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2025 DAILYLAW 18290 (AP)

DARLA SUKUMAR v. THE STATE OF ANDHRA PRADESH

WP/12593/2025 · 2025-05-06

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12593 OF 2025 Between: Darla Sukumar, S/o D. Bala Chfandraiah late aged 31 years. Occ Jr. Assistant (under Suspension) ESI Dispensary, Tada Town, Tirupathi District ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Labour, Employment and Training Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Insurance Medical Services, State of A.P. Vijayawada, Krishna District. 3. The Joint Director of Insurance Medical Services, Shankarapu Kadapa. YSR Kadapa District ram ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction may more particularly one in the nature of Writ of Mandamus to declare the action of the respondents herein more particularly the 3rd respondent in continue the petitioner under suspension more than 1 year in the cadre of Junior Assistant vide Proceeding. RC.No.2153018/E2/2023-2024, dated 03-02- illegally, arbitrarily and also in violation of para 5 of G.O.Ms.No.22, GAD, 2024, as highly dated 29-2-2024 and consequentially the may be pleased to declare that the petitioner is entitled for reinstatement into service as Junior Assistant immediately as per G.O.Ms.No.22, GAD, dated 29-2-2024. lA 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 respondents herein to consider for reinstatement of the petitioner into service as junior Assistant, by revoking the suspension order issued vide Proceeding. RC.No.2153018/E2/2023-2024, dated 03.02.2024 as per G.O.Ms.No.22, GAD, dated 29.02.2024 pending disposal of the above writ petition. Counsel for the PetitionerSRI M R TAGORE Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER APHC010252822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12593/2025 Between: ...PETITIONER Darla Sukumar AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief; “ to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus to declare the action of the respondents herein more particularly the S'"* respondent in continuing the petitioner under suspension more than 1 year in the cadre of Junior Assistant vide Proceeding 03.02.2024, as highly illegal, arbitrary and also in violation of para consequently, to declare that the petitioner is entitled for reinstatement into service as Junior Assistant immediately as per G.O.Ms.No.22, GAD, dated 29.02.2024 and pass...” dated RC.No.2153018/E2/2023-2024, 5 of G.O.Ms.No.22, GAD dated 29.02.2024, and 2 CGR, J. W.P.No.12593 of 2025 2. Heard learned counsel for the petitioner and learned Government Pleader for Services-ll appearing for respondents. 3. In pursuance to the proposed departmental enquiry, petitioner was initially placed under suspension on 03.02.2024. After enquiry, as a measure of punishment, he has been demoted to the post of Thoti, by proceedings, dated 18.07.2024. The same has been challenged in W.P.No. 16663 of 2024. By interim order, dated 01.08.2024, aforesaid punishment orders have been suspended on the ground that petitioner has been reverted to the lower post to the post for which he was originally appointed i.e.. Junior Assistant. Though, in pursuance to the aforesaid interim order, the respondents have reinstated the petitioner into service, however, he has been once again being continued with suspension. The same has been reviewed by proceedings, dated 02.12.2024 and ordered for continuation of suspension for a further period of four months. As petitioner has already under suspension for a period of more 4. than one year, in terms of G.O.Ms.No.22, General Administration (Ser.C) Department, dated 29.02.2024 he is entitled for reinstatement in as much as suspension cannot exceed for more than one year. ■* 3 CGR, J. W.P.No.12593 of 2025 !■ In view of the same, the writ petition is disposed of directing the 5. 1 respondents to review the suspension period of petitioner in terms of G.O.Ms.No.22, dated 29.02.2024 within two weeks from today. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- A.VIJAYA BABU AS^STANT REGISTRAR OFFICER //TRUE COPY// S To 1. The Principal Secretary, State of Andhra Pradesh, Labour, Employment - and Training Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Insurance Medical Services, State of A.P. Vijayawada, Krishna District. 3. The Joint Director of Insurance Medical Services, Shankarapuram, Kadapa. YSR Kadapa District 4. One CC to SRI. M R TAGORE Advocate [OPUC] 5. Two CCs to GP FOR SERVICES I ,High Court Of Andhra Pradesh. [OUT] 6. Three C.D.Copies nm HIGH COURT DATED;07/05/2025 ORDER WP.No.12593 of 2025 5 0 3 .)UK' 2025 a to. ^ * Current Section DISPOSING OF THE WP WITHOUT COSTS