1 APHC010388422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20081/2025 Between: 1. AKULA DINESH,, S/O LATE SEKHAR, AGE 32 YRS, OCC OFFICE SUB ORDINATE AT DISTRICT COORDINATOR OF HOSPITAL SERVICES (DCHS), ELURU, R/O D.NO. 10/371-5, NAGAVARAPUPADU GUDIVADA TOWN AND MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MEDICAL AND HEALTH, ANDHRA PRADESH, GOLLAPUDU VIJAYAWADA, NTR DISTRICT. 3. THE DIRECTOR OF PUBLIC HEALTH, STATE OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. 4. THE DIRECTOR OF SECONDARY HEALTH STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT, UNDER THE CONTROL OF VAIDHYA VIDHANA PARISHATH. 5. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, ELURU DISTRICT AT ELURU. 2 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents 4 and 5 in not considering the petitioner's case for promotion to the post of Junior Assistant as illegal, arbitrary and consequently direct the respondents 4 and 5 to consider the case of the petitioner positively and accord promotion to the post of Junior Assistant with all consequential benefits, in the interest of justice IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to consider the petitioner’s representations dt: 28.02.2024, 24.10.2024 and 09.04.2025, pending disposal of the above writ petition Counsel for the Petitioner: 1. AISHWARYA NAGULA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed questioning the action of the respondents 4 and 5 in not considering the petitioner’s case for promotion to the post of Junior Assistant as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3 3. The case of the petitioner is that the petitioner’s services were absorbed vide proceedings of District Coordinator of Hospital Services, Eluru District at Eluru vide proceedings dated 19.03.2021. According to the said proceedings the petitioner’s date of appointment was 26.05.2016 and date of declaration of probation was 25.05.2018. The Government has considered and merged A.P.Vaidhya Vidhana ParishathAtonomus Body into the Government Department of Directorate of secondary health vide proceedings dated 07.02.2024. In the said circumstances, the petitioner is entitled for promotion to the next category based on his seniority and eligibility. Despite the same, the respondents have not considered and not passed any orders. 4. On the other hand, respondents have filed counter stating that they have denying the seniority of the petitioner from the initial date to regularize and they have stated that the petitioner is only entitled from his parent department. The individual was transferred along with the post to APVVP (DSH) with effect from 07.09.2018 only, accordingly their cases have been considered and options exercised by the individuals were rejected vide orders dated 18.11.2019. 4 5. The learned Government Pleader appearing for respondents submits that the question of absorption orders would not arise in view of the orders passed by the Government in memoNo.2172309/D1/2024, dated 07.02.2024. As the Government has taken a decision merging the Vaidhya Vidhana Parishath into the Government Head of Department as the petitioner is entitled for promotion based on their seniority. 6. Considering the said submission, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner also as per the government memo dated 07.02.2024 and pass orders, if he is eligible. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall standclosed. ___________________ JUSTICE D.RAMESH Date:04.05.2026 sj 5 92 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO:20081of 2025 Dated:04.05.2026 sj