APHC010403112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21018 OF 2025 Between: V Nirmala Kumari, W/o Late K.A.M.Mani, aged 59 years, Resident Flat No 402-A, Navya Nu life Apartments, Sheela Nagar, Vishakapatam-12. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Director of Public Health and Family Welfare, Government of A.P., Gollapudi, Vijayawada. 3. The Regional Director of Medical and Health Services, Visakhapatnam. 4. The District Medical and Health Officer, Anakapalli District, Anakapalli. ...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, declare the action of respondents, in not considering the candidature of the petitioner for promotion to the post of office superintendent in Medical and Health Department, on mere pendency of Charge Memo Vide / / / G.O.Rt.No.204 Health, Medical and Family Welfare 2019, issued by 4*^ respondent and Article 16 of the Constitution of India Natural Justice, Consequently direct candidature of the petitioner for promotion Department, dt. 21-03- as illegal, arbitrary and Violative of Article 14 , apart from contrary to Principles of the respondents to consider the to the post of office superintendent, without reference to the Charge Memo Vide G.O.Rt.No.204 Health, Medical and Family Welfare Department, dt. 21 of similar orders 03-2019, by duly extending the benefit passed in W.P.No.18292 of 2021 and Vide order on par with juniors W.P.No.14683 of 2025 dt: 25.06.2025 and 01.08.2022 earlier promoted, in the interest of Justice. jA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to grant interim directions, directing the also for promotion to the respondent to consider the petitioner post of Superintendent without reference to the Charge Memo issued against petitioner vide G.O.Rt.No.204 Health Medical and Family Welfare Department, dt. 21-03-2019, on par with other candidates slated for consideration vide proceedings Rc.No.955/BI/2022, dt 18 07 2025 on the file of 3^ respondent pending disposal of the above Writ Petition. Counsel for the Petitioner: Counsel for the Respondents: SRI G V SHIVAJI GP FOR MEDICAL HEALTH & FAMILY WELFARE The Court made the following order: 1 r' 5' 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; ...PETITIONER{S) N Babi and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S); 1.G VSHIVAJl Counsel for the Respondent(S): 1.GP FOR SERVICES ! The Court made the following; / THE HONOURABLE SRI JUSTICE NYAPATHY WRIT PETITION NO: 21018 OF 7()9Fi VIJAY ORDER: The present Writ Petitign is filed Respondents in seeking to supersede the Petitioner questioning the action of the in promotion to the post on account of No.204, dated 21.03.2019 issued by of Office Superintendent in Medical and Health Department pendency of Charge Memo vide G.O.Rt the Respondent No.1 as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows;- The Petitioner Government Hospital Petitioner was promoted was initially appointed as Junior Assistant on 19.05.1986 at Anakapalli compassionate grounds. The on as Senior Assistant on 01.12.1993 and transferred to various places subsequently. While she was working as District Medical and 2003 to 2013, there Health, Visakhapatnam from against the Petitioner for 73 of 2014 were allegations made misappropriation of funds and a case in Crime No. was registered against the Petitioner and others, was suspended and she made The Petitioner a representation to revoke her suspension, years, her suspension however after lapse of 3 14 a Charge Memo for departmental Petitioner in the year 2019 and G O.Rt.No.397, dated 25.05.2022 was revoked. Subsequently proceedings had been issued to the appointed an enquiry office vide i.e after 5 years. Till date. no enquiry was IS no progress in the disciplinary case. Petitioner refuting the aforesaid charge and enquiry is conducted and there i* submijted statement of defence , ( stated to be pending. Petitioner is now due for promotion to the post of Office Superintendent in Medical and Health Department, however, on account of pendency of departmental proceedings, her case is not being considered. 3. Learned counsel for the petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore. Petitioner cannot be denied his right to be considered for promotion. Even otherwise. Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 5. Having heard the respective counsel and taking note of the fact that there is no progress in the departmental enquiry contrary to the time frame as fixed vide G.O.Ms.No.91, dated 12.09.2022, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage with following directions; W (i) The Respondents are directed to consider the case of the Petitioner for promotion to the post of Office Superintendent in Medical and Health Department, in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. (ii) The Respondents are also directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. (iii) The Disciplinary Authority as well as Enquiry Officer and Presenting Officer shall be answerable for the delay in concluding the enquiry within the time frame as mentioned above. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- P. VINOD I0MAR ASSISTANT REGISTRAR //TRUE COPY// (^r^'oFFlCER SE To, 1. The Special Chief Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Director of Public Health and Family Welfare, Government of A.P., Gollapudi, Vijayawada. 3. The Regional Director of Medical and Health Services, Visakhapatnam. 4. The District Medical and Health Officer, Anakapalli District, Anakapalli. 5. One CC to Sri G V Shivaji, Advocate [OPUC] 6. Two CCs to GP for Medical Health & Family Welfare, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM HIGH COURT \ DATED: 11/08/2025 OFAIig It ^ ^ AOG 2825 ^ Current Swtton ORDER WP NO. 21018 OF 2025 DISPOSING OF THE WP WITHOUT COSTS