IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23349 of 2008 Between: N. Syamsunder S/o. N. L. Narsimha Rao, General Secretary, A.P. Public Health & Medical Employees' Union (Regd.No.3194) Recognised by the Govt. A.P. R/o. NO.118, New MLA Quarters, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary Medical & Helath Department, Secretariat Buildings, Hyderabad. 2 The Director of Health, Government of Andhra Pradesh A.P. Vaidya Vidhan Parishad Campus, Sultan Bazar, Koti, Hyderabad. 3 B. Venkateshwar Reddy S/o. Chenna Kesava Reddy Malaria Sub-unit Office Sub-Unit II, King Koti Hospital premises, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the proceedings of the 2nd Respondent in his Rc.No.6406/E.102B/2007 dated 12-09-2008 as being arbitrary, illegal and violative of Article 14 of the Constitution of India apart from being violative of principles of natural justice and also in contravention to the common orders passed by this Hon'ble High Court dated 07-08-2008 in W.P.No.11774/2008 and 10906/2008 as well as interim orders passed in I.A.No.198/2008 in O.S.No.1593 / 2008 by the X Junior civil judge, City Civil Court, Hyderabad which have become absolute and consequently direct the 2nd respondent to recognize the Petitioner as the General Secretary of the Union and issue such other Writ or order or directions as deemed ﬁt and proper in the circumstances of case. Counsel for the Petitioner: MR.CH.SAMSON BABU Counsel for the Respondent Nos.1&2: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by N.Syamsundar assailing the proceedings vide Rc.No.6406/E.102B/2007 dated 12.09.2008 issued by the Director of Health, Government of Andhra Pradesh, A.P.Vaidya Vidhan Parishad Campus, Hyderabad-2nd respondent. 2. Brief facts of the case leading to ﬁling of this writ petition by N.Syamsunder claiming to be the General Secretary of A.P.Public Health and Medical Employees’ Union, Hyderabad (Registration No.3194) are:- The elections to A.P. Public Health and Medical Employees Union were held on 25.11.2007. B.Venkateswar Reddy-3rd respondent was elected as General Secretary and G.Sanjeev Reddy, M.P. (Rajya Sabha) was elected as President of A.P. Public Health and Medical Employees Union. The details of the other oﬃce bearers are not required to be mentioned, since their election is not in controversy. After the declaration of results of the election, a communication was sent by G.Mohan Reddy, Election Oﬃcer, through letter dated 25.11.2007 to the oﬃce of the Director of Health, A.P. Hyderabad. There upon, the Director of Health, A.P. Hyderabad, issued proceedings in Rc.No.6406/E-10.B/2008 dated 03.05.2008 intimating the receipt of communication from the Election Oﬃcer, APPH and MEU (3194) and Vice President A.P. State INTUC with regard to election of Sri G.Sanjeev Reddy, MP (Rajya Sabha) as President and Sri B.Venkateswara Reddy, as General Secretary of APPH and MEU (Regd.No.3194) in the election held on 25.11.2007. Some developments took place between 25.11.2007 and 03.05.2008 with regard to the post of General Secretary of A.P. Public Health and Medical Employees Union and a suit came to be instituted by Y.Mohan Rao, a defeated candidate, on the ﬁle of the V Junior Civil Judge, City Civil Court, Hyderabad, seeking declaration that the election held on 25.11.2007 for A.P. Public Health and Medical Employees Union as null and void. The said Y.Mohan Rao failed to secure any interim orders. The oﬃce of the Director of Health, A.P. Hyderabad issued memo dated 09.05.2008 vide Rc.No.6406/E10.B/2008 withdrawing the proceedings dated 03.05.2008. The text of the proceedings dated 09.05.2008 reads as hereunder. “With reference to the subject cited, all the Regional Director of Medical and Health Services & District Medical & Health Oﬃcers in the State are informed, not to entertain both the parties of the above union, till the disposal of the suit by the Hon’ble V Senior Civil Court, as per the I.D. Act of Trade Unions. They are further informed that the order issued by this oﬃce vide reference 1st cited are hereby cancelled till further orders. This has got the approval of Director of Health, Andhra Pradesh, Hyderabad.” Assailing the memo dated 09.05.2008, B.Venkateswar Reddy ﬁled W.P.No.10906 of 2008. N.Syamsunder, who is the petitioner herein, ﬁled W.P.No.11774 of 2008 seeking a writ of Mandamus declaring the action of the Director of Health Government of Andhra Pradesh, A.P. Vaidya Vidhan Bhavan, in not recognizing him as the General Secretary of the Andhra Pradesh Public Health & Medical Employees’ Union as per resolution of the General Body dated 20.01.2008. It is his claim that the General Body of the Union, by resolution dated 20.01.2008 removed B.Venkateswar Reddy from the post of General Secretary of the union and in his place he has been co- opted as General Secretary of the union. N. Syamsunder, the petitioner herein, ﬁled O.S.No.1593 of 2008 on the ﬁle of X Junior Civil Judge, City Civil Court, Hyderabad and obtained injunction against B.Venkateswar Reddy-3rd respondent, restraining him from interfering with the activities of the Union. He also secured interim injunction in I.A.No.198 of 2008 on 19.06.2008. That interim order also came to be made absolute. Thereafter, B.Venkateswar Reddy-3rd respondent, stated to have ﬁled application to set aside the ex parte order passed in I.A.No.198 of 2008. The said two writ petitions, one ﬁled by B.Venkateswar Reddy-3rd respondent and the other ﬁled by the petitioner herein came to be disposed of by this Court vide a Common Order dated 07.08.2008. The relevant portion of the common order dated 07.08.2008 reads as hereunder: “There is a serious dispute with regard to conducting of General Body meeting on 20.01.2008. It is the contention of the second respondent that the General Body was convened on 20.01.2008 wherein the writ petitioner came to be unseated and in his place he was co-opted. There is a civil suit pending between the parties wherein the question of co-option of the second respondent is required to be examined. Evidence is required to be adduced with regard to the holding of General Body and removal of the writ petitioner from the post of General Secretary. In the given facts and circumstances of the case, it would suﬃce to say that the Director of Health has to give due recognition to the orders passed by the civil Court since the election of the second respondent and removal of the writ petitioner is the subject matter of the suit. The Director of Health, A.P. Hyderabad has to revise the proceedings with regard to recognition of the General Secretary of the Union as and when dispute between the parties set at rest by the civil Court.” The Director of Health, Government of Andhra Pradesh, A.P.Vaidya /Vidhan Parishad Campus, Hyderabad-2 nd respondent as per the common order passed by this Court on 07.08.2008 in W.P.Nos.11774 and 10906 of 2008, proceeded to issue proceedings in Rc.No.6406/E.10B/2007, dated 12.09.2008, whereby and whereunder the proceedings issued vide Lr.No.6408/E.10B/2008, dated 09.05.2008, have been restored. For better appreciation, I may refer the relevant portion of the proceedings, which reads as hereunder: “The Hon’ble High Court while disposing the said writ petitions has clearly expressed doubt regarding conduction of general body on 20.01.2008 and also in respect of co-option of Sri N.Shyam Sunder as General Secretary and further observed that it required to adduce evidence in the Civil Suit with regard to holding of General body and removal Sri V.Venkateswara Reddy from the post of General Secretary and ﬁnally directed the Director of Health to revise the proceedings with regard to recognition of the General Secretary to the Union as and when dispute between the parties was ﬁnally disposed oﬀ by the Hon’ble Civil Court. The Interim orders passed by Hon’ble High Court is merged in the ﬁnal orders Dt.07.08.08, the proceedings Dt.09.05.08 has not set a side and the matter has been remanded to the Director of Health to revise the proceedings with regard to recognition of the General Secretary of the Union as and when dispute between the parties was ﬁnally disposed off by the Hon’ble Civil Court. Pursuant to the Hon’ble Court orders Dt.07.08.2008 both the parties i.e., Sri N.Shyam Sudner and Sri M.Narasimha Reddy have made their representations Dt.14.08.2008 and 18.08.08 respectively, requesting for recognition, and, it causing much inconvenience to the administration with the claims and counter claims. Therefore, the Director of Health, A.P., Hyderabad has taken a decision to give recognition to the oﬃce bearers only after ﬁnal disposal of the Civil Suits ﬁled by both the parties, till such time the proceedings issued vide Lr.Rc.No.6406/E10B/2007, Dt.09.05.08 will stands good.” 3. When the writ petition came up for admission on 24.10.2008, notice before admission came to be ordered. The petitioner has been permitted to taken out notice to B.Venkathswar Reddy-3rd respondent by registered post with acknowledgement due and ﬁle proof of service. 3rd respondent despite service of notice did not choose to enter appearance either in person or through a counsel. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Medical, Health and Family Welfare appearing for the respondents 1 and 2. 5. Learned counsel appearing for the petitioner submits that the interim order passed in I.A.No.198 of 2008 in O.S.No.1593 of 2008 on the ﬁle of X Junior Civil Judge, City Civil Court, Hyderabad, is in favour of the petitioner and therefore, the petitioner is to be recognized as General Secretary of the Andhra Pradesh Public Health and Medical Employees’ Union. 6. Common order, dated 07.08.2008, passed in W.P.Nos.11774 and 10906 of 2008 is crystal clear that the Director of Health, A.P., Hyderabad, has to revise the proceedings with regard to recognition of the General Secretary of the Union after the disputes between the parties are set at rest by the civil Court. Indisputably, the civil suit is still pending before the civil Court. Therefore, the Director of Health, Govt. of A.P., A.P.Vaidya Vidhan Parishad Cmapus, Hyderabad-2 nd respondent is justiﬁed in issuing the proceedings impugned in the writ petition. 7. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th November, 2008. Note: Issue C.C. within a week. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}