Telangana High Court
WP/24223/2004 of K.R.Vijay Kumar S/o.K.Raghunath Vs The Commissioner A.P.Vaidya Vidhana Parishad on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 24223 of 2004 Between: K.R.Vijay Kumar S/o.K.Raghunath, Diet Contractor, District
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION No. 24223 of 2004
Between:
K.R.Vijay Kumar S/o.K.Raghunath, Diet Contractor, District Hospital, Karimnagar, Karimnagar Disttrict.
AND
..... PETITIONER
1 The Commissioner A.P.Vaidya Vidhana Parishad Sultan Bazar, Hyderabad.
2 The District Coordinator of Hospital Services, District Hospital, KarimnagarDistrict.
3 The Medical Superintendent, Community Health Centre, District Hospital, Karimnagar, Karimnagar district.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue order or orders, direction or directions, writ or writs, particularly one in thenature of "Writ of Mandamus and declare the action of the respondents in not payingthe enhanced diet charges as per the G.O.Ms.No.255, Health, Medical and FamilyWelfare(C1) Department dated 20-06-2003, is as illegal, arbitrary and against thelaw laid down by Divisional Bench of this Hon'ble court in WA No.280/2000 andbatch, and consequently direct the respondents to pay the enhanced diet charges asper G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department dated 20-6-2003 w.e.f. from 20-6-2003.
Counsel for the Petitioner: Mr.G.BUCHAIAH GOUDCounsel for the Respondents: MR.K.L.N.SWAMY
The Court at the stage of admission made the following :
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ORDER:
Heard the learned counsel for petitioner, and the learned Standing Counsel forRespondents and both of them agreed for disposal of the writ petition at the stage ofadmission.
The petitioner is a diet contractor supplying food to the patients in the hospital underthe control of second respondent. He is being paid Rs.10/- per head for supply ofmeal for general patients and Rs.15/- for T.B. Patients in pursuance of the orders ofthe Government in G.O.Ms.No.257 dated 31.5.195. Subsequently due to hike inprices, the petitioner made a representation to the Government and the Governmentissued G.O.Ms.No.255, Health, Medical and Family Welfare (C1) Department dated20.6.2003 for enhancing the rate of the meal of the general inpatients from Rs.10/- toRs.15/- and for T.B. patients from Rs.15/- to Rs.20/-. The G.O. came into force withimmediate effect. The grievance of the petitioner is that the second respondent is notpaying enhanced rate for the meal that is being supplied to the patients as per therates sanctioned under G.O.Ms.No.255. Therefore, he approached this Courtseeking direction to the second respondent to pay the enhanced rate for the mealthat is being supplied to the patients.
A Division Bench of this Court in W.A.No. 280 of 2000 and batch dated 19.7.2001resolved the conflict by accepting the proposition that G.O.Ms.No.257 dated31.5.1995 came into effect from 1.4.1995 and the consequential escalation chargeshave to be paid to the writ petitioners-diet contractors.
In the light of the circumstances explained by the petitioner, the first respondent isdirected to implement the G.O.Ms.No.255, Health, Medical and Family Welfare (C1)Department dated 20.6.2003, if it is in force and pay the enhanced rates within twomonths 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 20.6.2003, if necessary by addressing the Government forrelease of the necessary funds.
The writ petition is accordingly disposed of. No costs.
Date: 27.12.2004
_____________
N.V.RAMANA, J
DA
To
1 The Commissioner A.P.Vaidya Vidhana Parishad Sultan Bazar,Hyderabad.2 The District Coordinator of Hospital Services, District Hospital, KarimnagarDistrict.3 The Medical Superintendent, Community Health Centre, District Hospital,Karimnagar, Karimnagar district.
4. Two CD copies.