A JANIKIRAMAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution complaining of the infringement of the petitioners fundamental right to employment, guaranteed by Art. 16 of the Constitution.

(2.) The petitioner was born in Kalinjur village, Gudiattam Taluk, North Arcot District. He was educated at Vellore and later underwent the compounders course and became a qualified compounder in 1952. As there was a vacancy for a compounders post in the Government Head Quarters Hospital, Chittoor, the petitioner applied for it on 4-5-1953 and. after interview, he was appointed temporarily to act as compounder with effect from 14-5-1953.

(3.) On 1-10-1953 the State of Andhra was formed and the petitioner was retained in the service of the Andhra State, and he continued to serve as compounder in the said Hospital. On 2-2-1955 the petitioner received a communication from the District Medical Officer and Superintendent, Government Headquarters Hospital, Chittoor, whereby his services abruptly terminated. The order (R.O.C. No. 3102-B/ 54), which is challenged in this writ petition, ran thus : "Sri S. Balachandra Rao, son of Sri S. Kuppu Rao, retired Head Clerk, Greamspet Chittoor, is appointed temporarily to act as compounder. Government Headquarters Hospital, Chittoor, ousting Sri A. Janakiraman acting compounder, Government Headquarters Hospital, Chittoor, being a non-Andhra candidate. He is directed to join duty forthwith." Pursuant to that order, the petitioner handed over charge on 4-2-1955.