C.V. Nagarjuna Reddy, J.

1. These writ appeals arise out of common order dt.31.3.2016 in W.P. No.2176 of 2016 and batch. Writ Appeal (SR) No.75322 of 2016 and Writ Appeal Nos.318, 319, 320, 323, 324, 325, 414, 418, 607, 612, 730 and 755 of 2016 are filed by the petitioners in the writ petitions which were dismissed by the learned single Judge on the sole ground that the petitioners need to approach the Labour Court/Industrial Tribunal to establish the relationship of master and servant and the employer and employee and that the remedy under Article 226 of the Constitution of India is not an appropriate remedy. Writ Appeal No.437 of 2016 has been filed by the State of Andhra Pradesh feeling aggrieved by the direction issued to it by the learned single Judge to maintain status quo for a period of two months to facilitate the writ petitioners to avail alternative remedy.

2. During the hearing, the learned Advocate General for the State of Andhra Pradesh submitted that he is not pressing the writ appeal filed by the State since with the expiry of two months period from the date of passing of it, the order worked itself out. The learned Advocate General also conceded that this Court has jurisdiction to decide the issue raised by the writ petitioners, but, he has, however, requested that instead of remanding the cases to the learned single Judge for adjudicating the writ petitions on merits, the writ appeals may be disposed of on merits by us. The learned counsel for the appellants/writ petitioners accepted this proposal of the learned Advocate General. Though in normal course we would have remanded the cases to the learned single Judge for adjudication on merits, in consideration of the request of the learned Advocate General, we have heard all the learned counsel appearing for the appellants/writ petitioners and also the learned Advocate General for the State of Andhra Pradesh on merits.

BACKGROUND FACTS

3. The combined State of Andhra Pradesh introduced a scheme called ‘Rajiv Aarogyasri Health Insurance Scheme’ with effect from 1.4.2007 for providing quality health care to the families falling below poverty line (BPL). The scheme was initially introduced as a pilot project in the Districts of Anantapur, Mahaboobnagar and Srikakulam in the year 2007. A Deed of Trust, namely, ‘Aarogyasri Health Care Trust’ (for short, “the Trust”) was executed in the name of the Governor of the State of Andhra Pradesh, on 24.08.2007, vide Document No.278 of 2007, whereunder ‘Rajiv Aarogyasri Community Health Insurance Scheme’ (for short, “the scheme”) was formulated. The recitals of the Trust Deed show that the Hon’ble Chief Minister of Andhra Pradesh was the Chairman, the Hon’ble Minister for Medical Education & Health Insurance was Vice-Chairman-I, the Principal Secretary to Government, Health, Medical and Family Welfare Department was Vice-Chairman-II and other Government functionaries were the Trustees. The Trust inter alia envisaged identification of network hospitals in which the beneficiaries of the scheme could be provided healthcare and surgical operations. Clause 6 of the Trust Deed recited that the Trust will be fully owned by the Government of Andhra Pradesh. The appendix to the Trust Deed contains salient features of the scheme. The main objective of the scheme is to improve access to BPL families to quality medical care for treatment of diseases involving hospitalization and surgery through an identified network of healthcare providers. To start with, six diseases were identified for providing treatment to the beneficiaries.

PLEADINGS OF THE APPELLANTS/ WRIT PETITIONERS:

4. Since the pleadings in all the writ petitions are more or less similar, it would suffice if the averments in one of the writ petitions are briefly referred. Accordingly, we have chosen W.P. No.3724 of 2016 filed by 134 persons. The petitioners averred that