- (1.) This batch of cases relating to the outsourced employees in public health sector portray the grim picture and consequences of globalisation. The petitioners attempt to continue in employment while the Government, through respondents, disengages their services at their will and pleasure calling them as outsourced employees.
(2.) The petitioners state that they were appointed on contract basis through a Zilla Samakhya in Government General Hospital, Guntur by undergoing the process for selection in the year 2000 -01. It is their further case that when G.O.Ms.No.3 dated 12.01.2011 was issued enhancing the remuneration for the personnel working on contract and outsourcing basis and it was not implemented, they filed W.P. No.22146 of 2011. The said Writ Petition was disposed of directing the respondents to consider the representation dated 11.03.2011 and dispose of the same. When an order was passed on 04.10.2011 rejecting the representation, the petitioners filed W.P. No.31131 of 2011 for setting aside the proceedings and this Court allowed the said Writ Petition by an order dated 17.04.2012. However, against the said order, Writ Appeal No.39 of 2012 was preferred and no stay was granted in the said Writ Appeal. In Contempt Case No.227 of 2014 filed seeking implementation of the order in W.P. No.31131 of 2011 dated 17.04.2012, this Court gave a direction for implementing the order and in spite of the same the orders were not implemented on the ground that G.O.Ms.Nos.250 and 146 are not applicable to the petitioners and stand in the way of implementation. However, when the respondents tried to discontinue the services of the petitioners by directing them to serve under Arogyasree scheme in order to deprive them of their past service by issuing proceedings in RC No.2171/HDS/2014 -Outsourcing dated 30.06.2014, nineteen (19) petitioners filed W.P. No.18988 of 2014. While so, when the respondents issued a notification dated 25.07.2014 through the President, Zilla Samakhya, Guntur, Writ Petition No.21755 of 2014 was filed. Thus several Writ Petitions are pending in relation to the petitioners.
(3.) A counter affidavit was filed by the third respondent stating that in view of the requirements of the hospital, the services of certain technical persons were utilised by the Hospital Development Society from the available funds through third party agency, Zilla Samakhya, Guntur who is the fifth respondent. Their services were utilised for running the sophisticated equipment like CT Scan, which was installed 15 years back without sanctioning any post, X -ray, ECG, Audiogram machines in various departments and laboratories of Government General Hospital, Guntur. Several letters were addressed to the Director of Medical Education, Hyderabad and the Principal Secretary, HM & FW, AP, Hyderabad for sanction of new posts, but no sanction order was received. However, on the directions of the Collector and District Magistrate, Guntur and the Chairman, Hospital Development Society, Government General Hospital, Guntur, a letter was addressed to the President, Zilla Samakhya for termination of the staff on outsourcing basis vide proceedings dated 27.06.2014. Accordingly, their services were terminated on the afternoon of 30.06.2014 as there is no prior approval of the Finance Department and there is no approval of the successor Government. A note file was circulated to the Collector and District Magistrate, Guntur and Chairman of Hospital Development Society for utilisation of the services of the existing technical staff through Zilla Samakhya, Guntur and payment of honorarium through Arogyasree Scheme since their services are required and very essential to the institution to provide uninterrupted patient care and for operation of sophisticated equipment in the departments of Radiology, Cardiology, ENT, Neurology and Laboratories etc. The Collector and District Magistrate, Guntur and Chairman of Hospital Development Society issued orders for making temporary arrangements for a period of six months for selecting technical persons on merit basis and treating the already working persons as fresh candidates without any claim or right on their working in the past in terms of G.O.Ms.No.146 Finance Department dated 27.06.2014. When the petitioners filed W.P. No.31131 of 2011, a counter affidavit was filed stating that the services of the petitioners were utilised on honorarium basis as per the needs of the department as there are no specific funds allocated by the Government. The honorarium is also being paid through Zilla Samakhya, Guntur from the available funds of Hospital Development Society, Guntur which are generated locally by way of auction of cycle stand, commercial canteen, laboratory tests, investigation fee, internship fee and paramedical training fee. The discontinuance of the existing outsourcing staff is in implementation of the Government orders in G.O.Ms.No.250 GAD (SR) Department dated 01.06.2014, G.O.Ms.No.146 Finance (HR -I) Department dated 27.06.2014 and the note orders of the Collector and District Magistrate, Guntur. A paper publication was made for appointment of outsourcing employees on 25.07.2014. This Court, by an order dated 01.08.2014, granted interim suspension of the said notification, as a result of which the petitioners are continuing.;