IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26267 of 2008 Between: Andhra Pradesh Public Health and Medical Employees Union, (Regd.No.3194),recognized by Government of AP having its office in the campus of AP Vaidya Vidhana Parishad,Koti,Hyderabad,rep.by its Joint General Secretary M.Satyanarayana Gowd,S/o.M.Sambaiah, aged about 49 years Resident of 8-1-80/3,Lakshminagar, Road,No.1,Karmanghat, ..... PETITIONER AND 1 The Director of Health ,Koti,Hyderabad 2 The Regional Director of Medical & Health Services Zone- IV,kadapa,Kadapa District 3 The Regional Director of Medical & Health Services Zone- I,Visakhapatnam, Visakhapatnam District 4 The REgional Director of Medical & Health Services Zone - II,Rajahmundry, East Godavari District 5 The REgional Director of Medical & Health Services Zone-III, Guntur,Guntur District 6 The Regional Director of Medical & Health Services Zone - V,Warangal, WArangal District 7 The Regional Director of Medical & Health Services Zone- IV,Hyderabad 8 The Government of Andhra Pradesh, rep.by its Principal Secretary,health Medical & Family Welfare Department secretariat Buildings,Hyderabad .....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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not permitting the elected first or second Vice President or first or second Joint General SEcretary in the place of the President and the General Secretary to represent the petitoner Union before the Respondent Authorityes as per the Bue-laws of the union is wholly illegal, arbitrary,and vioaltive of Articles, 14 and 16 of the Constitution of India and pas Counsel for the Petitioner:MR.RAVI KONDAVEETI Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26267 of 2008 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in not permitting the elected first or second Vide President or first or second Joint General Secretary in the place of the President and the General Secretary to represent the petitioner’s union before the respondent authorities as per Bye-laws of the Union as illegal and arbitrary. According to the petitioner, in the elections conducted on 25-11- 2007 for the posts of Union President, General Secretary and 85 office bearers throughout the State, the entire executive body consisting of President, General Secretary and 85 office bearers were elected. The General Body meeting of the Union was also convened on 25-12-2007 under the Chairmanship of Vice President. Thereafter, there arose a dispute between the elected President, elected Secretary and the defeated candidates and a suit being O.S.No.1593 of 2008 was instituted. When the elected President and the Secretary approached this court and filed W.P.No.10906 of 2008 and W.P.No.11774 of 2008 respectively, this court disposed of the said writ petitions on 07-08-2008. However, as the respondents are not recognizing the other office bearers other than the President and the Secretary, the petitioner’s Union approached this court and filed the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader. A perusal of the order of this court, dated 07-08-2008, in W.P.No.10906 of 2008 and W.P.No.11774 of 2008, filed by the elected President and Secretary clearly reveals that the said order is reflected to those posts only. It may be relevant to extract the operative portion of the order made in W.P.Nos.10906 and 11774 of 2008, dated 07-08-2008, which reads as follows:- “……… 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 2nd 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.” It is true that a suit being O.S.No.1593 of 2008 was instituted and the dispute in that suit in my considered view is with regard to the posts of President and Secretary alone and the order of this court, dated 07-08- 2008, also clearly reveals that revised proceedings, with regard to recognition of the said posts, have to be issued as and when dispute between the parties set at rest by the civil court. It does not mean that the other elected office bearers of the petitioner’s union shall not be recognized, as the other office bearers of the petitioner’s union are duly elected, and there is no dispute with regard to the election of the said office bearers. Therefore, this court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to permit the elected first or second Vice President or first or second Joint General Secretary in the place of the President and the General Secretary to represent the petitioner’s Union before the respondent authorities as per the bye-laws of the Union. Accordingly, the writ petition is disposed of directing the 1st respondent to permit the elected first or second Vice President or first or second Joint General Secretary in the place of the President and the General Secretary to represent the petitioner’s Union before the respondent authorities as per the bye-laws of the Union. There shall be no order as to costs. ___________ 16-12-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}