IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 17810 of 2004 Between: M/s. Ram Singh Mool Singh, Diet Contractor, Area Hospital, Bodan, Rep. by its Proprietor N. Prakash, S/o. Ram Singh, Age 45 Years, 5-11-260, Pragathi Nagar, Nizamabad. ..... PETITIONER AND 1 The Principal Secretary, Medical and Family Welfare (CI) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner, A.P. Vaidya Vidhana Parishad, Sultan Bazar, Hyderabad. 3 The District Coordinator of Hospital Services, Nizamabad. 4 The Medical Superintendent, Area Hospital, Bodan, Nizamabad. .....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 order or orders, direction or directions, Writ or Writs, particularly one in the nature of "WRIT OF MANDAMUS" and declare the action of the respondents in not paying the enhanced diet charges as per the G.O.Ms.No.255, Health, Medical and Family Welfare (C1) department dt. 20-6-2003 is as illegal, arbitrary and against the law laid down by Divisional Bench of this Hon'ble Court in W.A.No.280 of 2000 and batch and consequently direct the respondents to pay the enhanced diet charges as per G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department dt. 20-6- 2003 w.e.f. from 20-6-2003 Counsel for the Petitioner:MR.G.BUCHAIAH GOUD Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for Respondent Nos.2 to 4:Mr.K.L.N.SWAMY The Court at the stage of admission made the following : ORDER: Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondent No.1 and Mr.K.L.N.Swamy, Standing Counsel for A.P.Vaidya Vidhana Parishad, for respondents 2 to 4. Counsel appearing on either side have agreed for disposal of the writ petition at the stage of admission. The petitioner is a diet contractor supplying food to the patients in the hospital under the control of 2nd respondent. He is being paid Rs.10/- per head for supply of meal for general patients and Rs.15/- for T.B. patients in pursuance of the orders of the Government in G.O.Ms.No.257, dated 31-05-1995. Subsequently, due to hike in prices, the petitioner made a representation to the Government and the Government issued G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department, dated 20-06-2003, for enhancing the rate of the meal of the general inpatients from Rs.10/- to Rs.15/- and for T.B. patients from Rs.15/- to Rs.20/-. The G.O. came into force with immediate effect. The grievance of the petitioner is that the 2nd respondent is not paying enhanced rate for the metal that is being supplied to the patients as per the rates sanctioned under G.O.Ms.No.255. Therefore, he approached this Court seeking direction to the 2nd respondent to pay the enhanced rate for the meal that is being supplied to him. A Division Bench of this Court in W.A.No.280 of 2000 and batch, dated 19-07-2001, resolved the conflict by accepting the proposition that G.O.Ms.No.257 dated 31-05- 1995 came into effect from 01-04-1995 and the consequential escalation charges have to be paid to the writ petitioners-diet contractors. In the light of the circumstances explained by the petitioners, the 2nd respondent is directed to implement the G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department, dated 20-06-2003, if it is in force, and pay the enhanced rates within two months from the date of receipt of a copy of this order, extending the benefit of enhanced rate from the date of G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department, dated 20-06-2003, if necessary by addressing the Government for release of the necessary funds. The writ petition is accordingly disposed of. No costs. _______________ A.GOPAL REDDY,J Dated:04-10-2004 GJ To 1 The Principal Secretary, Medical and Family Welfare (CI) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner, A.P. Vaidya Vidhana Parishad, Sultan Bazar, Hyderabad. 3 The District Coordinator of Hospital Services, Nizamabad. 4 The Medical Superintendent, Area Hospital, Bodan, Nizamabad. 5 Two C.Cs. to the Government Pleader for Medial and Family Welfare, High Court of A.P., Hyderabad(OUT) 6 Two C.D. copies.