HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.20782 of 2020

ORDER:

Heard Sri P.V. Ramana, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I I , appearing on behalf of respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the DM and HO, Khammam, in Rc.No.E6/1160/2019 dt.25.5.2019 cancelling the petitioner’s payment as full time contingent Proceedings No. Rc.E6/1078/2013 Dt.12.4.2013 w.e.f. 1.1.2012 with the pay scale of 2010 PRC as illegal, arbitrary and violates Articles 14, 16 and 21 of the Constitution and in utter violation of principles of natural justice and consequently declare that the petitioner is entitled for Minimum Time Scale not only as per appointment orders of the petitioner but also keeping in view of the law laid down by the Supreme Court in 2006 (4) SCC 1, and 2017 (1) SCC 148 and also declare that the petitioner is entitled for Minimum Time Scale prescribed as per the 2010 PRC and 2014 PRC with all consequential benefits and to pass...”.

3. The case of the petitioner, in brief, is that the petitioner was initially engaged as Night Watchman on contingent basis from 01.04.2005 and had been attending office from 9.00 A.M to 4.00 P.M. as per the timings of Primary Health Centre. The petitioner is responsible for cleaning, dressing patients, preparing beds for patients, changing bed sheets, assist in the sores, disposal from laboratory wastages, delivery wastages. Though the petitioner is a contingent worker, he is discharging the duties of last grade servants on full time basis. The DM & HO, Khammam on 12.04.2013 appointed the petitioner as full time Contingent worker on consolidated pay of Rs.625/- (Class- IV) on contract basis w.e.f. 01.01.2012. The Medical Officer was directed to regularize the pay of the petitioner as per G.O.Ms.No.23 Finance Department, dated 23.09.2005 and G.O.Ms.No.171 Finance Dept, dated 13.05.2010 under Class IV. Accordingly the pay at Rs.6,700/- was fixed with allowance under RPS 2010 w.e.f. 01.01.2012.

3 (i). It is further the case of the petitioner that he was not paid Rs.6,700/- for full time contingent worker w.e.f. 01.01.2012. The petitioner made a representation dated 26.09.2017 to the respondents. However, no action was taken on the said representations. Aggrieved by the same the petitioner filed W.P. No. 9206 of 2018 before this Court and the said writ petition was disposed of vide order dated 21.03.2018 directing the D.M & HO to consider the representation of the petitioner. The DM & HO Khammam in Rc.No.E61106/2019 dated 25.5.2019 passed orders stating that the petitioner is not entitled for payment of full time contingent since there is no vacancy and the petitioner was discontinued w.e.f. 01.11.2011 as per the orders of DM & HO, Khammam dated 06.12.2010. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD

4. Counter affidavit filed on behalf of the respondent Nos.1 to 5 and in particular para Nos.2 and 3, is extracted hereunder:

“In the said G.O.Ms.No.234/HM&FW (F1) Dept., dated

31.07.2004 at Para No.6, it is stated that the Director of Health, Hyderabad is permitted to redeploy the staff as per the staffing pattern in Para-4 above and recruit professionals and others in the unfilled vacancies by way of recruitment on contract basis in accordance with the G.O.Ms.No.637/HM&FW (G1) Dept., dated 03.11.2003 and to meet the expenditure from the existing budget head as per requirement.

The District cadre posts covered in this G.O. are (1) MPHA (F), (2) Lab Technician Gr-II, (3) Pharmacist Gr-II, (4) Contingent workers. These posts are being selected by the District Selection Committee consisting of the following Committee Members.

1) District Collector & Magistrate-Chairman

2) D.M. & H.O., Khammam – Convener Member

3) Superintendent, Distric