'-S k APHC010386712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20719 OF 2025 Between: 1. N Babi, S/o. Edwin Watson, Aged 53 years, R/o. Flat No.501, Sri Jagannatha Residency, Mangapuram Colony, Maddilapalem, Visakhapatnam District-530017. 2. D.Satyavathi,, D/o. Tatayya, Aged 52 years, R/o. Sivapuram, Narsipatnam Anakapalli District. / ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Family Welfare CFW, Mangalagiri, Guntur District. 3. The Director of Public Health and Family Welfare, Gollapudi, Vijayawada Krishna District. 4. The Regional Director, Medical and Health Services, Zone-1, Visakhapatnam. ...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 impugned action of respondents in not considering petitioner for promotion to the post of Medico Social Worker Grade-1, against the existing vacancies fallen vacant during the present panel year 2024-25, inspite of amendment to Rule 28, of A.P. State and Sub ordinate Service Rules, issued vide G.O.Ms.No.92 GAD Department, dt 28.08.2023, as illegal, arbitrary, violative of Article 14 A and 16 of the Constitution of India, apart from contrary to the A.P State and Sub-ordinate Service Rules, consequently direct the respondents to consider the petitioners, for promotion to the post of Medico Social Worker Grade-1, against the vacancies existing in KG Hospital, Visakhapatnam, which have fallen vacant during the present panel year 2024-25, by conducting DPC, in the interest of justice. 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 to consider the petitioners for promotion to the post of Medico Social Worker Grade-1, against the vacancies existing in KG Hospital, Visakhapatnam, which have fallen vacant during the present panel year 2024-25, by conducting DPC forthwith as panel year 2024-25, is going to end by 31st August 2025, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: 1 APHC010386712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20719/2025 Between: N Babi and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.G VSHIVAJI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20719/2025 The present Writ Petition is filed questioning the action of the Respondents in not considering the Petitioners for promotion to the post of Medico Social Worker Grade-I against the existing vacancies fallen vacant during the panel year 2024-25 contrary to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 Administration ( Services.D), dated 28.08.2023. as amended vide G.O.Ms.No.92 General 2. The facts leading to filing of the present Writ Petition are as follows: The Petitioner No.1 was initially appointed as Health Assistant ( Male) on 02.09.1995 and thereafter, he was promoted as Multi Purpose Supervisor (Male) in the year 2007 and further promoted as Multi Purpose Health Extension Officer in the year 2017. The next available post for promotion to the Petitioner is the Lecturer in Social Science in the cadre of Medico Social Worker The Petitioner No.2 was initially appointed as Multi Purpose Health Assistant (Female) in the year 1996 and thereafter, she was promoted as Health Educator in the year 2009 Grade-1 . 3 1 and she is entitled for promotion to the Worker Grade-1. The Petitioners had forgone their post of Medico Social promotion, which was offered to them in March-April, 2025 for personal Subsequently, the Respondent Authorities sought to fill up two other additional vacancies and the names of the Petitioners were not being considered and hence, the present Writ Petition is filed. reasons. 3. Learned counsel for the Petitioners would submit that the Petitioners are entitled to be considered for promotion notwithstanding the relinquishment in March-April, 2025 in view of Rule 28 of the Andhra Pradesh State Subordinates Service Rules 1996, as amended vide G.O.Ms.No.92, General Administration (Services.D), dated 28.08.2023. 4. Learned Assistant Government Pleader would submit that the case of the Petitioners would be considered as per rules. 5. Heard the respective counsel. 6. The Rule 28 of the A.P. State and Subordinate Service Rules 1996, as amended vide G.O.Ms.No.92, dated 28.08.2023 as under: reads 4 AMENDMENT In the said rules, in Rule-28, after the proviso, the following shall be added namely;- Explanation: (i) In respect of promotion to a member of service, who has exercised relinquishment of promotion due to any reason. Rule 28 does not disentitle him/her from being considered for promotion in a future vacancy merely because he/she had relinquished his/her right under the Rules for Promotion earlier' (ii)Relinquishment of right or privilege of promotion to a particular vacancy would not amount to permanent relinquishment of right of privilege for promotion to that particular vacancy. The Rule-28 cannot be read or interpreted to mean that his/her right to be considered for promotion to any vacancy arising in future also is permanently extinguished, (iii) The relinquishment of an opportunity for Promotion, which arose for an employee occupying certain place in seniority list in the Panel year, in view of a vacancy that arose then, in view of the fact that he/she was eligible for promotion in the light of the criteria laid down in the Rules, would mean that the extent the privilege has been relinquished is confined to the privilege related to that particular vacancy/panel year which was available to him/ her by virtue of the above mentioned circumstances. The Rule cannot be interpreted to mean that the relinquishment was in respect of future vacancies also. Therefore, the right of the Member of service shall be considered in future vacancy for promotion, if otherwise eligible”. I "S As per the explanation Nos. 1 and 2, the individuals who relinquished their right of promotion can be considered for future 5 *1 vacancies. 7. As the vacancies that are being considered to be filled up are posterior to the relinquishment by the Petitioner, this Court is of the opinion that the present Writ Petition can be disposed of with the following direction: (i) the Respondents are directed to consider the case of the Petitioners for promotion to the post of Medico Social Worker Grade-I in terms of Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996. (ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT! REGISTRAR //TRUE COPY// SE FICER To, 1. The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Family Welfare CFW, Mangalagiri, Guntur District. 3. The Director of Public Health and Family Welfare, Gollapudi, Vijayawada, Krishna District. 4. The Regional Director, Medical and Health Services, Zone-1, Visakhapatnam. 5. One CC to Sri G V Shivaji, Advocate [OPUC] 6. Two CCs to GP for Services - I, High Court of Andhra Pradesh [OUT 7. Two CD Copies HIGH COURT DATED:07/08/2025 i ? 2 AUG 2(175 . Current Seciion , ORDER WP NO. 20719 OF 2025 mii disposing of the WP WITHOUT COSTS