THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23116 of 2006 ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in not paying the enhanced diet charges as per G.O.Ms.NO.255, Health, Medical and Family Welfare (C1) Department, dated 20.06.2003, to the petitioner as illegal, arbitrary and against the law laid down by the Division Bench of this Court in the judgment dated 19.07.2001 passed in W.A.No.280 of 2000 and batch, and consequently to direct the respondents to pay the enhanced diet charges to the petitioner as per the above G.O.. The petitioner claims to be the contractor for supply of diet to the inpatients and Medical Officers in the Area Hospital, Suryapet, Nalgonda District. The said hospital is under the control of the second respondent. Originally, the rates for supply of diet were fixed in the year 1983. However, due to hike in the prices of the essential commodities, basing on the representation of the contractors and recommendations of the second respondent, the first respondent issued G.O.Ms.No.257 dated 31.05.1995 enhancing the diet charges from Rs.5/- to Rs.10/- per day for the general patient with effect from 01.04.1995. It is further stated that after issuance of G.O.Ms.No.257 dated 31.05.1995, the second respondent issued a circular dated 01.01.1996 fixing a different date than the date fixed in the said G.O. The aggrieved contractors approached this Court by filing W.P.No.9359 of 1997 and batch and this Court quashed the said circular. Aggrieved by the same, the second respondent preferred W.A.No.280 of 2000 and batch and the Division Bench of this Court confirmed the judgment of the learned single Judge. Thereafter, the first respondent issued G.O.Ms.No.255 dated 20.06.2003, enhancing the diet charges from Rs.10/- to Rs.15/- in respect of general patients and from Rs.15/- to Rs.20/- in respect of T.B. patients. It is stated that though the enhanced diet charges are applicable to the hospitals under the control of the second respondent, the petitioner is not being paid the enhanced diet charges. It is also stated that when G.O.Ms.No.255 dated 20.06.2003 was not implemented, the aggrieved contractors approached this Court by filing W.P.No.15124 of 2004 and batch and this Court while disposing of the said writ petition directed the second respondent to implement the G.O.Ms.No.255 dated 20.06.2003. In spite of the above all, the respondents are not paying the enhanced diet charges to the petitioner. Therefore, he approached this Court by filing the present writ petition. The learned counsel for the petitioner submitted that the petitioner made a representation to the fourth respondent for consideration of his request for payment of enhanced diet charges giving all the details of his claim and therefore a direction to the fourth respondent to consider representation of the petitioner would suffice redressal of the grievance of the petitioner in this writ petition. Separate counter-affidavits are filed by the third and fourth respondents on similar lines, wherein, though it is admitted that the petitioner has supplied the diet as per G.O.Ms.No.255 dated 20.06.2003, it is stated that since no representation was made by the petitioner, he was not paid the enhanced rates. It is further stated that as and when they receive such representation, it will be considered. In view of the submissions of the learned counsel for the petitioner and the counter averment that as and when the petitioner files representation, the same will be considered by the respondents, this Court is inclined to give liberty to the petitioner to file representation and to direct the respondents to consider the representation. Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file representation before the respondents, and on such representation being filed, the respondents are directed to consider the same and to pass appropriate orders in accordance with law, keeping in view G.O.Ms.No.255 dated 20.06.2003 and the judgment dated 19.07.2001 of the Division Bench passed in W.A.No.280 of 2000 and batch, within a period of four weeks. No costs. _______________ N.V.RAMANA, J 13th August, 2010 GHN