IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FOURTH DAY OF DECEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.3282 of 1998 Between: Sri Venkateswara Medical College and Hostel Employees Union, reptd., by its Secretary-Sri V.Subrahmanyam, S/o. Venkatesh Reddy, 48 yrs, Head Cook, 1-6-705, Indira Nagar, Tirupathi. … Petitioner And The Government of Andhra Pradesh, Reptd., by its Secretary, Health, Medical and Family Welfare Department and six others. … Respondents Counsel for the petitioners: Sri S.Sreenivasa Sarma. Counsel for the respondents: GP for Medical, Health & Family Welfare for R.1 to R.3. None for R.4 to R.7. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct respondents 1 to 3 to regularize the services of the members of the petitioner-Union with effect from 1985 in the Men and Women’s Hostel of Tirupati University with all consequential benefits. Heard Sri S.Srinivasa Sarma, learned counsel for the petitioner, and the learned Government Pleader for Health, Medical and Family Welfare for respondents 1 to 3. The petitioner, which seeks to espouse the cause of about 40 workmen, seeks regularization of the services of its members on the plea that they have been working since 1985. A perusal of the proceedings sheet shows that much exercise was undertaken by this Court on earlier occasions to find out some solution to the vexed problem of the members of the petitioner-Union. In that process, the Principal Secretary to Government, Health, Medical and Family Welfare Department was asked to initiate some steps to rationalize the working of the hostels. The Principal Secretary filed an affidavit in this Court, wherein it is stated that the Director of Medical Education has convened a meeting on 3-7-2007 with the Chief Wardens and Wardens of all Medical Colleges working under his control, wherein the following suggestions were made: “1.There should be a semi Government control in running of Hostels in all the Medical Colleges in A.P. 2.There should be appointment of certain staff from the Government in all the hostels for smooth functioning of the hostel administration. 1. Administrative officer- 1 2. Junior Assistants - 2 3. Attender- 1 4. Sweepers- 6 5. Watchman/Security- 6 3.There should be separate budget allocation for maintenance of the hostels for buildings and others. 4.The water, electricity charges for the hostels should be borne by the Government with separate meter provisions at domestic rates. 5.All the infrastructure requirement like Cots, Tables, Chairs, Mattresses should be provided by the Government. 6.Other requirements like Gym, Reading Room, Library will be provided by the Government. 7.Canteen deposit to be collected at the time of joining with refundable and nonrefundable component for both under graduates and postgraduates hostels. 8.The mess will be run with an appointment of mess contractor by the warden and the hostel committee comprising of the inmates to run the mess, the mess contractor in turn appoint workers to run the mess and look after the functions, mess contractor is responsible for payment of basic minimum charges and EPF, ESI as per labour laws. The mess contractor will entering into contract with warden and hostel committee. The mess expenditure will be borne by the inmates. 9.An honorarium is to be paid to wardens and deputy wardens from the establishment charges collected from the students. 10.Transportation to be provided by the college for the transportation of the students from hostels to college, hospitals and back”. It is also stated that the suggestions referred to above were submitted to the Government on 16-7-2007 and the Government is expected to take appropriate decision after due examination in consultation with the Finance Department. At the hearing, learned counsel for the petitioner fairly submitted that though the members of the petitioner-Union have been working for the last several years in the Men and Women’s Hostels of the S.V.Medical College, they are being paid by the students, who are running the mess. Going by this submission, this Court cannot issue a Writ to the students, who are in the management of the Hostels and under whose control the members of the petitioner- Union were engaged. The learned Government Pleader submitted that the members of the petitioner-Union are no longer working as they were disengaged many years back. Learned counsel for the petitioner is unable to controvert this contention. He, however, submitted that in view of the stand taken in the affidavit of the Principal Secretary, referred to above, the Court may at least direct (1) the Government to take a final decision on the suggestions made by the Committee headed by the Director of Medical Education; and (2) respondents 1 to 3 to consider the cases of the members of the petitioner-Union sympathetically in filling up of the posts, which may be sanctioned in future. I find this request of the learned counsel reasonable. Irrespective of the management under which the members of the petitioner-Union may have been working, the fact remains that they were engaged for substantially long time. In a Welfare State a person, who is engaged for substantially long periods, has some legitimate expectation that his claim may be considered for future employment purpose. Having taken into consideration the hard realities qua the members of the petitioner-Union, the Writ Petition is disposed of with the following directions: (1) Respondent No.1 is directed to take a decision on the suggestions made in the meeting dated 3-7-2007 of the Director of Medical Education with Chief Wardens and Wardens of Medical Colleges working under his control within two months; (2) In the event the suggestions are accepted and the posts as suggested in the meeting convened by the Director of Medical Education are sanctioned for the Men and Women’s Hostels of S.V.Medical College, the claims of the members of the petitioner-Union shall be considered; and (3) If they fulfill the eligibility criteria they may be appointed, if necessary, by relaxing the age qualifications. ---------------------------------- -- C.V.NAGARJUNA REDDY,J Date:04-12-2008 MNR