✦ High Court of India · 17 Mar 2025

The High Court · 2025

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Bench
Not available
Length
1,409 words

2. The Chief Executive Officer, Arogyasri Health Care Trust, D.No. 8-2-293182 Road, No.46, G Rami Reddy tvlarg, Silent Valley hills, Jubilee Hills, Hyderabad, Telangana 50O033

3. The District Coordinator of Hospital Services, Hqrs Siddipet. 4. Medical Superintendent, Area Hospital and District Hospital Siddipet Town, Siddipet

5. Superintendent, District Head Quarters Hosprtals Siddipet District at Gajwel ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other writ declare the action of the Respondents, particularly Respondent No. 5, in issuing the Proceeding vide Rc No. 32IA/DHH/SDPT/2021 dated 06-12-2021 by which the payment of the amount due to the Petitioner for supplying diet to the Patients and Doctors of the Are€ Hospital and MCH Hospital Siddipet under the Arogyasri scheme from the year 2008 to 2016 has been denied in an erroneous, non-speaking order rendered without application of mind and in violation of the orders of this Honble Court in WP No. 37645 of 2016 dated O9-O7 -2021 and principals of natural justice, as illegal, arbitrary, uniust and in violation of Articles 19(1 )(g) and 21 of the Constitution of lndia, and consequently, to direct the Respondents to disburse the amount that is due to the Petitioner for supplying Arogyasri Diet to the Patients andDoctorsoftheAreaHospitalandMcHHospitalsiddipetunderthesaid scheme from the Year 2008 to 2016. lA NO: 1 OF 2025 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 suspend the Proceeding vide Rc No. 32IA/DHIH TSDPT 12021 dated 06-12-2021 and direct the Respondents to disburse the amount that is due to the Petitioner for supptying Arogyasri Diet to the Patients and Doctors of the Area Hospital and MCH Hospital Siddipet under the said scheme from the year 2008 to 2016' Counsel for the Petitioner :SRl SASHIDHAR KASIREDDY Counsel for the Respondents: Ms.SWAPNA MADHURI, AGP FOR MEDICAL HEALTH FW The Court made the following: ORDER I THE HON'BLE SRI JUSTICE E.V. VENUGOPAL ORDER: WRIT PETITION No.3994 OF 2025 - This Writ Petition is hled under Section 226 of Constitution of India seeking the following relief/s:- "... to issue a writ of mandamus or any other appropriate dlrection to declare the action of the Respondents, particularly Respondent No.5, rn issuing the Proceeding vide RC.No.32IA/DHH/SDFT/2021 dated 06.I2.2021 by which rhe pa-yment of the arnount due to the Petitioner for supplying dicL ro the Patierits and Doctors of the Area Hospital and MCH Hospital Siddipcr under the Arogyasri scheme from the year 2OO8 to 20l6 has been dcnicd rn an erroncous, non-speaking order rendered without application of mind ancl rn violation of the orders of this Hon'ble Court in WP No,37645 ot 2016 dard 09,O7,202I and principals of natural justice, as illegal, arbitrary, unlusr an(l rn violation o[ Artlcles 19(l)(g) and 21 of the Constitution of India; ancl consequently, to direcr the Respondents to disburse the amount that is due to thc Peritioner for supp\.ing AroF$rasri Diet to the Patients and Doctors of rhe Area Hospital and MCH Hospital Siddipet under th€ said scheme from rhc year 2OO8 to 20 l8 and pass such other order or orders .-.'

2. Heard Mr.Sashidhar Kasireddy, learned counsel for the petitioner and Ms.Swapna Madhuri, learned Assistant Government Pleader for Medical and Health appearing for respondents.

3. The brief facts of the case are that the petitioner herein has been engaged as the sole diet Contractor for the Patients and Doctors of both the Area Hospital and MCH Hospital, Siddipet under the Arograsri Scheme from 2008 to 2O 16 on various contractual agreements. It is stated that throughout the aforesaid period, the petitioner had diligently supplied rhe requisite diet services, which were accepted without an_r, notice or complaint. The petitioner sought to claim the payment due for the supplied I I I i I I I I I I I I i I I I i ., I i I r I i I i l l i I I ) i I I I 2 diet services and made numerous representations to the concerned authorities. Respondent No.4 vide letter dated ll.O3.2Ol4 admitted that the petitioner had supplied the Aroryasri diet to (555) patients for a period of (7) days and acknowledged that the corresponding pay,rnent had not been effected and the list of (555) patients for which payments were due to the petitioner were annexed along with his letter sent to respondent No.3. But respondent No.5, vide impugned order, states that there is no record available to show that payment to the petitioner is pending. Respondent No.4, in conjunction with respondent No.5 issued a non-speaking order vide proceedings dated O6. l2.2o2l denying the payment due to the petitioner without affording an opportunity of hearing to him. Aggrieved thereby, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submitted that vide proceedings in Lr.No.439-l/Grievance/DCHS/MDK I 2016 dated

19.O4.2O16, the District Co-ordinator of Hospital Services, Medak District, at Sanga Reddy had instructed Medical Superintendent, Area Hospital, Sidclipet to submit the list of beneficiaries of Arogvasri patients, failing which, appropriate action was sought to be taken b-v the District Collector. Despite, the said direction, J the list of the beneficiaries of Aroryasri patients was not uploaded and due to non receipt of money, the petitioner is put to suffer huge monetar5r loss. Therefore, he seeks to pass appropriate orders.

5. Learned Assistant Government Pleader submits that the petitioner has not supplied Arograsri Special Diet (costing Rs.1O0/- per day per patient) to Aroryasri Patients but supplied normal diet {Rs.40/-) per day per patient as applicable to all the Government Hospitals as per the Agreement entered into $'ith him for the regular patient diets for AH & MCH Hospitals, Siddipet. Therefore, she states that there are no pending bitts due to the petitioner and seeks to dismiss this Writ Petition'

6. Having regard to the submissions of both the le:rrned counsel, this Court directs the respondents to verifv the entitlement of the petitioner on the aspect of payment of money, r.t,ith regard to the services rendered by petitioner to the patients i.e., r.vhether the petitioner is entitled for payment of Rs 40/- or Rs.100/- per patient per day, by obtaining the list of beneficiaries of Arog,-asri patients from the Computer Operator/ Date Entry Operator, Siddipet. Upon such verification, the respondellls are directed to settle the bills of the petitioner rvhich are not in 4 dispute. With regard to the disputed amounts, the respondents shall communicate the same to the petitioner. If the petitioner is further aggrieved, he shall take steps in accordance with law. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 7 With the above direction, this Writ Petition is disposed of, Miscellaneous Petitions, pending if any, shall stand closed //TRUE COPY// SD/-L. LAKSHMI BABU DEPUW REGISTRAR v SECTION OFFICER To,

1. The Principal Secretary Department of Medical and Health, Development Department Dr B R Ambedkar Secretariat Building State of Telangana, Hyderabad

2. The Chief Executive Officer, Arogyasri Health Care Trust, D.No. 8-2-293182 Road, No. 46, G Rami Reddy Marg, Silent Valley hills, Jubilee Hills, Hyderabad, Telangana 500033

3. The District Coordinator of Hospital Services, Hqrs Siddipet. 4. The N/edical Superintendent, Area Hospital and District Hospital Siddipet Town, Siddipet

5. The Superintendent, District Head Quarters Hospitals Siddipet District at Gajwel

6. One CC to SRI SASHIDHAR KASIREDDY, Advocate. [OPUC] 7. Two CCs to GP FOR MEDICAL HEALTH FW, High Court for the State of Telangana. [OUT]

8. Two CD Copies. BSK KKS )+' ,l HIGH COURT DATED:1710312025 .+.'1 !i .,,\ a k'!-' :c iO 31JUt zffi ORDER WP.No.3994 of 2025 * {)c .(. Pn, C DISPOSING OF THE WRIT PETITION WITHOUT COSTS (o{e} $ %i6€

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