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High Court of Andhra Pradesh · body

2025 DAILYLAW 23778 (AP)

M SIVA REDDY v. THE STATE OF AP

WP/17065/2025 · 2025-07-09

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010335752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction), ^ SMB THURSDAY.THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17065 OF 2025 , Between; M. Siva Reddy, S/o Subba Rami Reddy, Aged about 36 Rehabilitation Worker (Physiotherapist), R/o 7-1-875, Gandhi Nagar, Badvel Town, Kadapa District, Andhra Pradesh. years, Occ; Multi ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, MeScal & Health and Family Welfare Department Velagapudi, Guntur District. 2. The Commissioner, Health & Family Welfare & National Health Mission, Mangal^iri, Guntur District. 3. The District, Medical & Health Officer, Kadapa, YSR District. -- 4. The^uperintendent, Medical OfISSer. Community Health Centre, CHS & DSH, Badvel, YSR District. Secretariat Buildings Mission Director, ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be the inaction of the 2""' not disposing of my Representations dt. 10.072024, requesting to consider the petitioner's joining praying that in the pleased to Mandamus Mandamus declaring Respondent, in 18.12.2024, and 27.03.2025, letter for continuation of services as Multi Rehabilitation Worker (Physiotherapist) at Community Health Center, Badvel, 'YSR District by treating my unauthorized absence period i.e., 17-03-^024 to 11-06-2024 leave period on a loss pay, as being arbitrary, illegal and violative 14 and 19 of the Constitution of India as of Articles and consequently direct the 2nd Respondent to consider the petitioner's joining letter for continuation of services as Multi Rehabilitation Worker (Physiotherapist) at Community Health Center, Badvel, YSR District by treating 17-03-2024 to 11-06-2024 as leave period on a loss my unauthorized absence period i.e. pay. lA NO: 1 OF 7()7R Petition under Section 151 CPC in the affidavit fiied in support of the petition, the High Court may be pleased to direct the 2'"'^ Respondent to dispose of dt: 10.07.^24, 18.12.2024, praying that in the circumstances stated the petitioner’s Representations and 27.03.2025, requesting to consider the of services as Multi Rehabilitation I Center, BadveirvSR District period i.e., 17-03-2024 to 11^6-2024 pay, in a fixed time frame pending disposal of the petitioners joining letter for continuation Worker (Physiotherapist) at Community Health by treating my unauthorized absence as leave period on a loss writ petition. Counsel for the Petitioner: SRI NANDIREDDY VISHNU REDDY to 4: GP FOR SERVICES-I VARDHAN Counsel for the Respondent Nos.1 The Court made the following order: % IN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17065/2025 APHC010335752025 [3506] Between; AGED 1.M SIVA REDDY, S/0 SUBBA RAMI REDDY, ABOUT 36 YEARS, OCC. MULTI REHABILITATION WORKER (PHYSIOTHERAPIST), R/0 7-1-875, GANDHI NAGAR, BADVEL TOWN, KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND REP. BY ITS PRINCIPAL MEDICAL AND HEALTH AND FAMILY 1.THE STATE OF AP, SECRETARY, WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER, HEALTH AND FAMILY WELFARE AND MISSION DIRECTOR, NATIONAL HEALTH MISSION, MANGALAGIRI, GUNTUR DISTRICT. MEDICAL AND HEALTH OFFICER, 3.THE DISTRICT KADAPA, YSR DISTRICT. 4.THE SUPERINTENDENT, MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, CHS AND DSH, BADVEL, YSR DISTRICT. 2 W.P.NO.17065!OFi, ...RESPONDENT(S): V, ^Ph«Wh ■ , Rehabilitation Dis^bv b^t Community Health Center, Badvel 2^2rL 06 Zr period i.e., 17-03- ,rh , \ -°6-2024 as leave period on a loss pay as beino arbitrary, illegal and violative of Articles 14 and 1Q r.f Constitution of India and consequently direct the 2nd Re^pondlnl to consider the petitioner's joining letter for continuafon ervices as Multi Rehabilitation Worker (Physiotherapist) at Community Health Center, Badvel, YSR DiLic^ by treaSng unauthorized absence period i.e., 17-03-2024 to 11-06-2024 leave period on a loss pay and pass the Worker YSR of my as jA NO: 1 OF Petition under Section 151 CPC praying that in thP circumstances stated in the affidavit filed in support of he 2ND r' to direct dtHO,™ i"°2"202T Representations arMulT R^ P®™®"®'"" letter for oonHnuatL^nors'r^icis Health ‘cers absence period i.e., 17-03-2024 to 11-06-2024 on a loss pay, in petition and pass the r. . . leave period a fixed time frame pending disposal of the writ Counsel for the Petitioner: 1.NANDIREDDY VISHNU VARDHAN REDDY Counsel for the Respondent(S): 3 CGR,J W.P.NO.17065 OF 2025 1.GP FOR SERVICES I The Court made the following: 4 CGR,J W.P.N0.17065 0[j2025 ORDER Petitioner has been appointed as Multi Rehabilitation Worker (Physiotherapist) at Community Health Center, Badvel, YSR District on contractual post vide proceedings No.RC.No.3911/C1-NHM Rect./2020, dated 31.12.2020. He applied for leave on 16.03.2024 due to medical reasons, as the 4**^ respondent has not accorded leave, due to compelling reasons the petitioner absented from 17.03.2024 to 11.06.2024. Later, petitioner reported back to duties, however he was not allowed to join duty and therefore, he made a representations dated 10.07.2024, 18.12.2024 and 27.03.2025, which are stated to be pending consideration before the 2^^ respondent. Even with reference to the petitioner’s representations, the 3^*^ respondent by proceedings dated 26.06.2024 addressed to 2^^ respondent. seeking for instructions to condone the unauthorized absence period, as that of leave for loss of pay, at request of the petitioner. 2. Heard Mr.N.Vishnu Vardhan Reddy, learned counsel for \ the petitioner and learned counsel for the Service-1 for respondents. 3. Learned counsel for the petitioner submits that it would suffice to direct the 2'^'^ respondent to consider the petitioner’s 5 W.P.N0.17065 0F20. ' representation and pass appropriate orders by considering the medical reasons and also the request to condone the unauthorized absence by treating it as leave with loss of pay. 4. Learned Assistant Government Pleader for Services-I the other hand, submits that as the petitioner’s representations are pending and the same would be considered and disposed in accordance with law. on 5. Accordingly, without expressing any opinion the matter, with the consent of both the learned on merits of counsel, the Writ Petition is disposed of at the admission stage, by directing the 2 nd respondent to consider and pass appropriate orders petitioner’s representations, 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. on As a sequel, miscellaneous applications, shall stand closed. pending if any. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department, State of Andhra Pradesh Velagapudi, Guntur District. 2. The Commissioner, Health & Medical & Health and Family Welfare Secretariat Buildings, ^F^ily Welfare & Mission Director, National Health Mission, Mangalagiri, Guntur District. 3. The District. Medical & Health Officer, Kad^j^ YSR District. p f' ir-* ' 4. The SuperifUendent, Medical Officer, Community Health Centre, CHS & DSH, Badvel, YSR District. 5. One CC to Sri Nandire^y Vishnu Vardhan Reddy, Advocate [OPUC] 6. Two CCs to GP for^rvices-l. High Court of Andhra Pradesh [OUT] 7. Two CD Copies ssb I < - HIGH COURT DATED;10/07/2025 ORDER WP No. 17065 OF 2025 ^OF ANO/*^% I 2 3 JUL 2025 Current Section ^ ^^SPATCVAeO m DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS