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2025 DAILYLAW 23113 (AP)

THAMMU BHAVANI v. THE STATE OF ANDHRA PRADESH

WP/16533/2025 · 2025-07-06

Challa Gunaranjan

body2025

Judgment text

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APHC010325232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16533 OF 2025 Between: Smt. Thammu Bhavani, W/o Yedukondalu, Aged about 31 presently working as ANM/ Ward Health Secretary, Gr-lll in Yenamalakuduru- IV Village/Ward Secretariate, Penamaluru Mandal, Krishna District. years, now ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat Amaravati, Guntur District, A.P. 2. The District Medical and Health Officer, Machilipatnam Krishna District at 3. The State of Andhra Pradesh, Rep by its Chief Secretary General Administration (Ser.C), Department, Secretariat, Amaravati, Guntur District, 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 Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the 2nd Respondent in not promoting the petitioner to the post of ANM (Gr.ll) from the post of ANM (Gr.lll), pursuant to the 2nd Respondent Charge Memo dt.30-05-2025 vide r Rc.No.4138/E3/2022, as illegal, arbitrary, and contrary to G.O.Ms.No.257 General Administration (Ser.C) Department dt. 10-06-1999 of the 3rd Respondent, consequently, direct the 2nd Respondent to promote the petitioner as ANM (Gr.ll) as per G.O.Ms.No.257, without reference to the 2nd Respondent Charge Memo dt.30-05-2025. 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 2nd Respondent to promote the petitioner as ANM (Gr.ll) as per G.O.Ms.No.257, without reference to the 2nd Respondent Charge Memo dt.30-05-2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B CHANDRA SHEKHAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010325232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16533/2025 Between: 1.THAMMU BHAVANi, W/0 YEDUKONDALU, AGED ABOUT 31 YEARS, NOW PRESENTLY WORKING AS ANM/ WARD HEALTH SECRETARY, GR-LLL IN YENAMALAKUDURU-IV VILLAGEAA/ARD SECRETARIATE PENAMALURU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT AMARAVATI, GUNTUR DISTRICT, A.P. 2.THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM 3.THE STATE OF ANDHRA PRADESH, REP BY ITS CHIEF SECRETARY, GENERAL ADMINISTRATION (SER.C), DEPARTMENT, SECRETARIAT, AMARAVATI. GUNTUR DISTRICT, A.P. ...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 to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the 2"'' Respondent in not promoting the petitioner to the post of ANM (Gr.ll) from the post of ANM (Gr.lll), pursuant to the 2 Respondent Charge i CGR,J. W.P.No.16533 of 2025 Memo dt.30-5-2025 vide Rc.No.4138/E3/2022, as illegal, arbitrary, and contrary to G.O.Ms.No.257 General Administration (Ser.C) Department dt. 10-6-1999 of the 3''* Respondent, consequently, direct the 2"'^ Respondent to promote the petitioner as ANM (Gr.ll) as per G.O.Ms.No.257, without reference to the 2^^ Respondent Charge Memo dt.30-5-2025 and pass Counsel for the Petitioner: 1.B CHANDRA SHEKHAR Counsel for the Respondent(S): 1.GP FOR SERVICES 1 The Court made the following: C6R, J. W.P.No.16533 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.16533 of 2025 ORDER: Heard Sri B.Chandrasekhar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. Petitioner is working as ANMAA/ard Health Secretary (Grade-Ill) and she is due for promotion to the post of ANM/Ward Health Secretary (Grade-ll). Petitioner has been issued charge-memo, dated 30.5.2025, alleging certain irregularities, to which, petitioner submitted statement of 2. defence refuting the said charges. The enquiry is going on. Now, the respondents are undertaking the exercise of promotions and as per the seniority list prepared, petitioner stands at SI.No.246, on account of I ] pendency of aforesaid disciplinary proceedings, her case is not being considered. 3. At the time of hearing, learned counsel for the petitioner confined his arguments and urged to direct the respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. CGR. J. W.P.No.16533 of 2025 Learned Assistant Government Pleader for Services-I appearing for the respondents did not refute the submission made by learned counsel for the petitioner. 4. In this view of the matter, without touching the merits of the 5. matter, the writ petition is disposed of at the admission stage with the consent of both the learned counsel, directing the 2"^ respondent to consider the case of the petitioner for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- M. SURYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Medical and Health Department, Secretariat Amaravati, Guntur District, A.P. 2. The District Medical and Health Officer, Krishna District at Machilipatnam. 3. The Chief Secretary, General Administration (Ser.C), Department, Secretariat, Amaravati, Guntur District, A.P. 4. One CC to Sri B Chandra Shekhar Advocate [OPUC] 5. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED:07/07/2025 ORDER WP NO. 16533 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS