High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to call for the records from the respondents and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent, in spite of petitioner Trade Union was accorded recognition in pursuance of the orders passed by the 1st and 3d respondents, withdrawing the concession by GO Ms.No 30g, Health Medical and Family Welfare (H) Department, dated 01-11-2010 without giving any notice as per Section 9A of the lndustrial Disputes Act, withdrawing the customary concession on the basis of the representation made by the employees association, i.e., non-members of the Petitioner Trade union as illegal, uniust, contrary to law. arbitrary, discriminatory, in violation of Section 9A of the lndustrial Disputes Act 1947 and violative of Articles '14, 16 and 21 of the Constitution of lnd ia. t.A. NO 10F 2012(WPMP. NO: 45s27 0F 20121 Petition under Section 151 CPC praying that in the ctrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 4th respondent to give prioSity in posting orders on promotion through counseling method being conducted on 22-12-2012 or any other date as per GO tVls.No.273, H[M&FW (82) Dept., dated 21-06-'1999, without reference to the proceedings issued by the 2"d respondent in GO Ms No.308, Health Medical and Family welfare (H) Department. dated 01-11-2010" pending disposal of the writ Petition Counsel for the Petitioner: SRI A. K. JAYAPRAKASH RAO Counsel for the Respondent No.1: MS. VANI, REPRESENTING SRI KRISHNA SWAMY, AGP FOR LABOUR Counsel for the Respondent No.2: AGP FOR HEALTH' MEDICAL AND FAMILY WELFARE(H) DEPARTMENT The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL IVRIT PETITIO N No.39O29 oF 20L2 ORDER The present Writ Petition is filed seeking the following relief:

6....to call for the record.s Jrom the respond.ents and. l"*."- ln , aF propridte Writ, Ord.er ir Directiott, panticularlg one in the nature of Writ of Mandamus de_cla.ring that the a:ctior. of the 2"d respondent, in splte oJ Petltioner Ttade tlnion wo.s o.ccord.id. recognitioi in pursuance of the ord.ers pa_ssed. bg the li and. Jd respondents, uithdra ulng the concesslon bg G.O.Ms.No.3O8, Health Medicd.l and Familg Welfare (H) Department, dated. OI-II-2OLO utithout giviig ang notice as per Sectioz 94 oJ the Ind.ustrial Dispuies Act, with.drauing the qstomary concession on tie basis of the representdtion made bg the ernplogees association, i.e., non-members of the petitioner ,bad.e lrnion a.s illegal, unjust, contrq.ry to lq.w, qibitrary, d.iscriminatory, in violation of Section 94 of tie Indus'trlq.l Disputes Act l94Z qnd. violatiue of Alrticles 74, 76 and 27 oJ the Constitution of Indio., and grant all consegue ntial bene.fits.... "

2. Heard petitioner, Government No.1 and Government Ms.Vani, leamed counsel representing Mr.Krishna Swamy, learned Assistant Pleader for Labour representing respondent Ms.Swapna Madhuri, learned Assistant Pleader for Health, Medical arrd Family Welfare (H) Department representing respondent No.2. Perused the [io-rd. 2 EW'J w.P.No.ggo2g oJ 2012 '1 \

3. Learned counsel for the petitioner submits that the petitioner union is a recognized Trade Union operating in respondents Health Department and respondent No.2 issued G.O.Ms.No.273 dated 2I.06.7999 with regard to posting orders on promotion through counseling method to give priority in the order of seniority and respondents scrupulously following it.

4. Leaned counsel further submits that respondent No.3 issued G.O.Ms.No.3O8, Health Medical and Family Welfare (H) Department, dated 01-11-2010 by considering consent of employees association, without taking consent from the recognized petitioner Union withdrawn G.O.Ms.No.273 dated 21.06.1999.

5. Learned counsel further submits that the action of respondents in issuing G.O.Ms.No.308 by withdrawing G.O.Ms.No.273 amounts to chalge of service condition as per Section 9,{ of the Industrial Dispute Act, 1947 which is illega1, unjust, contrary to law and arbitrary. 3 EW,J W.P-No-39029 ol2012

6. learned counsel further submits that in pursuance to the impugned order issued by the 2.d respondent, the principal office bearers of the recognized petitioner Trade Union were being deprived of the concession in so far giving priorit5r in posting during the counseling for promotion, which is discriminatory in violation of Section 9,A of Industrial Disputes Act and violative of Articles 14, 16 and 21 of the Constitution of India, having no other alternate and eflicacious'remedy, the petitioner approached this Court by hling the present Writ petition seeking appropriate direction.

7. Opposing the same, learned Government pleader for Labour submits that first of all the petitioner Union would not fall within the ambit of workman, further submits that it is a prerogative of respondent No.2 either to extend the concession in terms of G.O.Ms.No.273, d,ated, 2l.06.lggg or not to the petitioner Union. Therefore, they cannot claim as a matter of right to give the concession. Further, the dehnition of workman within the Industrial Dispute Act, 1947 reads as follows: 4 EW,J W.P.No.39O29 oJ 2012 .{ Section 2 (s): "workman" means any person (including an apprentice) employed in aly industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes arry such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person 0 uho is subiect to tIrc Air Force Act, 1950 (45 of 1950), or tLrc Annu Act, 195O (46 of 195O), or the Naug Ac| 1957 (62 of 1957); or (it) u.tho is emplotted in the police seruice or as on officer or other emplogee of o prison; or (iiil u.tho is emploqed moinlg in adminis t ratiu e cap acitg, o r a manogerial or (iu) u.tho, beinq emplotled in a superuisory capacity, dranus utaqes exceedinq one thousand six hundred rupees per mensem or exercises, either bu the naitre of the duties attached to the office or bu reason of the pou.ters uested in him, function s mainlg of o manageial nafile.

8. Learned Assistant Government Pleader for Labour further submits that without establishing their case that J., 4,

7.1 5 EVV,J w.P.No.39O29 ol2012 they fall within the ambit and Section 9(a) of l.D.Act, 1947 they cannot claim the concessions, hence, he seeks to dismiss the Writ Petition.

9. Learned Assistant Government pleader for Health, Medica-l and Family Welfare (H) Department representing respondent No.2 while sailing with learned Assistant Government Pleader for Labour representing respondent No.1, submits that before issuing G.O.Ms.No.3Og, dated 01.11.2010, a workshop was conducted with the principal Office Bearers of all employees, associations and unions to discuss all matters relating to the human resources management of the Health, Medical and Family Welfare Department on 7th August 2OlO, during that workshop, aII the participants unanimously resolved that associations while effecting transfers in accordarce with the Government instructions and no priority will be accorded while giving postings at the time of promotion to a higher post. Further, it was a_lso unanimously resolved that priority be accorded strictly in accordance with the roster (seniority and rule of reservation) while ordering postings of 6 EW,J W-P.No.39O29 oJ 20I2 the staff promoted at the time of counseling ald no preference be given to any other consideration, including being an office bearer of an association or union. Further, the Governm ent, alter careful examination of the matter, orders that priority be given to the principal office bearers of the recognized unions/associations of the employees of the Health, Medica.l and Family Welfare Department, while effecting transfers at the State, District and Taluk levels, other than on prom-otion to a higher post. Further, paragraph No.4 of the G.O.Ms.No.30g dated O1.Il.2OIO reads as follows: 4) It is submitted that before issuino the said G.O., as stated in the impuqned GO, a workshap utas cond.ucted. u,tith the POBs of all emplouees, associations and. unions to discuss all matters relatinq to the human resources manaqement of the Heolth, Medical and Familg Welfare Department on 7th August 2O1O. Duing this iorksi,'hop, all participants Luere unanimous bu resolued that a.ssociations uhile effectinq tra nsfers in accordance with the Gouernment instructions. Houteuer, no such pioittl be accorded uhile giuinq postinqs at the time o.f promotion to a hiqher post. It wos al.so unanimouslg resolued that pioitu be accorded strictly in accord.ance uith the roster (senioitu and tule of reseruation) u_thile ordeinq postings of the staff promoted. at the iime of counseling and no preference be giuen to arul other consideration, includinq beinq an office bearer of an association or union- The Crouemment, ofter carefuI examinati2n of the matter, herebu orders that prioriti:i'be ?.r::" tg the pincipal offtce bearers of the recognized. T)371":.i.i:tions of.-the emptoyees of tn iiitin, ttl<:cttcet and familg uelfare department, ihile effecting 1 t I 7 EW,J W.P.No.39O29 oJ 2O12 transfers at the state, dtstrtct and_ taluk leuels, otler than on promotion to a higher post.

5. In this contert, a utorkshop u_tas conducted uith the POBs of all emploqees' associations and_ union_s to discr-rss all matters relating to the human resources manaqement of the Health" Medical and Familu Welfare Department on Vn AuqusL 20 j0. Duinq thb utorksilnp, all participants raere unanimous that pioritg be accorded- for the Principal offtce bearers of recoqnized unions and assoclahons uhile effectinq tran s.fers in accordance uith the Gouernment in structions. Houteuer, no such prioitu be accorded ulhile qiuinq postinqs at tLLe time of promotion to a hiqher post. It tuas also unanimousht resolued that pioitu be accord_ed. stictlU in arcordance utith the roster (senioritltr and rute 9f reseruation) while ordering postitl:ts of the staff promoted at the time of counselinq and no preference be qiuen to aru1 other consideration including being an office bearer of an association or union. 6. The Gouernment, afl.er carel l examination of the matter, herebg' orders that pioity be giuen to the pincipal-offtce-bearers qf recoqnized unions/ associations of the emplol.lees of the iealttt medical and familg welfare department, u_thile effectirut transfers at the state, district and taluq leuels, other than on promotion to a hiqher post. Accordingly, the qouerrtment orders for the supersession of instructions issued in Gout Memo No.7132/Hl/2007-2 of HM&FW (H) Dept., dated:23.6.2007, 3992/Ht/2007-2 of HM&FW (H) Dept., dated: LS.4.2OO8 o.nd Memo No. O4/ peshi/ Secy (Health)/ 10 HM&FW Dept., d.ated.: 18.2.2010.

7. The Gouernment also orders that this prioitu, hou.teuer, u.till not be occord.ed the o-ffice bearers while effectinq transfers .follouinq promotion to a higher post duinq counseling for promotiorts. Accordinqlu, the Gouemment herebu deletes the Clause al para 4 (ii) @ o.f G.O.Ms.No.273 HM&FW (C2) Dept., dated: 21.6. j999 to maintain the spiit of Ctout Memos No.S41 GA (seruices Welfare) Dept., Dt:15.9.1994, 596 GA (Seruices Welfare) Dt:25.8.1995 and 122053 of SW.I/A2/2OO4_t Dept of GAD, dated 14.9.2004. 8 EW,J w.P.No-39O29 ol2012 '1

8. The Gouernment orders that the beneftt of pioitu for transfer be applied onlu to tlle ELected Pincipal Office Bearers of Unions and Associations recoqniz.ed bu the Gouentment at the State / Distict / Diuision/ TaLuq Lrcadquarters onQ4, when there is a clear uacancll at that partianlar location. Further, the gouemment orders that an office-bearer can auail the pioitu for transfers only tuithin a peiod of six Ltears of stou at a Jocal point. irrespectiue of their term as off.ce bearer. As such, the Writ Petition is misconceived. Hence, she seeks to dismiss the Writ Petition

10. Having heard respective learned counsel and on perusing both the G.Os., it has been specifled in the said order that the counseling procedure has been specified SO far as posting procedure for appointment of Civil Surgeon arrd promotion and nowhere i.e., either in G.O.Ms.273 dated 21.06.1999 or in G.O.Ms.No.3O8 dated O1.11.2010 reference has been made pertaining to the concessions given to the said employees or for that matter priority given to the Principal Ofhce Bearers of Unions ald Associations recognized by the Government of State/ District/ Division/Taluq Head Quarters only. Hence, this Court is of the opinion that this Writ Petition is misconceived and liable to be dismissed / / 9 EryJ W.P,No.39O29 of 2012 I l. With the above observation, the Writ petition is dismissed. Needless to mention that the petitioners are at liberty to approach respondents by hling appropriate application if the cause so survives. Miscellaneous petitions, pending if any, shall stard closed. //TRUE COPY// SD/. B.REKHA RANI ISTANT REGIST SECTION OFFICER One CC to Sri A. K. Jayaprakash Rao, Advocate I Two CCs to GP for Labour, High Court for the State of Telangana, at Hyderabad [OUT] Two CC to The GP for Health, I\iledical and Family, High Court for the State of Telangana, at Hyderabad[OUT] Two CD Copies UC] o To, 1 2 J 4 TJ TKS HIGH COURT DATED:2510412025 HE S t4 oR lrI IUE ilfr t' / t Dr -,i.y' ,.t/ ORDER WP.No.39029 of 2012 DISMISSING THE WRIT PETITION WITHOUT COSTS 13