HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.998 of 2014 Date: 26.08.2014 Between:
S.S. Consultancy, 17-1, 1st Floor, Opp:Saibaba Temple, Queue Complex, Dilsukhnagar, Hyderabad, rep.by its Proprietor, B.Venkatesham, s/o. Ramulu, Aged about 41 years, r/o.Khammam.
AND The Superintendent, Osmania General Hospital, Hyderabad and others.
.. Petitioner .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.998 of 2014 ORDER:
The case of the petitioner is that in pursuance to calling tenders for awarding contract for providing security services in In-patient block, OP block, QQDC block and New Mortuary block in Osmania General Hospital premises, petitioner participated and petitioner was selected and awarded contract for undertaking the services. However, in the proceedings, dated 04.12.2013, entrusting the contract to the petitioner, the contract was intended only for one month and it is extended on month to month basis. In the mean time, tender notification was issued on 04.10.2013 including Osmania General Hospital also for awarding of fresh contracts. In this tender notification, tenders are called to award combined contract for providing sanitation and security services. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner contends that tenders were called on 04.07.2012 for Osmania General Hospital only and were actually finalized in December, 2013 and as per the tender notification, once a contract is awarded, contractor is entitled to provide services for a minimum period of one year, but illegally contract was awarded for a period of one month and is being extended from time to time on monthly basis and going for fresh tender notification is illegal.
3. Learned standing counsel submits that a policy decision is taken to integrate security and sanitation services and to award contract to a single contractor on the ground that several illegalities have taken place because of lack of coordination between the security services agency and sanitation services agency, as recommended by the committee appointed for this purpose made such recommendations. Accordingly, Government issued orders in G.O.Ms.No.99, Health Medical & Family Welfare (M2) Department, dated 05.05.2010. Therefore, the subsequent notification issued is valid exercise of power and in the public interest. Since tender notification for enlisting an agency to provide integrated services was already issued, petitioner was granted contract for a limited period.
4. The issuance of fresh tender notification is in pursuant to the policy decision taken by the Government to integrate security and sanitation services and the entire exercise of identifying the agencies which provide these services, is entrusted to Andhra Pradesh Medical Services and Infrastructure Development Corporation. The orders to that extent were issued by the Government in G.O.Ms.No.99, dated 05.05.2010. The said policy decision is taken in view of noticing of grave illegalities that have been taken place in the institutions in the Government health sector and such illegalities relate to theft of new born babies, no control on system of visitors inflow, diversion of manpower to the inpatient assistance, no security for hospital equipment and material, non-availability of drinking water and water for general use, in hygienic conditions leading to lot of criticism of the management of Government institutions in health sector. The Centre for Innovation of Public System went into all these aspects and having found the deficiencies in the existing functioning, suggested for improvement of security and sanitation system. It suggested to integrate the sanitation and security services. Government accepted the suggestions given by the Centre and issued G.O.Ms.No.99 dated 05.05.2010. Detailed guidelines are formulated in the said G.O., for identification of the agency to undertake the sanitation and security services. In pursuant to the said policy decision, Corporation issued fresh tender notification. Therefore, it cannot be said that calling for fresh tenders as illegal and arbitrary. This uniform policy is taken for the entire undivided State of Andhra Pradesh and immediately consequential steps were taken. However, petitioner is granted extension of provision of security services and by default, petitioner has completed contract service by now. The learned standing counsel for the respondent corporation submitted that petitioner shall be continued to provide security services till the contracts are finalized and new contractors are inducted.
5. Recording the statement of the learned standing counsel, this writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions if any pending in the writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 26.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.998 of 2014 Date: 26.08.2014 kkm