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2023 Supreme(Online)(AP) 17221
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25029 OF 2023 Between:
1. Dr V Md Ibrahim. S/o. Mahaboob Basha.
Aged about 30Years. Occ.Doctor. R/o.12/31/A. Sirvel Village and Mandal.
Nandyala District.
3. Dr Y.B.Gopi Kishore. S/o. Late. Y.B.Giddaiah. Aged about 26 Years, Occ.
Doctor. Rio.H.No.49150A-11E. Lakshmi Nagar. Kurnool-518002
4. Dr U Farheen Fathima. W/o. V and Ibrhim. Aged about 28 Years, Occ.
Doctor Rio. R/o.12/31/A. Sirvel Village and Mandal. Nandyala District.
5. Dr C Sravani. D/o. C Siva Rami Reddy. Aged about 35 Years, Occ.
Doctor. R/o.H.No.87/185. Sri Lakshmi Nagar. B (comp) Kurnool.
6. Dr Asra Mubeen, D/o. S Chand Basha. Aged about 28 Years. Occ.
Doctor. Rio.H.No.80-11-106A1. Abbas Nagar. B (comp) Kurnool.
7. Dr L Gousiya Begum. W/o. G.mdisaaq. Aged about 39 Years, Occ.
Doctor, R/o.30/132, Gadda Street.Kurnool. 8. Dr K Jyothirmai, D/o. K Venkateswarlu.
Aged about 27 Years. Occ. Doctor.
R/o. H.No.87-957-7. Telecom Nagar.
Near Nandyal Check Post. Kumooi, AP-518002
9. Dr M Goutham Kumar. S/o. Ramachandra Raju. Aged about 31 Years.
Occ. Doctor. R/o. Kummari Street. Mudivarthi.
Nellore District, AP-524137.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh. Rep by its Principal Secretary. HMFW Department. Secretariat. Velagapudi. Guntur District.
2. The State of Andhra Pradesh. Rep by its Principal Secretary. Finance Department, Secretariat. Velagapudi. Guntur District.
10. The Commissioner Health and Family welfare. D.No.189. 2ND Floor Himagna Towers. NTR Marg. LIC Colony. B-Block, Gollapudi.
Vijayawada, Andhra Pradesh-521225.
11. The Collector and District Magistrate. Kurnool District.Andhra Pradesh.
12. The District Medical and Health Officer. Kurnool District. Andhra Pradesh.
13. The Principal. Kurnool Medical College. Kurnool.
...RESPONDENTS Counsel for the Petitioner(s): THANDAVA YOGESH Counsel for the Respondents: GP FOR SERVICES IV The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25029 of 2023
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the salary dues for the petitioner doctors, who risked their lives during Covid pandemic since last 21 months, without any reason, despite there was CFMS bill raised with number 2022-2132183 and not considering their representation dated 20.12.2021, 18.04.2022, 01.05.2023, 22.05.2023 and 14.08.2023 for payment of salaries is illegal, arbitrary, violation of fundamental rights guaranteed under Article 14, 21, 23 and 300A of Constitution of India, consequently direct the respondents to pay the salary dues of the petitioner doctors for their respective services within two weeks by clearing the bill raised vide CFMS bill raised with number 2022- 2132183 along with the interest of 12% from the due date and to pass such other order or orders...”
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
3. Learned counsel for the petitioner submits that the petitioners were appointed as General Duty Medical Officers(GDMO) for a period of three months purely on contract basis with a remuneration of Rs.70,000/- as per Covid standing order 70. It is stated that the petitioners completed their contract period without there being any remarks. After completion of the first month of work, salaries were not paid to the petitioners. Further it is stated that the petitioners were under the impression that the respondents may pay the salaries after completion of the two months period. But after completion of the contract period the respondents have relieved the petitioners without paying any salary. The petitioners made several representations to the respondents. But the respondents did not take any action till date. Aggrieved by the said action of the respondents, the petitioners preferred the present Writ Petition.
4. On the other hand, learned Government Pleader for the respondents has placed the written instructions, wherein it is stated that an amount of Rs.3,55,71,402/- was sanctioned to Kurnool District on 27.09.2023 towards the clearance of pending bills under HR-Covid-19 along with the petitioner Nos.1 to 8 and also to clear the bills involved in the Court cases under Covid-19.
5. Having regard to the submissions made by learned counsel for the petitioners and learned Government Pleader for the respondents, in view of the facts and circumstances of the case, without touching merits of the case, this Court is of the considered view that the present Writ Petition can be disposed of, directing the respondents to pay the salaries which are due to the petitioners within a period of eight(8) weeks from the date of receipt of copy of this order.
6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J
03.10.2023 TPS
174 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25029 of 2023
03.10.2023 TPS
