THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24243 of 1998 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not paying incentives enumerated in Appendix-XI of the guidelines for Multi Drug Treatment in Epidemic Districts from January 1995 onwards to the members of the first petitioner association and petitioners 2 to 26 as arbitrary, illegal and contrary to the above guidelines and consequently direct the respondents to pay incentives as enumerated in the said Appendix-XI to the petitioners from January 1995 onwards. The members of the first petitioner association are staff of Government Leprosy Control Unit in Medak district who are 92 in number. The second petitioner is the member of first petitioner association and petitioners 3 to 26 are the medical personnel working in Medak district. According to the petitioners, the Government of India evolved a programmed called National Leprosy Eradication Programme (NLEP) in the year 1982 with the aim of eradication of Leprosy in India by the year 2000. For this purpose, it has introduced Multi Drug Therapy system to cure the disease. This scheme was introduced in phase wise in hyper-epidemic districts. In the year 1989, Government of India stared Multi Drug Therapy in Karimnagar and Medak districts in Andhra Pradesh. Certain Voluntary Organisations came forward to fund the programme for certain districts. One such Voluntary Organisation Lepra India, 7th respondent adopted Medak and Karimnagar districts for the purpose of providing Multi Drug Therapy and also for providing funds for the programme. Government of India implemented this programme by utilizing the services of employees working in the Medical and Health Departments of State Governments. According to the petitioners, as per Appendix-XI of Guidelines for Multi Drug Treatment in Epidemic districts issued by first respondent, they were sanctioned with an incentive of Rs.300/- under the scheme. According to the petitioners, they were paid incentives from January 1989 to December 1994, but they were not paid incentives from January 1995 to December 2000, though the scheme was continued till 2000. Hence this writ petition. A detailed counter affidavit has been filed on behalf of respondents denying the allegations made by the petitioners. It is stated that though the petitioners were paid incentives, but the same were stopped from January 1995 since there is no funding agency in Medak district. Wherever there are funding agencies in the districts, incentives were paid to the employees. The learned counsel for petitioners states that the National Leprosy Eradication Programme is a project funded by the Government of India i.e. respondents 1 and 2, and therefore, irrespective of whether there is a funding agency or not, petitioners are entitled for incentives for the services rendered by them from January 1995 to December 2000. There is no necessity of going into all the details. The fact that the petitioners were paid incentives from January 1989 to December 1994 is not in dispute. It is also not in dispute that the petitioners had worked in the Leprosy Eradication Programme from January 1995 to December 2000. Under those circumstances, the respondents ought not to have denied incentives as is being allowed in other districts as per Appendix-XI of Guidelines for Multi Drug Treatment in Epidemic districts issued by first respondent. The respondents have not categorically stated as to the reason for denial of incentives to the petitioners. Once the petitioners had worked under the Leprosy Eradication Programme, they are entitled for incentives as is being paid in other districts. Under those circumstances, the respondents 3 and 4 are directed to examine the matter recommending sanction of incentives as per the eligibility of petitioners for the period from January 1995 to December 2000 within a period of two months from the date of receipt of this order and sent the same to respondents 1 and 2. On receipt of such recommendations, the respondents 1 and 2 shall consider for release of funds, as per the eligibility of petitioners, within a period of two months thereafter. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 1.2.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24243 of 1998 1.2.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24243 of 1998 Date: 1st February, 2010 Between: A.P. Para Medical Employees Association, Sangareddy, represented by its President & others. .. Petitioners And Directorate General of Health Services, Ministry of Health and Family Welfare, New Delhi & others. .. Respondents