IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAT (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 508 OF 2025 Between: Kaza Suresh Babu, S/o (Late) Seetharama Swamy, age57 Yrs, Occ Working as Asst Medical officer of Health, R/o. Plot No.205, 2^"^ Floor, Venkataramana Enclave, Venkaiah Nagar, Gollapudi, Vijayawada (urban)- 521225. ...PETITIONER AND 1. The State of Andhra Pradesh; Rep by its PrI. Secretary, Health, Medical and Family Welfare Department, Secretariat buildings, Velagapudi, Amaravathi-522237. 2. Commissioner Health and Family Welfare, D.No. 189, 2'"'^ floor, Himagna towers Vijayawada, Andhra Pradesh. 521225. 3. The Director of Public Health and Family Welfare, D.No. 189, 2"^ Floor Himagna Towers NTR Marg LIC Colony, B-block, Gollapudi, Vijayawada, Andhra Pradesh- 5212225. 4. Commissioner, A.P Vaidya Vidhana Parishad, Vaddeswaram Village, Guntur District-522502. 5. Commissioner and Director Municipal Administration, Prime Hill Crest, Floor, Near DGP Office, Vaddeswaram Village, Mangalagari, A.P- 522502.. 6. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Jawaharlal Nehru Building, Canal Road, One Town, Vijayawada - 520001. NTR Marg LIC Colony, B-block, Gollapudi, ...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 particularity one in the nature of WRIT OF MANDAMUS or any other appropriate direction to 1 to 6 Respondents here in, for not taking action against the representation made to the Respondent-3 to accommodate and continue the Petitioner Deputation in the same post of Assistant Medical Officer of Health in Vijayawada is illegal, arbitrary and unconstitutional and violation of article 14, 16, and 21 of the constitution of India and as par Memo No. 22777/113/FR. II/12 dated 11.09.2012 of Govt, of Andhra Pradesh Finance (FR.II) Dept. on 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 1 to 6 to consider the request Representation of the Petitioner made to Respondent-3 dated 12.11.2024 to extend his tenure of Deputation as Assistant Medical Officer of Health in Vijayawada Municipal Corporation for a further period of 2 years from 01.02.2025 onwards as he has specialized in Social and Preventive Medicine, which posts are not fall vacant in Municipal Corporations or till he gets his promotion as Additional Dist Medical and Health Officer, and pending disposal of the Writ Petition. Counsel for the Petitioner: SRI HARSHA VARDHANA RAO C Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES IV Counsel for the Respondent No.6:SRI J. DILEEP KUMAR, SC FOR MUNICIPAL CORPORATION The Court made the following: ORDER f APHC010005592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) :: THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 508/2025 Between: 1.KAZA SURESH BABU, S/0 (LATE) SEETHARAMA SWAMY, AGE57 YRS, OCC WORKING AS ASST MEDICAL OFFICER OF HEALTH, R/0. PLOT NO.205, 2ND FLOOR, VENKATARAMANA ENCLAVE, VENKAIAH NAGAR, GOLLAPUDI, VIJAYAWADA (URBAN)-521225. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI-522237. 2.COMMISSIONER HEALTH AND FAMILY WELFARE, D.NO. 189, 2NDCFLOOR. HIMAGNA TOWERS NTR MARG LIC COLONY, B- BLOCK, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH. 521225. 3.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, D.NO. 189, 2NDFLOOR HIMAGNA TOWERS NTR MARG LIC COLONY, B- BLOCK, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH- 5212225. 4.COMMISSIONER, A.P VAIDYA VIDHANA PARISHAD, VADDESWARAM VILLAGE, GUNTUR DISTRICT-522502. 5.COMMISSIONER AND DIRECTOR MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, \ VADDESWARAM VILLAGE, MANGALAGARI, A.P-522502.. 6.THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER JAWAHARLAL NEHRU BUILDING, CANAL ROAD SRS.J W.P.No.508 of 2025 ONE TOWN, VIJAYAWADA -520001. ...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 particularity one in the nature of WRIT OF MANDAMUS or any other appropriate direction to 1 to 6 Respondents here in, for not taking action against the representation made to the Respondent-3 to accommodate and continue the Petitioner on Deputation in the same post of Assistant Medical Officer of Health in Vijayawada is illegal, arbitrary and unconstitutional and violation of article 14, 16, and 21 of the constitution of India and as par Memo No. 22777/113/FR. 11/12 dated 11.09.2012. of Govt of Andhra Pradesh Finance (FR.II) Dept., and pass 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 1 to 6 to consider the request Representation of the Petitioner made to Respondent-3 dated 12.11.2024 to extend his tenure of Deputation as Assistant Medical Officer of Health in Vijayawada Municipal Corporation for a further period of 2 years from 01.02.2025 onwards as he has specialized in Social and Preventive Medicine, which posts are not fall vacant in Municipal Corporations or till he gets his promotion as Additional Dist Medical and Health Officer, and pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. HARSHA VARDHANA RAO C Counsel for the Respondent{S): 1.GP FOR SERVICES IV SRS.J W,P,No.508 of 2025 The Court made the following: :: ORDER :: The petitioner, Assistant Medical Officer of Health, filed the above writ petition to declare the inaction of respondent No.3 in considering the representation dated 12.11.2024 (Ex.P1) made by him seeking to extend the deputation by two more years on Foreign Service, as illegal and arbitrary. 2. The petitioner was transferred to Foreign Service on deputation to Municipal Corporation, Vijayawada for five years i.e. from 01.02.2020 to 31.01.2025. The petitioner made a representation dated 12.11.2024 (Ex.P1) to respondent No.3 as well as to the Commissioner of Municipal Corporation, Vijayawada. The Commissioner of Municipal Corporation, in turn, forwarded the representation to respondent No.2 vide Rc.No.C1-111164/2011 E.No.19754, dated 08.12.2024 (Ex.P3). 3. At the hearing, learned counsel for the petitioner would confine his arguments and urged to direct the respondent No.2 to consider the representation dated 12.11.2024 (Ex.P1) made by the petitioner and the communication forwarded by the Commissioner of Municipal Corporation, Vijayawada. 4. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.VenkateshV 5. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission (2019) 8 SCALE 544 A SRS,J W.P.No.508 of 2025 of both the learned counsel, directing respondent authorities made by the petitioner vide Ex.P1 and with the consent to consider the representation communication Vijayawada, strictly as per possible preferably forwarded by the Commissioner of Municipal Corporation, law and pass appropriate orders, as expeditiously within four (04) weeks. There shall be no order as to as costs. sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-K.SR1N1VASARAJU assistant registrar SECTION OFFICER As a //TRUE COPY// To, The PrI. Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, 1. Amaravathi-522237. The Commissioner, Health and Family Welfare, D.No. 189, 2"^^ floor, NTR Marg LIC Colony, B-block, Gollapudi, 2. Himagna towers, Vijayawada, Andhra Pradesh. 521225. The Director of Public Health and Family Welfare, D.No.189, 2 Floor Himagna Towers NTR Marg LIC Colony, B-block, Gollapudi, Vijayawada, Andhra Pradesh- 5212225. Commissioner, A.P Vaidya Vidhana Parishad, Vaddeswaram Village, Guntur District-522502. 3. 4. The Commissioner and Director of Municipal Administration, Prime Hill Floor, Near DGP Office, Vaddeswaram Village, Mangalagari 5. th Crest, 4 A.P-522502.. 6. The Commissioner, Vijayawada Municipal Corporation, Jawaharlal Nehru Building, Canal Road, One Town, Vijayawada -520001. 7. One CC to Sri Harsha Vardhana Rao C, Advocate [OPUC] 8. One CC to Sri J. Dileep Kumar, SC for Municipal Corporation[OPUC] 9. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:09/01/2025 ORDER WP.No.508 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS