IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No.148 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 12.12.2000 in Writ Petition No.24243 of 1998 on the file of the High Court.) Between: 1) A.P. Para Medical Employees Association (with Registration No.193/69, District Medak at Sangareddy, Represented by its President, A. Vittalaiah). 2) K. Sanjeeva Reddy 3) Dr. Mrs. Nushat Jeelani 4) V. Nageswar 5) Sultan Ali Khan 6) P. Ratnaiah 7) R. Vasundhara 8) B. Neelaveni 9) K. Laxmi Narayana 10) Md. Mahmood Ali 11) K. Prabhakar 12) P. Chennaiah 13) P. Gopal 14) Dr. T. Padmanabhan 15) D.B. Krishna Murthy 16) G. Bal Raj 17) N.M. Kamal Baig 18) Sattaiah 19) P. Krishna Sharma 20) Smt. Sangamani 21) Syed Jahangir Adil Hussain 22) M. Ashok 23) P. Devender 24) P. Vittal 25) Syed Ashique Ahme 26) Dr.Ram Rajesham …Appellants And 1) Directorate General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. 2) The Deputy Director General (Leprosy) Project Director, Directorate General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. 3) Director of Health, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 4) Additional Director, Leprosy, Directorate of Health, Sultan Bazar, Hyderabad. 5) State Leprosy Officer, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 6) District Leprosy Officer, Sangareddy, Medak District. 7) Lepron India, Vikrampuri, Hyderabad. 8) Medak District Leprosy Society (with Registration No.2797/88), Hqrs. at Sangareddy, Represented by its Member-Secretary (Dist. Leprosy Officer, Medak Dist.), Sangareddy, Medak District. ...Respondents Counsel for the appellant : Sri M. Rajamalla Reddy Counsel for respondent Nos.1 and 2 : Sri A. Rajasekhar Reddy, Asst. Solicitor General. Counsel for respondent Nos.3 to 6 and 8: Government Pleader for Medical Health and Family Welfare Counsel for respondent No.7 : None The Court made the following : JUDGMENT: (Per Sri Anil R. Dave, C.J.) 1) Being aggrieved by an order dated 12th December, 2000 passed in Writ Petition No.24243 of 1998, this appeal has been filed by the original petitioners. 2) The petitioners are either Medical Practitioners or para medical staff, who were working under a scheme named, Leprosy Eradication Scheme (hereinafter referred to as “the Scheme”) sponsored by the Central Government. 3) As the amount payable under the Scheme to the petitioners was not paid to them, they had filed the afore-stated writ petition praying for a direction to the effect that they be paid the said amount by respondent No.1 namely, the Director General of Health Services, Ministry of Health and Family Welfare Department through the officers of the State Government. 4) The afore-stated petition was rejected by the learned Single Judge by virtue of the impugned order on the ground of maintainability. The learned Single Judge rejected the petition by observing that the petitioners being State Government employees, should have approached the Andhra Pradesh Administrative Tribunal instead of approaching this Court under the provisions of Article 226 of the Constitution of India. 5) Being aggrieved by the afore-stated order passed by the learned Single Judge, the original petitioners have approached this Court by filing the present writ appeal. 6) It has been submitted by the learned Advocate appearing for the appellants – original petitioners that it is true that the petitioners are employees of the State Government; however, as they were working under the Scheme sponsored by the Central Government, the amount was to be paid to them by the Central Government through the State Government. In the circumstances, according to the learned Advocate, it was not open to the appellants to approach the Andhra Pradesh Administrative Tribunal. 7) We have heard the learned Advocates and have perused the impugned order passed by the learned Single Judge. 8) We find substance in what has been submitted by the learned Advocate for the appellants. The Andhra Pradesh Administrative Tribunal would have jurisdiction to entertain cases pertaining to “service matters” of the government servants. In the instant case, the petitioners are State Government employees. They are not concerned with any of their service condition, but they have claimed some amount, which, according to them, is payable to them under the Scheme sponsored by the Central Government. 9) In view of the above fact, in our opinion, the appellants could not have approached the Andhra Pradesh Administrative Tribunal for ventilating their grievance because the amount payable to them under the Scheme does not pertain to their service condition. 10) For the afore-stated reason, we are of the view that the preliminary objection with regard to maintainability of the writ petition was not just and proper and, therefore, we quash and set aside the order passed by the learned Single Judge. The writ appeal is allowed with no order as to costs. The writ petition stands restored to file. The said petition shall be notified before the learned Single Judge taking up such cases for hearing. ANIL R. DAVE, C.J. 5th August, 2009 C.V. NAGARJUNA REDDY, J. ….REGISTRAR To 1) The Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 001. 2) The Deputy Director General (Leprosy) Project Director, Directorate General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 001. 3) The Director of Health, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 4) The Additional Director, Leprosy, Directorate of Health, Sultan Bazar, Hyderabad. 5) The State Leprosy Officer, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 6) The District Leprosy Officer, Sangareddy, Medak District. 7) Lepron India, Vikrampuri, Hyderabad. 8) Medak District Leprosy Society (with Registration No.2797/88), Hqrs. at Sangareddy, Represented by its Member-Secretary (Dist. Leprosy Officer, Medak Dist.), Sangareddy, Medak District. 9) One copy to Sri A. Rajasekhar Reddy, Asst. Solicitor General, High Court Buildings, Hyderabad (OPUC). 10)Two copies to the Govt. Pleader for Medical & Health, High Court Buildings, Hyderabad (OUT). 11)Two C.D. copies. ARS