IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 12180 of 2009 Between: T.Veerachary S/o. Late Sri T. Raghavachary, Integrated Disease Surveillance Project (IDSP) O/o. Director of Health, Koti, Hyderabad. ..... PETITIONER AND 1 The Principal Secretary to Government of Andhra Pradesh, Department of Medical Health and Family Welfare, Secretariat, Hyderabad. 2 The Director of Health and Vice Chairman of IDSP Sultan Bazar, Koti, Hyderabad. 3 The National Project Officer (IDSP) National Institute of Communicable Diseases, Shamnathmarg, New Delhi. 4 The State Surveillance Officer (IDSP) and Additional Director (CD), O/o. Director of Health, Sultan Bazar, Koti,. 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 will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents through the impugned memo No. 7024/AIDSP/2009 dt. 1- 6-2009 served on the petitioner on 10-6-2009 as illegal, arbitrary violative of principles of natural justice without notice and consequently direct the respondents to reinstate the petitioner as Financial Consultant in the Integrity Disease Surveillance Project under the 1st respondent with continuity of service. Counsel for the Petitioner: .A.RAGHU KUMAR Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court at the stage of admission made the following : O R D E R : The present Writ Petition has been instituted, questioning the validity of the order passed on 01.06.2009 by the State Surveillance Officer of Integrated Disease Surveillance Project (IDSP). Through the impugned order, the services of the writ petitioner as a Financial Consultant have been put to an end, on the ground that his services are no longer required in the project. At the outset, it should be noted that the writ petitioner retired from the service of the Government of Andhra Pradesh as a District Treasury Officer. Responding to a notification issued by the respondents, he preferred to be recruited as a Financial Consultant, on a monthly consolidated wages of Rs.10,000/-. Though the contract entered into discloses that the period of contract is one year and though the said period expired in June 2007 itself, the writ petitioner’s services have been continued for next two more years. Even according to the petitioner, this project is a World Bank Aided Project. There are certain restrictions on the amount that can be spent on the establishment. Hence, they preferred a Financial Consultant to be engaged on consolidated wages basis and they have, therefore, entered into a contract with the writ petitioner to serve for a period of one year. The fact that the services of the writ petitioner are continued by a further two- year period, will not create any right for him to insist that he should be continued in service. Projects of this nature are temporary in the sense, that no sooner the objective is achieved, they are liable to be wound up. The costs of the project are liable to be put under check and hence, the expenditure on the establishment costs is limited. The impugned order does not cast any stigma against the writ petitioner. Since the respondents, while executing the project, do not discharge any of the functions of the State, they will not become amenable for scrutiny in a proceeding under Article 226 of the Constitution of India. For these reasons, I do not find any justification for entertaining this Writ Petition and it is accordingly dismissed at the admission stage. No costs. __________________________________ (NOOTY RAMAMOHANA RAO, J) 23rd June, 2009. lmv/ksld THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.12180 of 2009 23-06-2009 lmv