THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 25455 of 2009 Dated: 11.02.2010 Between: Dr.B.Ananda Rao … Petitioner And The Chief General Manager (IR), A.P.GENCO, Hyderabad and 5 others. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI Writ Petition No. 25455 of 2009 O R D E R : This writ petition is filed seeking a declaration that the alleged action of respondents 1 to 5 in not allowing the petitioner to work as Resident Medical Officer and also not allowing him to participate in the Governing Body Committee meetings of A.P.GENCO dispensary at Srisailam Dam West, Mahabubnagar is arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material available on record including the counter affidavits filed on behalf of respondents 1 to 5 as well as respondent No.6. The material available on record shows that the A.P.GENCO entered into a Memorandum of Understanding with private agencies to maintain dispensaries at four Hydro Projects. One of such Memorandum of Understanding was entered into with one M/s.Nagarjuna Hospitals, Vijayawada for the purpose of maintaining a dispensary at Srisailam initially for the period from 01.10.2008 to 30.09.2009, which was subsequently extended up to 30.09.2011. By virtue of another Memorandum of Understanding dated 07.01.2009 entered into between the said M/s.Nagarjuna Hospitals Limited, and the 6th respondent, the 6th respondent herein has been maintaining the dispensary at Srisailam Dam West as a sub contractor. It is not in dispute that the petitioner was initially appointed by one M/s.Yashoda Hospitals, which was the earlier contracting agency and was posted at Srisailam Project with effect from 01.10.2005. Though the period of contract of M/s. Yashoda Hospitals had expired, the petitioner was continued in service with the 6th respondent in whose favour the contract was entered into by M/s.Nagarjuna Hospitals Limited. It is also clear from the material placed before this Court that the 6th respondent by letter dated 25.10.2009 terminated the services of the petitioner with effect from 26.10.2009 stating that they did not require the services of the petitioner and he was relieved from the duties. It is to be noticed that the Governing Body of the A.P.GENCO dispensary SLBHES Srisailam Dam West was constituted vide orders of the 2nd respondent dated 02.03.2009 and the Medical Officer posted at Srisailam Project was also one of the members of such Governing Body. As long as the petitioner worked as Medical Officer at Srisailam Dam West dispensary, he was continued as a member of the Governing Body Committee. However, pursuant to the order dated 25.10.2009 passed by the 6th respondent, permitting the petitioner’s services as a Medical Officer with effect from 26.10.2009, automatically he ceased to be a member of the Governing Body Committee. The fact that the services of the petitioner were terminated by the 6th respondent with effect from 26.10.2009 could not be disputed by the petitioner. It is apparent that the petitioner was never an employee of A.P.GENCO and as long as he was in the employment of the 6th respondent as a Medical Officer, he continued as a member of the Governing Body Committee of the A.P.GENCO and he ceased to be a Member as soon as he was relieved from his duties of Medical Officer consequent to his termination from service. The petitioner cannot claim any independent right to continue as the member of the Governing Body Committee of A.P.GENCO dispensary and therefore, the present writ petition filed on an assumption that he acquired a legal right to continue as a member of the Governing Body Committee is misconceived and devoid of merit. Accordingly, the Writ Petition is dismissed. No costs. _____________ G. ROHINI, J. Date: 11.02.2010 KLP