THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No. 23174 of 2010 ORDER: The present writ petition is filed to declare the action of the respondents in notifying the post of ANM only in the notification issued by the first respondent dated 03.09.2010 as illegal and arbitrary and consequently to set aside the said notification insofar as ANM post is concerned and to direct the respondents to continue the petitioner as ANM, Urban Health Centre, Yanadi Colony, Balaji Nagar, Ongole, Prakasam District by further directing the fourth respondent to pay the salary to the petitioner from the date of her initial appointment i.e., 23.10.2009. 2. The brief facts which are necessary for disposal of the writ petition may be stated as follows: The Government of Andhra Pradesh had taken a policy decision for providing primary health and extension services to the urban slums by establishing 192 Urban Health Centres, which are equivalent to the rural PHCs. A Committee has been constituted for implementation of the said scheme. The District Collector is the Chairman of the said Committee and the Municipal Commissioners of concerned municipalities are the members. The Committee so constituted has to approve the recruitment of the staff recruited by the Non Governmental Organization through the fourth respondent and the fourth respondent is the competent authority to pay the salaries to the employees appointed by the Non Governmental Organization. The petitioner has been appointed as ANM by Dr. P.V. Krishna Reddy Charitable Trust in Urban Health Centre, Balaji Nagar, Yanadi Colony, Ongole vide proceedings dated 23.10.2009 issued by the Managing Trustee of the said trust in obedience to the orders of the first respondent and the salaries would be paid by the fourth respondent. Though the petitioner has been appointed as ANM, her appointment has not been approved by the authorities concerned. Therefore, the Secretary of the Trust submitted representations on 10.11.2009 and 24.11.2009 before the fourth respondent requesting to approve the appointment of the petitioner and to release the funds to pay her salaries. But, the said representations are still pending before the fourth respondent and the petitioner has not been paid salary since the date of her appointment. Due to the unblemished services rendered by the said Trust right from the date of inception, the concerned authorities allotted ‘A’ Grade but now respondent No.4 along with concerned authorities have misrepresented the facts before the first respondent and made the authorities to allot ‘C’ Grade and recommended for entrusting the said Trust to Indian Red Cross Society, Prakasam District branch through the first respondent. While the appointment approval of the petitioner is pending for consideration, the Trust has been entrusted to Indian Red Cross Society, which, in turn got issued the notification for filling up of the post of ANM only in which the petitioner is continuing. The other employees including one ANM working along with the petitioner are being continued and they are receiving their salaries regularly. 3. A detailed counter affidavit has been filed by the respondent No.4 stating that the Commissioner of Family Welfare, Andhra Pradesh, Hyderabad had issued certain instructions dated 16.09.2009 to carry out validation of Non Governmental Organizations of Urban Health Centres. Under the said instructions, the Non Governmental Organizations which secured ‘C’ grade during the course of validation have to be changed and new Non Governmental Organizations with good track record are to be appointed. It is submitted that during validation, Dr. P.V. Krishna Reddy Charitable Trust got ‘C’ Grade and the District Collector, Ongole issued order to entrust the organization to Indian Red Cross Society, Prakasam. This had happened in the month of May, 2010. Having full knowledge of the above facts, proceedings have been issued appointing the petitioner as ANM in the Urban Health Centre by the Managing Trustee of Dr. P.V. Krishna Reddy Charitable Trust, who is not competent to appoint the petitioner as ANM on behalf of the Charitable Trust. Hence, it is not correct to state that the first respondent is not competent to give notification to fill up the vacancy of the post of ANM, since the proceedings issued by Dr. P.V. Krishna Reddy Charitable Trust appointing the petitioner as ANM are null and void as the petitioner herself is admitting that Dr. P.V. Krishna Reddy Charitable Trust has been entrusted to the Red Cross Society. The Commissioner of Family Welfare, Andhra Pradesh, Hyderabad vide proceedings dated 07.02.2009 issued directions stating that the District Committee alone is competent to appoint the staff by issuing paper notification to be given in District Supplement and by giving priority for local candidates and on merit. Therefore, it may not be appropriate for the petitioner to claim salary since the very appointment is irregular and against the rules. 4. Learned counsel for the petitioner contended that as per the D.O. Letter No.10366/RCH-C/USP/98 dated 12.04.2000, the Non Governmental Organization shall recruit the persons including two ANMs and one Medical Officer and the District Level Committee shall give final approval of the selection of the staff recruited by the Non Governmental Organization and hence, issuance of notification is bad in law. 5. On the other hand, learned Assistant Government Pleader contended that the selection process of the Non Governmental Organization with regard to the recruitment of one ANM has not been approved by the District Level Committee and therefore, the question of payment of salary does not arise; that though the petitioner was selected by the Non Governmental Organization, the fact remains that her appointment was not approved as on today by the District Level Committee. 6. In the counter affidavit it is categorically stated by respondent No.4 that on the earlier occasion, the petitioner filed W.P.No.22589 of 2010 but that writ petition was dismissed leaving it open to the petitioner to get the approval of her appointment by the Committee. But the Committee could not do so in view of the fact that procedure laid down has not been followed and the Committee is not competent to approve irregular appointments or to rectify it in any manner. Therefore, Non Governmental Organization has not followed the procedure in appointing the petitioner in accordance with the rules and regulations. The District Level Committee has not appointed the petitioner. So long as the appointment of the petitioner in the post of ANM is approved by the District Level Committee, the question of payment of salary to the petitioner does not arise. 7. According to the learned counsel for the petitioner proposals are pending before the fourth respondent and the fourth respondent has to place the matter before the District Level Committee. Therefore, the fourth respondent is directed to forward the proposals to the District Level Committee within two weeks from the date of receipt of a copy of this order and the District Level Committee shall, after taking appropriate decision in accordance with law, pass necessary orders within a period of four weeks from the date of receipt of the proposals that may be sent by the fourth respondent to it and communicate the order to the petitioner thereafter. 8. The writ petition is accordingly disposed of. No costs. K.C.BHANU,J Dt. 17.06.2011 lvl THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No. 23174 of 2010 Dt. 17.06.2011