IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18568 of 2008 Between: 1 The Superintendent of ESI Hospital, Sirpur Kagaznagar, Adilabad District. 2 The Director of Insurance Medical Services, A.P., Hyderabad. ..... PETITIONER(S) AND 1 R. Sridhar, Qr.No.18, ESI Colony, Sirpurkagaznagar, Adilabad District. 2 Kawarpal, Watchman, ESI Hospital, Sirpur Kagaznagar, Adilabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with order dated 06.02.08 in O.A.No.11411/2002 with M.A.No.684/2004 on the ﬁle of the Hon'ble A.P. Administrative Tribunal, Hyderabad and to quash or set-aside the same by holding as erroneous and contrary to law and pass Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.18568 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 06-02-2008 in O.A.No.11411 of 2002 with M.A.No.684 of 2004 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The relevant details may be narrated thus: First respondent–applicant ﬁled the above O.A. challenging the proceedings dated 02-12-2002 terminating his services and appointing second respondent herein as Watchman in his place. The case of the applicant was that he had been working as Watchman in E.S.I. Hospital, Sirpur-Kagaznagar, on temporary basis and continued as such for more than 11 months and suddenly, the ﬁrst petitioner vide Memo dated 02- 12-2002 terminated his services. The Tribunal after considering the rival contentions, set aside the proceedings dated 02-12-2002 and consequently ordered the service beneﬁts to be given to the applicant. Aggrieved thereby, the present writ petition is ﬁled. The main contention of the petitioners is that the appointment of ﬁrst respondent herein is illegal and the disciplinary proceedings have been initiated against the then Medical Superintendent, Dr. B.Laxman Rao, who had appointed the first respondent. 3. Heard learned Government Pleader and perused the record. Learned Government Pleader contended that the respondent – applicant had been appointed purely on temporary basis and at no point of time, his services were regularised. 4. Admittedly, the ﬁrst respondent – applicant had been appointed as Watchman and discharged the duties for more than 11 months, without any objection, and that no notice or opportunity was given to him before termination order was passed. Thus, there is violation of principles of natural justice, as rightly observed by the Tribunal. In fact, it was brought to the notice of the Tribunal that there is an existing post of Sweeper in the Hospital and the applicant was willing to join the post in case he was appointed. The Tribunal had directed the oﬃcials concerned to consider the said claim of the applicant. Having regard to the facts and circumstances, we do not ﬁnd any inﬁrmity, legal or otherwise, in the impugned order and as such, the writ petition is liable to be dismissed. 5. Accordingly, the writ petition is dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 27-08-2008 Bsc