(per Hon’ble Sri Justice Vilas V. Afzulpurkar)

1. This batch of writ petitions is directed against the final order of the Andhra Pradesh Administrative Tribunal dated 13.05.2009 allowing a batch of OA’s. Questioning the said order, the State has preferred several writ petitions. The writ petitions involve a common question for adjudication arising out of a common order of the tribunal. Hence, heard and disposed of by this common order.

2. When the present batch of cases was heard by us on 27.10.2009, while admitting WP.No.23029 of 2009 we had passed the following reasoned order suspending the impugned order.

“The respondent herein was appointed by the District & Medical Officer, Kurnool as Multi-Purpose Health Assistant (Female) vide order in Proceedings Rc.No.176/E@/2007, dated 22.10.2008, at Mandal level, purely on contract basis for a period of one year from the date of her joining, and on monthly consolidated pay of Rs.4,000/- (Pay at Rs.3000/- + incentive Rs.1000/- per month). The said appointment was purely temporarily, on contract basis depending upon the necessity and the same is liable for termination at any time without assigning any reasons therefore.

The services of the respondent/applicant were terminated by order in Proceedings Rc.No.E2/176/07 dated 19.01.2009 after completion of one year and she was relieved from the said post vide order dated 21.01.2009.

Questioning the said termination, the respondent file O.A.No.1366 of2009 before the Andhra Pradesh Administrative Tribunal. The tribunal by order dated 20.05.2009 disposed of the said OA along with other OA’s, setting aside the termination order and directed the petitioners herein to continue the applicants in OA’s on contract basis on par with others for the year 2009-2010 and further directed that the applicants can be replaced and their services can be terminated, if the candidates under roster points are available for filling up the said posts.

Aggrieved by the said order of the tribunal, the Government filed the present writ petition.

The learned Government Pleader appearing fro the petitioners submits that in fact the respondent and other applicants had been appointed against roster points due to non availability of the suitable reserved candidates and that now reserved candidates are available and they are entitled to be appointed in the posts reserved for them.

We have perused the order of the tribunal. Admittedly, the appointment of the respondent was purely on contract basis for a period of one year. It is to be seen that any appointment made by agreement or on contract basis under Rule 9 of the AP State and Subordinate Service Rules, 1996 shall be not regarded as member of the service in which posts she/he is appointed. If that be so, non-member of the service is not entitled to invoke the jurisdiction of the tribunal under Section 15 of the Administrative Tribunals Act, 1985. In that view of the matter, as the present matter cannot be said that it relates to service within the meaning of Rule 3 of the said Rules, we are inclined to suspend the operation of the order dated 13.05.2009 passed by the tribunal in OA.No.1366 of 2009.

Accordingly, there shall be interim suspension as prayed for.

Notice.”

The respondent has, thereafter, been served and we have heard the learned Government Pleader and the learned counsel appearing for the respondent and had reserved this matter for judgment on 29.12.2009.

3. For the sake of convenience, We refer to the facts in WP.No.23029 of 2009 relating to OA.No.1366 of 2009 as follows:

(a) The Government created posts of Multi-Purpose Health Assistants (Female)/Auxiliary Nurses and Mid-Wives, hereinafter referred to as MPHA (F)/ANM, in certain districts and so far as Kurnool District is concerned (which is subject matter of this batch) 517 posts were sanctioned vide G.O.Rt.No.152 Health Medical And Family Welfare (D1) Department dated 05.02.2007. Accordingly, Notification No.1/2007 dated 06.02.2007 and fur