APHC010313072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 159«fi OF onon ®ia m Between: Dr. K Srinivasa Rao S/o.Sigadam, Aged 45 Community Health Centre, Nellimarla, Vizianagaram years, Medical Officer District, Andhra Pradesh. ...Petitioner AND 1. The Director of the Secondary Health Vijayanagar, Krishna district, A.P. 2. The Director of Public Health Vijayawada, Krishna District. 3. The State of Andhra Pradesh rep. by its Principal Secretary to Government, Health, Medical and Family Welfare, Govt, of A.P, A.P Secretariat, Velagapudi, Guntur Dt., Andhra Pradesh. Department, State of A.P. and Family Welfare, State of A.P., ...Respondents 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 to issue a writ, order or direction, of a writ of Mandamus under Article 226 more particularly one in the nature of the Constitution of India declaring the actions of the respondents in not repatriating the petitioner to his department i.e. Director of Public Health parent and Family Welfare, Govt, of A.P., under the jurisdiction of the 2nd respondent, even after a prolonged service of % 9 years on deputation as arbitrary, illegal, illegal, discriminatory, unconstitutional violating Article 14, 16 and 21 of the Constitution of India apart from contrary to the statutory rules and the law laid by the Hon’ble constitutional courts and issue consequential St directions directing the respondents, more particularly 1st respondent, to forthwith issue appropriate orders repatriating the petitioner to his parent department i.e. Director of Public Health and Family Welfare under the jurisdiction of the 2nd respondent where his lien and seniority are continuing, with a further direction to the 2nd respondent to issue posting orders with all consequential benefits, seniority, promotion, etc. by duly considering the representation dated 29.04.25 made by the petitioner to the 1st respondent. 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, more particularly 1st respondent, to forthwith issue appropriate orders repatriating the petitioner to his parent department i.e. Director of Public Health and Family Welfare under the jurisdiction of the 2nd respondent with a further direction to the 2nd respondent to issue posting orders with all consequential benefits, seniority, promotion, considering the representation dated 29.04.25 made by the petitioner to the 1st respondent pending final disposal of the Writ Petition. Counsel for the Petitioner: SRI S KARUNAKAR REPRESENTING SRI P V KRISHNAIAH Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: etc., by duly APHC010313072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15985/2025 Between: 1.K SRINIVASA RAO, S/O.SIGADAM, AGED 45 YEARS MEDICAL OFFICER, COMMUNITY HEALTH CENTRE NELLIMARLA, VIZIANAGARAM DISTRICT PRADESH. ANDHRA ...PETITIONER AND 1.THE DIRECTOR OF THE SECONDARY HEALTH DEPARTMENT, STATE OF A.P., VIJAYANAGAR, KRISHNA DISTRICT, A.P. 2. HE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARET, STATE OF A.P., VIJAYAWADA, KRISHNA DISTRICT. 3.THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE, GOVT, OF A.P, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DT., ANDHRA PRADESH. ...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 a writ, order or direction, more particularly one in the nature of a writ of Mandamus under Article 226 of the Constitution of India declaring the actions of HCGR,J W.P.No.15985 of 2025 the respondents in not repatriating the petitioner to his parent department i.e. Director of Public Health nd and Family Welfare, Govt, of A.P., under the jurisdiction of the 2 respondent, even after a prolonged service of 9 years on deputation, as arbitrary, illegal, illegal, discriminatory, unconstitutional violating Article 14, 16 and 21 of the Constitution of India apart from contrary to the statutory rules and the law laid by the honble constitutional courts and issue consequential St directions directing the respondents particularly 1 respondent, to forthwith issue appropriate orders repatriating the petitioner to his parent department i.e. Director of Public Health and Family Welfare under the jurisdiction of the 2ND respondent, where his lien and seniority are continuing, with a further direction nd to the 2 respondent to issue posting orders with all 13 consequential benefits, seniority, promotion, etc. by duly considering the representation dated 29.04.25 made by the petitioner to the respondent and pass lA NO: 1 OF 2025 more 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 pleased to direct the respondents, more particularly 1ST respondent, to forthwith issue appropriate orders repatriating the petitioner to his parent department i.e. Director of Public Health and Family Welfare under the jurisdiction of the 2ND respondent with a further direction to the 2ND respondent to issue posting orders with all consequential benefits, seniority, promotion, etc., by duly considering the representation dated 29.4.25 made by the petitioner to the 1ST pending final disposal of the Writ Petition respondent Counsel for the Petitioner: 1.P VKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR SERVICES I It. 3 HCGRJ W.P.No.15985 of 2025 The Court made the following Order: Petitioner claims to be appointed as Civil Assistant Surgeon, by the 2"^^ respondent and posted at PHC, Konuru, Vizianagaram District. Later, he has been post as Medical Officer at Community Health Center, Nellimarla, by proceedings dated 27.08.2016. The said center has been under the control of the Andhra Pradesh Vaidya Vidhana Parishad and presently re-designated as Directorate of Primary Health. Petitioner continued to work in the said place and had almost completed nine years of service there. Petitioner stated to have made representation dated 29.04.2025 requesting to repatriate him to his parent department i.e., 2"^ respondent and the same is pending with the 2"^ respondent. 2. Heard Sri S.Karunakar, learned counsel, representing learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Learned counsel for the petitioner submits that it would suffice to direct the 2"^^ respondent to consider and pass appropriate orders on aforesaid representation. 4. Learned Assistant Government Pleader appearing on behalf of respondents submits that request of petitioner would be considered in accordance with law. 4 HCGR,J W.P.No.l5985of2025 5. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage, directing the 2"*^ respondent to consider petitioner’s representation dated 29.04.2025 and pass appropriate speaking orders, strictly in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SEC N OFFICER To, 1. The Director of the Secondary Health Department, State of A.P. Vijayanagar, Krishna district, A.P. 2. The Director of Public Health and Vijayawada, Krishna District. 3. The Principal Secretary to Government Family Welfare, State of A.P. Health, Medical and Family Welfare, Govt, of A.P, A.P Secretariat, Velagapudi, Guntur Dt., Andhra Pradesh. 4. One CC to Sri P V Krishnaiah, Advocate [OPUC] 5. Two CCs to GP for Services I, High Court of Andhra 6. Two CD Copies Pradesh [OUT] TF Jf XI- HIGH COURT DATED:02/07/2025 ORDER WP NO. 15985 OF 2025 5 fit Mm Current uecnon * Xi>£f«PATCWt'^ at the stage ADMISSION, WITHOUT COSTS OF