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2025 DAILYLAW 23599 (AP)

Kondapalli Srinivasarao, v. The State of Andhra Pradesh,

WP/16866/2025 · 2025-07-08

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010333352025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 16866 OF 2025 Between: Kondapalli Srinivasarao, S/o. Krishna Murthy, aged about 56 Years MPHA(M), PHC Mustabada, N.T.R. District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Dept, of Health, Medical and Family Welfare Department, Secretariat Buildings (5th Block), Velagapudi, Guntur District. 2. The Director of Public Health and Family Welfare, Gollapudi, Vijayawada, N.T.R. District. 3. The District Medical and Health Officer, Krishna, Machilipatnam Krishna District. ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings Rc.No. 2180/E2/2024 dated 14.11.2024 of the 3rd respondent is as iHegal, arbitrary, contrary to law and Violation of Articles 14 and 16 of the Constitution of India and set aside Rc.No.2180/E2/2024 dated 14.11.2024 of the 3^^ respondent and further direct the respondents to reinstate the petitioner into his service, pay all consequential and attendant benefits. m 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 2 respondent shall consider the proceedings Rc.No. 2180/E2/2024 dated 17.05.2025 of the 3"^ respondent in favour of petitioner regarding reinstate in to service. Counsel for the Petitioner: SRI T.V.V.KOTESWARA RAO Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES-I The Court made the following order: APHC010333352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AA/IARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16866/2025 Between: 1.KONDAPALLI SRINIVASARAO S/0 KRISHNA MURTHY, AGED ABOUT 56 YEARS MPHA(M), PHC MUSTABADA, N.T.R. DISTRICT. j 1 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPT, OF HEALTH, MEDICAL AND FAMILY BUILDINGS (5TH SECRETARY, WELFARE DEPARTMENT, SECRETARIAT BLOCK), VELAGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE GOLLAPUDI, VIJAYAWADA. N.T.R. DISTRICT. 3.THE DISTRICT MEDICAL AND HEALTH OFFICER. KRISHNA, MACHILIPATNAM KRISHNA DISTRICT. ...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 Writ of Mandamus declaring the impugned proceedings Rc.No. 2180/E2/2024 dated 14.11.2024 of the 3rd respondent is as illegal, arbitrary, contrary to law and Violation of Article 14 and 16 of the Constitution of India and set aside Rc.No. 2180/E2/2024 dated 14.11.2024 of the 3rd respondent and further direct the respondents to reinstate the petitioner into his service , pay all consequential and attendant benefits 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 pleased to direct the 2nd respondent shall consider the proceedings Rc.No. 2180/E2/2024 dated 17.05.2025 of the 3rd respondent in favour of petitioner regarding reinstate in to service Counsel for the Petitioner: 1 .T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I 0s The Court made the following: ORDER: Petitioner is working as MPHA (M), in pursuance to the maintenance proceedings, for non compliance of the orders passed by learned XIV Additional District Judge cum Additional Family Judge, Vijayawada, in CrI |\/l P No-282 of 2024 in FCOP (M.C).No.355/270, petitioner was committed to jail I'o'’ ^ P6''iod of one month or payment of arrears of Rs.13,86,000/-. Petitioner was in jail from 29.09.2024 to 22.10.2024 and on account of the same, he has been placed under suspension by proceedings dated -14 11.2024. Later, petitioner has made request for reinstatement, considering the same, the 3'*^ respondent has addressed the 2"*^ respondent by letter dated 07.05.2025 seeking for instructions to reinstate by revoking the suspension. Despite the same, petitioner is not being reinstated. Therefore, petitioner filed present writ petition. Fleard Sri T.V.V.Koteswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Services I for the respondents. Learned counsel for the petitioner submits that the ground on which 2. 3. petitioner was placed under suspension was merely on account of non compliance of the orders passed by the Family Court and has nothing to do with his discharge of duties and at any rate as now the 3"^^ respondent has already addressed to the 2''"' respondent for issuing instructions to reinstate respondent ought to have nd the petitioner by revoking suspension, the 2 reinstated back. Learned Assistant Government Pleader for Services I for the 4. respondents on the other hand submits that the matter is seized up with the 2"^ respondent. However, the request of the petitioner will be considered for revocation of suspension. In view of the aforesaid submissions, considering the fact that the 5. suspension was only on account on non compliance of the orders passed by Family Court, which has nothing to do with the services of the petitioner, the 2"^ respondent is directed to act on the proceedings No.Rc.No.2180/E2/2024 dated 17.05.2025 issued by the 3'^ respondent and take steps for reinstatement of the petitioner back into service by revocation of his suspension order. 6. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- A. VENU GOPAL RAO assistant registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Department of Health, Medical & Family Welfare Department, Secretariat Buildings (5*'' Block), Velagapudi, Amaravati, Guntur District. 2. The Director of Public Health & Family Welfare, Gollapudi, Vijayawada, N.T.R. District. 3. The District Medical & Health Officer, Krishna, Machilipatnam Krishna District. 4. One CC to Sri T.V.V. Koteswara Rao, Advocate [OPUC] 5. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. gi m HIGH COURT DATED;09/07/2025 ORDER WP No.16866 OF 2025 ^ 0 2 AUG 2025 )S ntSectiottXiV ★ DISPOSING OF THE WRIT PETITION WITHOUT COSTS