Budhawaxa Peta, Kurnool City, Kurnool District, A.P v. $The State Of Andhra Pradesh & Ors.

W/o. ChakaliSrinivasulu, aged about 33 years, R/o. Gooty Petrol Bunk, Balaji Nagar, Kurnool District, A.P.

#35. Sandhyapogu Sai Vinay, S/o. S Sreenivasulu, aged about 22 years, R/o. D. No. 41/473-4A, Saibaba Sanjeevaiah Nagar, Kurnool City and District, A.P.

#36. M.Sowjanya, W/o. B Ravi Kumar, aged about 33 years, R/o. Near Balaji Vilas, Ambedkar Nagar, Kurnool City and District, A.P.

#37. DasariChennamma, W/o. B Bala Swamy, aged about 28 years, R/o. D. No. 3-80, Diguvapadu, Kurnool Mandal and District, A.P.

#38. J. Sudhakar, C/o. ChinnaNarasimhulu, aged about 42 years, R/o. Husenapuramu, Kommemarri, Peapally Mandal and Kurnool District, A.P.

#39. Kodumur Fareed Basha, S/o. Kodumur Abdul, aged about 26 years, R/o. H. No. 49/50A/119, Sree Ram Nagar, Kurnool City and District, A.P.

#40. GujjulaSrinivasulu, S/o. G Maddaiah, aged about 35 years, R/o. H. No. 46-753, Budhawar Peta, Kurnool City and District, A.P.

41.E.Chinna Babu, S/o. M.Muniswami, aged about 35 years, R/o. H. No. 16, Rajiv Gruhakalpa, Budhavar Peta, , Kurnool City and District, A.P.

#42. Nallapothula Sujatha W/o. N Ravi Kumar, aged about 35 years, R/o. D. No. 84-62, Kallur Village and Mandal, Kurnool District, A.P.

#43. Mala Mahadevudu, S/o. Mala Savaranna, aged about 36 years, R/o. Sri Ram Nagair, Near C Camp, Kurnool City and District, A.P.

#44. Barigela Pavan Kumar, S/o. B Maddilety, aged about 27 years, R/o. H. No. 49/50A/609-B, Sreeram Nagar, Kurnool City and District, A.P.

#45. Gunti Paramesh, S/o. G. Shankar, aged about 23 years, R/o., PullagummiVillage, Veldurthi Mandal, Kurnool District, A.P.

#46. KasireddyThirumaleswara Reddy, S/o. K.Koteswara Reddy, aged about 29 years, R/o. Venkatagiri, Bethamcherla Mandal, Kurnool District, A.P. And

#1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati.

#2. The Director of Medical Education, Government of Andhra Pradesh, Hanumanpet, Vijayawada, Krishna District, A.P.

#3. The District Collector, Kurnool District, Kurnool.

#4. Andhra Pradesh Corporation for Outsourced Services, Rep. by the Managing Director, 2nd Floor, N.T.R. Administrative Block, PNBS, Vijayawada, Krishna District, A.P.

#5. The Superintendent, Government General Hospital (G.G.H.), Budhawaxa Peta, Kurnool City, Kurnool District, A.P. ...Petitioners .. .Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the Respondent authorities to continue the services of the Petitioners by setting aside the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 as the same is illegal, arbitrary and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to continue the Petitioners in the same position regularization of services of the Petitioners as per the direction given by Hon’ble Apex Court in the case of Secretary, State of Karnataka and others Vs. Umadevi and others by duly considering the period of the services rendered by the Petitioners. employment disturbing without lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order directing the Respondent authorities continue the services of the Petitioners in their respective posts in the said Andhra Pradesh Corporation for Outsourced Services (APCOS) without any interruption until disposal of the above writ petition. lA NO: 2 OF 202? Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order directing the Respondent authorities to pay all the due salaries entitled to the Petitioners from the the date of termination 31.10.2021 until disposal of the above month of July 2020 to writ petition. lA NO: 3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order suspending the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 issued by the Respondent No. 5 until disposal of the above writ petition. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the reply counter on record by allowing the leave petition in the above writ petition. Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR SERVICES IV WRIT PETITION NO: 30238 OF 2021 Between:

#2. Shaik; Salmaan Basina, S/o. Bnssian, aged, adovit 32 yeaxs, R/o. Sanath Bajzar, Chilalcaliaripeta, Gxantiar District, A.P. Siddu. Yamini Himabindn., C/o. Kamaldkara Rao, aged about 33 years, R/o. D. No. 4-14-226/21, l«t Lane, NTR Colony, Guntur City and District, A.P.

#3. Desavath Satisb Naik, S/o. Srinu Naik, aged about 29 yeairs, R/o. Veldurtby Village and Mandal, Guntur District, A.P.

#6. Danaboyina Anuradha, W/o. Seetbaramaiab, aged about 49 years, R/o. D. No. 2-47, Uppalapadu Village, XJppalapadu Mandal, Guntur District, A.P. Devarapalli Venkata Ramana, W/o. Lalcshmaiab, aged about 43 years, R/o. D. No. 26-10-1 19/A, 8^^ Lane. Kankaragunta, Guntur City and District, A.P. Banka Satyavathi, W/o. B. Prasad Rao, aged about 55 years, R/o. D. No. 65-12-1332, Asrarn^J^ RoacJ., Suddapalli Donka, Guntur City and District, A.P.

#7. Lingabathini Sangeetha Lakshmi, W/o, Kumar Raja, aged about 33 years, R/o. D. No. 2-118/1, Nelapadu Village, Tenali Mandal, Guntur District, A.P.

#8. Battu Ramalaksbmi, W/o. Prasanna Kumar, aged about 46 years, R/o. D. No. 9-87B, Lodhargiri, Pedalcakani, Guntur District, A.P.

#9. Shaik Baji Saheb, S/o. Shaik Alii Saheb, aged About 51 years. R/o. D. No. 24-20-6, Guntur City and District, A.P. Lane, Nallacheruvu, I

#10. Daxipaxthi Mohiaxi Rao, S/o. Kalahastheswaxa Rao, aged about 43 yeaxs, R/o. D. No. 8-12-14/40, 9^^ Laxie, Nehrunagax, Guntur City and District, A.P.

#11. Jogi Tirumala Rao, S/o. Singaradas, aged about 39 yeaxs, R/o. D. No. 3-80, China Palakaluru, Guntur District, A.P.

#12. Shaik Hussain Vali, S/o. Hunnursa, aged about 49 years, R/o. D. No. 7-20-130/1, 16th Lane, Sarada Colony, Guntur City and District, A.P.

#13. Parisa Venkata Krishna, S/o. Sankara Rao, aged about 23 yeaxs, R/o. D. No. 1-73, Selapadu Village, Chebrolu Mandal, Guntur District, A.P.

#14. Shaik Sitaxa Begum, D/o. Mahaboob Subhani, aged about 33 R/o. D. No. 3-56, Tummapudi Village, Guntur District, A.P. years.

#15. Degala ThirUpatamma, W/o. D. Srinu, aged about 48 years, R/o. D. No. 3-78C, Kantamaraju Koduru, Guntur District, A.P.

16.1slavath Krishna, S/o. Mastan Naik, aged about 36 years, R/o. D. No. 1-139, Ameenabad Village, Guntur District, A.P.

#17. Islavath Soniya Bai, W/o. Krishna Naik, aged about 29 yeaxs, R/o. D. No. 1-139, Ameenabad Village, Guntur District, A.P.

#18. Devalla Venkateswara Rao, S/o. Veeraswamy, aged about 28 years, R/o. D. No. 2-168, Vuyyandana, Krosuru Village, Guntur District, A.P.

#19. Chukka Ramesh, S/o. S. Samiyelu, aged about 47 yeaxs, R/o. D. No. 3-104, Ambedkax Nagax, Tsundur Village and Mandal, Guntur District, A.P.

#20. Putta Nagaja, W/o. P. Raveendra Reddy, aged'about 31 years, R/o. D. No. 113-119, Pallavisudha Residency, Flat No. 403, Ankireddypalem, Ameenabad Village Guntur District, A.P. 2 1. Bondalapati Alluraiah, S/o. B. Polaiali, aged about 43 years, R/o. D. No. 1-1 13H, Mohiddinpuram, Pralcasam District, A.P.

#22. Tadivaka Nani, S/o. T. Poornachandara Rao, aged about 22 years, R/o. D. No. 1-6-12, Bhavanagar Colony, ls‘ Ward, Ponnur, Guntur District, A.P.

#23. Ponduru Venkata Papa Rao, S/o. Ramakoteswara Rao, aged about 41 years, R/6. D. No. 1-62, Budampadu, Guntur District, A.P.

#24. Vasimalla Aruna, W/o. Sundara Babu, aged about 42 years, R/o. D. No. 7-6-162, Bongaralabeedu, 6*^ Lane, Guntur City and District, A.P.

#25. Dodda Mariyadas, S/o. D. Yesobu, aged about 34 years, R/o. Thokavaripalem, Peda Palakaluru, Guntur District, A.P.

#26. Kancherla Srinivasa Rao, S/o. K. Venkateswarlu, aged about 31 years, R/o. D. No. 26-219, Subbaiah. Thota, Chilakaluripeta, Guntur District, A.P.

#27. Gudesa Sarath Babu, S/o. G. Ananda Babu, aged about 31 years, R/o. D. No. 4-288, Santamaguluru, Guntur District, A.P.

#28. Galimutti Nagamani, W/o. G. Kiran, aged about 36 years, R/o. D. No. 12-11-375, 3''^ Lane, Rami Reddy Thota, Guntur City and District, A.P.

#29. Shaik Kasim Saida, S/o. Mastan Vali, aged about 29 years, R/o. D. No. 29-27-48/284, 8^^ Lane, Krishna Babu Colony, Lalpuram Road, Guntur District, A.P. And

#1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati.

#2. The Director of Medical Education, Government of Andhra Pradesh, Hanumanpet, Vijayawada, Krishna District, A.P. ...Petitioners

#3. The District Collector, Guntur District, Guntur.

#4. Andhra Pradesh Corporation for Outsourced Services, Rep. by the Managing Director, Floor, N.T.R. Administrative Block, PNBS, Vijayawada, Krishna District, A.P.

#5. The Superintendent, Government General Hospital (G.G.H.), Railpet, Guntur City, Guntur District, A.P.

#6. The Assistant Director, Government General Hospital (G.G.H.), Railpet, Guntur City, Guntur District, A.P. .. .Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the Respondent authorities to due salaries to the Petitioners from the month of July 2020 to the date termination 15.09.2021 with all relevant benefits of ESI herewith and also direct the Respondents to continue the services of the Petitioners in their same posts in the said Andhra Pradesh Corporation for Outsourced Services (APCOS) and consequently direct the authorities 01.12.2021. set aside the impugned Notification EPF, Gratuity respondent pay the No. lA NO: 1 OF 2091 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order directing the Respondent authorities all the due salaries entitled to the Petitioners from the date of termination 15.09.2021 until disposal of the above writ petition. the month of July 2020 to to pay lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order directing the Respondent authorities to continue the services of the Petitioners in their respective posts in the said Andhra Pradesh Corporation for Outsourced Services (APCOS) without any interruption until disposal of the above writ petition. lA NO: 3 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order suspending the impugned Notification No. 1/2021 dated 01.12.2021 issued by the Respondent No. 5 until disposal of the above writ petition. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be file counter affidavit by pleased to grant leave to the Respondents to condone the delay in W.P.No.30238 of 2021. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the reply counter on record by allowing the leave petition in the above writ petition. Counsel for the Petitioners; SRI SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR SERVICES - IV The Court made the following common order: rf.' 1 ‘HIGH COURT OF ANDHRA PRADESH :: AMARAVATI +WRIT PETITION No. 466/2022 and 30238 of 2021 +WP No.466/2022 Between: #Ganga Ravi Prasad and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) JUDGMENT PRONOUNCED ON 24.01.2025 THE HON’BLE DR.JUSTICE K. MANMADHA RAO

#1. Whether Reporters of Local newspapers may be allowed to see the Judgments?

#2. Whether the copies of judgment may be marked to Law Reporters/Journals

#3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes - Yes - Yes - 2 * THE HON’BLE DR.JUSTICE K. MANMADHA RAO +WRIT PETITION Nos. 466/2022 and 30238 of 2021 % 24.01.2025 WP No.466/2022 # Between: #Ganga Ravi Prasad and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT{S) ! Counsel for the Petitioner Mr. Narra Srinivasa Rao ! Counsel for Respondents: GP for Services-IV <Gist: >Head Note: ? Cases referred:

#1. http://indiankanoon.org/doc/i59i733 APHC010002752022 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction) FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 466/2022 and 30238 of 2021 W.P. No. 466/2022 Between: Ganga Ravi Prasad and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):

1.SRINIVASA RAO NARRA Counsel for the Respondent(S):

1.GP FOR SERVICES IV The Court made the following: COMMON ORDER : As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order. 2

#2. Since the facts in therefore WP No.466 of 2022 all the writ petitions are similar and identical, is taken as lead case, and the facts therein hereinafter will be referred to for convenience.

#3. The facts of the various capacities on the case are that all the Petitioners are working in outsourcing basis in the Government General Hospital, Kurnool City. Kurnool District. Electricians, Lift Operators The Petitioners have been working barbers. Plumbers. Carpenters Male Nursing and Front Desk Managers in the City, Kurnool District initially from the Orderly and Female Nursing Orderly Government General Hospital, Kurnool month of October 2018 for a period of 3 years through the Nakshatra House Keeping Services vide Agreement dated 30.07.2018 Government of Andhra Pradesh issued G.O.Ms.No. 136 dated 04.11.2019 incorporating Corporation for Outsourced Services the Andhra Pradesh agency of The (APCOS) with an intention to streamline the appointments who have been working under various modes like to create transparent outsourcing, contract and daily wages and accountable and sustainable outsourcing ecosystem in the State. It is stated that, duly recognizing the services of the Petitioners by the Respondents, in the month of July 2020, the Petitioners Who were working in the Government General Hospital Kurnool through the agency were merged into the said Corporation vide Placement Intimation Letter PL No. PIL- DC-KNL-003672- 230420210504 dated 23.04.2021. Thereafter surprisingly, the 5‘^ respondent vide Proceedings in Rc. No. SPL/18 dated 30.10.2021 terminated the Petitioners from the services, which is invalid under law as the y' 3 Housekeeping Services has agency Nakshatra no role in employment of the Petitioners, as such, the Proceedings issued by the 5*^ Respondent has no legal sanctity. Questioning the same, the present writ petition came to be filed.

#4. The counter affidavits are filed in both the matters, for convenience, the averments in counter in W.P.No.466 of 2022 are stated as under:

#5. In the counter affidavit filed by 5*'' respondent in WP No.466 of 2022, wherein, while denying the allegations made in the petition, inter alia, stated that, for implementation facility management systems under G.O.Ms.No.123 HM&FW(1.1) Dept. Dt.04.04.2018, the Director of Medical Education, A.P. Vijayawada, decided to engage a single agency for all Government Hospitals to avoid payment of Different package rates for different hospitals in hiring the services of Data Entry Operators(Front Desk operators & Nursing orderly) department wise. Accordingly an agreement was entered by the DME on

31.07.2018 with M/s. Nakshatra House Keeping Services for supply of Manpower for a period 03 years for all Govt. Hospitals in the state. Basing on the same the agency supplied the manpower i.e., petitioners and they were continued up to 31.10.2021. In this regard, the outsourcing agency i.e.. M/s. Nakshatra House Keeping Services, Nerrawada(v), Bhadripalli (p), Chapadu (m), Kadapa District been provided the following cadres outsourcing basis to Govt. General spital, Kurnool from November-2018 to 31.10.2021.

#1. Front Desk Managers - 06 Members \

#2. Nursing Orderly 42 Members The DME Vide Rc.No.DME/Pl/2018 Dt.21.08.2018 issued directions to pay the contract Aarogyasri - HDS Funds amount to the agency from the Dr. YSR of the Concerned Institutes (In this case GGH Kurnool) only. In respect of petitioners, who were appointed through agency purely on temporary basis Further they were agency and their services have been Government G.O.Ms.No.140 & 141 these posts by following the Rule and their salaries paid from Arogyasri funds. continued up to the tenure /agreement with the Nakshtra disengaged. It is further stated that, now released certain various categories HM&FW(A1) Depth, Dt.17. 11.2021 and directed to of Reservation and Merit basis. As per the guidelines the appointed petitioners. petitioners service weightage has also been through temporary outsourcing accorded to the persons agencies including It IS further stated that though the appointment orders of issued outsource Housekeeping services, the petitioners However the entire salaries agencies i.e. Nakshtra claiming salaries through APCOS It disengagement. up maximum marks 15 services the Government also i were paid from Arogyasri funds i IS stated that, taking into consideration of their previous issued guideiines according service weightage accordingly a notification was issued on 30.11.2021. applied for post of Data Entry operators/Nursing process have been started by giving a pure merit to all and the un-employees as well as to outsourcing Most of the petitioners have vacancies in recruitment orderly. The notified /• / 5 employees by giving weightage. Therefore, the petitioners cannot find fault with the present selection process taken up by the Government on regular recruitment process. The Main contention of the petitioners that for continuing them in services and also regularize the services of the petitioners in time of Umadevi case, which is not permissible and the Judgment of the Umadevi case is not applicable to the present facts of the case. In this regard, there is no direct relationship between The petitioners as master servant. Further they were appointed by agency itself and the agency is no more existing w.e.f.

01.11.2021. Hence, the petitioners cannot Claim for continue of services and also regularize of services. The Umadevi’s case, which was relying by the petitioners’ is not applicable to the present facts and circumstances of the case. Hence, the writ petition liable to be dismissed.

6.' The reply affidavit has been filed by the petitioners in WP No.466 of

#2022. In the reply affidavit, it is stated that, some of the Petitioners who are physically disabled and widows even discharged their duties efficiently even at the oddest of times. The Petitioners effectively rendered their services during the time of Covid-19 Pandemic to serve the needy people and to several other ill patients. The Petitioners discharged their duties effectively in the pandemic period by risking their lives to render their services to Covid patients. Inspite of using the services of the Petitioners, the Respondent authorities have terminated the services of the Petitioners despite being merged into the said APCOS Corporation. Upon the termination from their respective posts by the Respondent authorities, the Petitioners and their respective family members «'ere deprived of fheir fundamental Indian ^Constitution. Meanwhile 6 '■'Shts guaranteed i in some districts ram and SPSR Nellore particularly in Ananthapu "ere appointed initially through an agency to work i Hospitals and later respective Government General Hospitals effectively and the are also being paid to them 'herged into the APCOS Corporation Districts, the on time without under Article 21 of the State employees who Government General are still working in the remunerations any delay. But in the case of the very belatedly and they wete being petitioners, they were paid their salaries illegally terminated. 7- Heard Sri Narra Srinivasa petitioners and learned respondents. Hao, learned counsel Government Pleader for Services-IV appearing for the appearing for the

#8. On hearing, learned counsel while reiterating the averments made in the petitions duties were paid salaries submits that, the Petitioners Who have been regularly on time through the discharging their respective agency. The Nakshatra House Keeping Services from the month of November 2018 said Corporation, the Respondent With all benefits to the Petitioners from the submits that, of them are Government some of the Petitioners who physically handicapped have been General Hospital Kurnool Corporation for Outsourced Services / agency paid salaries to the Petitioners to June 2020. Later due uierging into the authorities did not pay the monthly salaries month of July 2020. He further are aged above 50 years and some discharging their duties in the Andhra Pradesh (APCOS) since 2018 without 7 interruption. But the Respondent authority issued the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 informing to Nakshatra Housekeeping services to withdraw the services of the Petitioners from the hospital from outsourcing from 31.10.2021. Learned counsel for the petitioners mainly contended guidelines Circular Memo No GAD01- SUOMISC/31/2019- SU-I dated 20.11.2019 the petitioners are under the employment of APCOS but private agency Nakshatra Housekeeping Services. The petitioners who rendered their services efficiently even during the Covid-19 pandemic by risking their lives to the needy people and Covid patients but the respondent authorities without even considering the efficient and effective services of the petitioners terminated the petitioners from their respective posts without paying the monthly, salaries. Therefore the action of the respondent authorities in not recognizing the services of all the petitioners is highly illegal and arbitrary. He further submits that as per decision of Hon’ble Supreme Court reported in Secretary, State of Karnataka and others vs. Umadevi and others^ the petitioners are also entitled for regularization. Therefore, learned counsel for the petitioners requests this court to issue a direction to the respondent authority to continue the petitioners in the same position and pass appropriate orders.

#9. Per contra, learned Government Pleader appearing for respondents while reiterating the averments made in the counter affidavit, http;//Indiankanoon.org/doc/l 591733 8 submits that, after uploading of APCOS portal, this APCOS portal some the outsourcing staff particulars r was attached to regular pay bills site ii.e.. DO request, to upload the attendance particulars from the month of July 2020, to enable the DDO to process the regular GGH Guntur staff salaries every month. The monthly payments of M/s. Nakshatra House Keeping Services Hyderabad has been paid from the funds of Dr.YSR Aarogyasri HDS, GGH Guntur only. After termination contract of outsourcing of M/s. Nakshathra House Keeping Services, Ashok Nagar, X Road, Hyderabad On 15.09.2021, the services of outsourcing staff were withdrawn by the agency and their particulars in APCOS portal were also deleted forthwith. He further submits that the 5*^ respondent office also addressed and remainder letters were sent to the Director of Medical Education, A.P. Vijayawada to issue necessary directions M/s. Nakshtra House Keeping Services, continuation of services or any other directions. Thereafter on 14.9.2021 the Director of Medical Education Vijayawada has issued telephonic instructions disengage services M/s Nakshtra Housekeeping Services Hyderabad immediately. He further submits that the Director of Medical Education, A.P., Vijayawada vide Rc.No.9000/P1/2021-22, Dated 19.11.2021 has accorded permission for filling up sanctioned existing vacant posts, created additional of Paramedical cadres and other Contract/Outsourcing basis in Government General Hospital, Guntur under the administrative control Director of Medical Education, A.P. Vijayawada through District Selection Committee and maintain 9 reservation in the recruitment process and should follow the conditions mentioned in the G.Os. Thereafter, a notification was also issued for calling applications eligible candidates, In regard, experience certificates are issued to the petitioners whose service have been utilized through third party agency i.e.. M/s Nakshtara Housekeeping Services, at Govt. General Hospital, Guntur as per their request. He mainly submits that there is no direct employer and employee relationship between the 5 respondent office and the petitioners. They were engaged through outsourcing agency to meet daily work at Hospital. They were not appointed/recruited I any sanctioned posts or recruited by following the recruitment procedures. Only after the introduction of the APCOS, the posts were sanctioned by the Government and the Government itself acted as recruiting agency and completed the recruitment through the District Selection Committee by following merit and ROR. Therefore there are no merits in the instant petitions and are liable to be dismissed.

#10. On a perusal of the material on record, this Court observed that, the Government has issued G.O.Ms.No.136 dated 04.11.2019 incorporating the Andhra Pradesh Corporation for Outsourced Services (APCOS) with an intention to stream line the appointments who have been working under various modes like outsourcing, contract and daily wages and to create transparent, accountable and sustainable outsourcing ecosystem in the State. Further, is observed that, petitioners who were working in Government General Hospital, Kurnool through their Agency were merged 10 into the said Corporation vide placement Intimation Letter vide PL NoPIL-DC- KNL-003672-230420210504 DATED 23.04.2021.

#11. As seen from the Circular Memo No.GAD01-SUOMISC/31/2019- SU-I, dated 20.11.2019, wherein at Clause-1, it was mentioned as under;

#1. The Corporation shall work to achieve the following outcomes; (i) Removal of Private Outsourcing Agencies / Middle Man (ii) Corruption free Outsourcing Placement iii) Implementation of 50% reservation for BC, SC, ST and Minorities and 50% reservation for Women iv) Timely & Full Payment of Remuneration without any undue cuts and (v) Proper credit of EPF and ESI. Clause 2 - Deals with guidelines for engage Outsourced Manpower;

2.1 For the purposes of engaging the outsourced employees who working with the departments. * All the outsourced employees who are currently engaged shall be migrated to the APCOS, which will act as a placement agency No employee who is engaged in outsourcing currently shall be removed. For the purposes of migrating the outsourcing employee, the unit shall be the contract or the department where the employees are currently engaged The contract or the department unit shall be assigned a unique code and the migration shall happen in toto. Reservation shall be applied to the contractor or the department unit 11 * While migrating the employees, proof of account number, EPF & ESI account shall be salary slip along with bank collected.

#12. On a plain reading of the above Circular, in the present case, by virtue of above guidelines dated 20.11.2019 the petitioners have been migrated to the respondent hospital since the petitioners were working as outsourced employees. And after merging into the APCOS the petitioners were being paid salaries by the Corporation by way of transfer directly into their accounts from the month of July 2020. So, in view of the above, since the petitioners were merged into the said Corporation from the month of July 2020 the respondent authorities terminated the services of the petitioners on \ \ pretext of cease of contract period is highly illegal and arbitrary. Therefore, this Court is inclined to dispose of the writ petition while directing the respondent authorities to continue the petitioners in the same position without discharging their employment. With regard to regularization of services of the petitioners, as stated by learned counsel for the petitioners that in view of the directions of Umadevi’s case, it is not applicable to the present facts of the case.

#13. Accordingly, both the Writ Petitions are disposed of setting aside the impugned proceedings vide Rc.No.SPL/18 dated 30.10.2021 issued by the respondent authority. Further, the respondent authorities are directed to continue the services of the petitioners in the Andhra Pradesh Corporation for Outsourced Services (APCOS) in the same position from the date of termination i.e., from 30.10.2021 to till date. Further the respondents are also I 12 directed to pay the due salaries to the petitioners from the month of July 2020 to the date of termination i.e., upto 30.10.2021 with all relevant benefits of ESI EPF, Gratuity, within a period of eight (08) weeks from the date of receipt of a copy of this order. It

#14. is made clear that the petitioners are not entitled to claim any monetary benefits from the date of termination i.e., from 30.10.2021 to till date. No order as to costs.

#15. As a sequel, all the pending miscellaneous applications shall stand closed. To //TRUE COPY// SDI- K. TATA RAO DEPUTY REGISTRAR / OFFICER One fair copy to the Hon’ble Dr. Justice K. MANMADHA RAO (for His Lordship’s Kind Perusal)

#1. The PrI. Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

#2. The Director of Medical Education, Government of Andhra Pradesh, Hanumanpet, Vijayawada, Krishna District, A.P.

#3. The District Collector, Guntur District, Guntur.

#4. The Managing Director, Andhra Pradesh Corporation for Outsourced Services, 2"*^ Floor, N.T.R. Administrative Block, PNBS, Vijayawada, Krishna District, A.P. The Superintendent, Government General Hospital (G.G.H.), Railpet, Guntur City, Guntur District, A.P.

#6. The Assistant Director, Government General Hospital (G.G.H.), Railpet, Guntur City, Guntur District, A.P.

#7. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi.

#8. The Secretary, A.P. Advocates Association Library, High Court Buildings, Amaravati, Guntur District.

#9. 9 L.R. Copies.

#10. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 11 .Two CCs to GP for Services - IV, High Court of Andhra Pradesh. [OUT]

#12. Two CD Copies RAM 1 I If HIGH COURT \ y. DATED:24/01/2025 COMMON ORDER 2" 5 0 3 FEB 2C25 . Current Section Co WP.Nos.466 of 2022 & 30238 of 2021 disposing both the WPs WITHOUT COSTS