HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. BHAVANI PRASAD WRIT PETITION No. 10279 OF 2010 Between: P. Krishna Priya D/o P.G. Swamy aged about 39 years ..... PETITIONER AND The Joint Director of Insurance Medical Services, Gunadala, Vijayawada and three others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking a Writ of Certiorari calling for the records relating to orders dated 18.2.2010 passed in O.A.No. 12628 of 2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as arbitrary and further declare that the notification dated 7.11.2009 issued for recruitment to the post of Auxiliary Midwife Nurse (ANM) in the ESI Dispensary, East Godavari District and reserving the same for BC women is illegal and arbitrary and consequently direct the respondents to regularize the services of the petitioner as ANM with all consequential benefits. Brief facts of the case are that the petitioner herein was appointed as Auxiliary Midwife Nurse (ANM) on 30.6.2005 on contract basis after due process of selection in the ESI Dispensary, East Godavari District and the period of contract is extended from time to time up to 8.6.2010 vide orders of the Joint Director of Insurance Medical Services, Gunadala, Vijayawada-first respondent herein. While so, it is stated that the first respondent issued a notification for recruitment to the post of ANM on regular basis meant for BC- A women category in the ESI dispensary, East Godavari District vide notification dated 7.11.2009. It is also stated that the vacancy where the petitioner is working is OC (women) vacancy but unfortunately the said vacancy is notified as BC-A (women) vacancy contrary to the earlier notification, therefore, the action of the respondents in notifying OC (women) vacancy as BC-A (women) vacancy is highly illegal and arbitrary. It is further stated that the petitioner made a representation for regularization of her services in the category of ANM on 10.11.2009 to the District Collector and who has forwarded the same to the District Medical and Health Officer and who in turn forwarded the same to 1st respondent on 20.11.2009 which is still pending for consideration. Hence, the petitioner preferred O.A No. 12628 of 2009 and the Tribunal dismissed the O.A holding that the post does not belong to OC women. Aggrieved by the same, this Writ Petition has been filed. The learned counsel appearing for the petitioner submitted that the petitioner belongs to very poor family and she is the sole breadwinner of her entire family, which consists of her aged parents and two unmarried grown up younger sisters. Therefore, if her services are not regularized, the entire family will suffer irreparable loss and injury and they will not be having any means of livelihood. On the other hand the learned Government Pleader for Services-I submits that the Tribunal has rightly directed the respondents to continue the applicant on contract basis till the contract period subsists and therefore, there are no grounds to interfere with the order. We have heard the learned counsel appearing for both sides and perused the material made available on record. As seen from the record, the petitioner is working as Auxiliary Midwife Nurse (ANM) on contract basis and she is being continued on the same basis and the period of said contract is extending from time to time. The extension granted subsists till June 2010. Be that as it may, the vacancy now notified belongs to B.C (A) Women and the respondents have issued regular notification to fill up the said post and the roster maintained by the department is an authenticated document, therefore, the Tribunal rightly directed the respondents to continue the petitioner on contract basis till the contract period subsists viz., till the end of June, 2010. Hence, we see no grounds to interfere with the order passed by the Tribunal. Accordingly, the Writ Petition fails and the same is dismissed. However, as it is represented by the learned counsel appearing for the petitioner that the petitioner has crossed her age and she is unable to secure any employment elsewhere, it is made clear that this order does not preclude the petitioner from making any representation to the concerned authorities for seeking an appointment, if she is otherwise eligible as per rules. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. BHAVANI PRASAD ,J DATE: 31.05.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.