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2025 DAILYLAW 3277 (AP)

KUMARI C VANINAIDU v. THE COMMISSIONER/DIRECTOR OF SECONDARY HEALTH SERVICES

WP/774/2025 · 2025-01-10

K Manmadha Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 774 OF 2025 Between: Kumari C Vaninaidu, D/o. Chinappa, aged about 43 years, Presently Working as Lab Technician Pamidi, Anathapuramu District. ...PETITIONER AND 1. The Commissioner/Director of Secondary Health Services, Tadepalli, Guntur District. District Coordinator Hospital Ananthapuramu District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat, Velagapudi, Guntur District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction particularly one in the nature of Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dt. 19.07.2024, for posting her in existing vacancy at Ananthapuramu as illegal, arbitrary and amounts to inaction the part of the authorities apart from violation of articles 14 the Constitution of India. 2. The Services, Ananthapuramu on 16, and 21 of lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 and pass appropriate orders immediately consider the representation dt. 19.07.2024. Counsel for the Petitioner: SRI C SRINIVASA BABA Counsel for the Respondents: GP FOR SERVICES IV The Court made the following: ORDER APHC010014832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) EES [3310] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 774/2Q2fi Between: Kumari C Vaninaidu ...PETITIONER AND The Commissioner/director Of Secondary Health Services and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.0 SRINIVASA BABA Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2. The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- to issue a Writ, Order or Direction, more Particularly one in the nature of Writ of Mandamus, directing the 1®' respondent to consider the representation of the petitioner dated 19.07.2024, for posting her in the existing vacancy at Ananthapuramu and pass such ’’ 2 The case of the petitioner in brief is that the petitioner was appointed as 2. Lab Technician in the year 2005. Ever since her appointment till date she has been discharging her duties with utmost devotion and dedication. At present, she has been working at Pamidi for the past 6 years. To the ill-luck of the petitioner she is subjected to acute ill-health. Petitioner is the single lady and no one was there to support her at Pamidi. Her parents, who are residing at Ananthapuramu, are also suffering from acute diabetes and need regular medical care. Petitioner made a representation dated 19.07.2024 to the respondent to post her in a clear existing vacancy at C.D.Hospital Ananthapuramu, which is vacant since 31.07.2024, but the request made by the petitioner was not considered till date. Hence, the present Writ Petition is filed. Heard Sri C.Srinivasa Baba, learned counsel for the petitioner and the 3. learned Government Pleader for Services-ll appearing for the respondents. On hearing, learned counsel for the petitioner submits that though the 4. petitioner has submitted representation, dated 19.07.2024 to the 1®' respondent requesting to post her in a clear existing vacancy at C.D.Hospital, Ananthapuramu, which is vacant since 31.07.2024, but the respondent authorities have not considered the said representation, which is illegal. arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. V I. 3 5. Learned Government Pleader appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader, the 1®' respondent is directed to consider and dispose of the representation dated 19.07.2024 submitted by the petitioner within a period of two (02) months from the date of receipt of a copy of this order. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/-K.SRINIVASA RAJU ASSISTANT REGISTf^R //TRUE COPY// SECTION OFFICER To. 1. The Commissioner/Director of Secondary Health Services, Tadepalli, Guntur District. 2. The District Coordinator Hospital Services, Ananthapuramu, Ananthapuramu District. 3. The Principal Secretary, Medical and Health Department, Secretariat, Velagapudi, Guntur District 4. One CC to Sri C Srinivasa Baba Advocate [OPUC] 5. Two CCs to GP for Services IV, High Court of A.P. [OUT] 6. Three CD Copies TF HIGH COURT DATED:10/01/2025 ORDER WP.No.774 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS