APHC010407182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20880 OF 2025 Between: V Prabhakara Rao, S/o. V. Uma Maheswararao, Age 60 years, Occ Multi Purpose Health Supervisor (M) District Leprosy and TB Control Officer,, Eluru, Eluru District.. ...Petitioner AND 1. The State Of Andhra Pradesh, rep by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Director of Public Health and Family Welfare, State of A.P, Vijayawada, Krishna District. 3. The Regional Director of Medical and Health Services, Zone - II, Rajamahendravaram, East Godavari 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 an appropriate order or directions more particularly the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post Multi Purpose Health Extension Officer which is non selection post without reference to the one in charge memo vide G.O.Rt.No. 62 Health, Medical and Family Welfare (VC.1) Department dated 25.01.2023 (issue relating to the year 2013 to 2016) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Honble Court and consequentially direct the respondents to promote the petitioner as Multi Purpose Health Extension Officer in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 with all consequential 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 to direct the respondents to consider the petitioner claim for promotion to the post of Multi Purpose Health Extension Officer in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I The Court made the following order: 1 APHC010407182025 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: 20880/2025 Between: V Prabhakara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T S N SUDHAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20880/2025 The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Multi Purpose Health Extension Officer, which is non selection post, without reference to the Charge Memo vide G.O.Rt.No. 62, Health, Medical and Family Welfare (VC.1) Department, dated 25.01.2023 (issue relating to the year 2013 to 2016) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 as highly illegal and arbitrary. 2. The Petitioner is working as Multi Purpose Health Supervisor ( Male) since 2009. It is stated that now he is eligible and qualified for promotion to the post of Multi Purpose Health Extension Officer. While so, a Charge Memo was issued to the Petitioner vide Health, Medical and Family Welfare (VC.1) Department, dated 25.01.2023 making certain allegations. The Petitioner had submitted an explanation on 01.05.2023 denying the charge. As the Respondent Authorities are not considering the of the Petitioner for promotion to the said post on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. G.O.Rt.No.62, case 3 3. Learned counsel for the Petitioner allegations against the Petitioner submits that Charge Memo submits that the are not grave in nature. He further was issued in the year 2023 with reference to the allegations pertaining to the year 2013 to 2016. 4. Learned Assistant Government Pleader would the case of the Petitioner would be contend that considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Having heard the respective submissions, this Court i of the opinion that nature of the charges framed IS against the Petitioner and the abnormal delay in issuance of disciplinary proceedings are aspects to be considered while considering the case of Petitioner for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. 6. Accordingly, the present Writ Petition is disposed of with the following direction: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Multi Purpose Health Extension Officer subject to the Petitioner possessing requisite qualification in } 4 General Administration (Ser.C) terms of G.O.Ms.No.257 Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR SEC^lwtSFFICER //TRUE COPY// To, 1. The Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Director of Public Health and Family Welfare Vijayawada, Krishna District. State of A.P, 3. The Regional Director of Medical and Health Services Rajamahendravaram, East Godavari District. 4. One CC to Sri. T S N Sudhakar, Advocate [OPUC] 5. Two CCs to GP For Services I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. . Zone - II, AL HIGH COURT DATED:07/08/2025 ORDER WP NO. 20880 OF 2025 g 3 0 AUG 2025 ^ ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS