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2025 DAILYLAW 36721 (AP)

DrV.R.Meenakshi, v. The State of Andhra Pradesh,

WP/187/2025 · 2025-01-07

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SRS,J W.P.No.187 of 2025 APHC010602562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 187/2025 Between: 1. Dr. V.R.MEENAKSHI, W/O Dr.S.V. RAMA MURTHY AGED ABOUT 58 YEARS, OCC-CIVIL SURGEON SPECIALIST(OBG), GYNECOLOGIST, AREA HOSPITAL, SALUR, PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, MEDICAL HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, STATE OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 3. THE DIRECTOR OF SECONDARY HEALTH, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, VIZIANAGARAM, AT VIZIANAGARAM. 5. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, PARVATHIPURAM MANYAM DISTRICT, AT PARVATHIPURAM. 6. THE MEDICAL SUPERINTENDENT, AREA HOSPITAL, SALUR, VIZIANAGARAM DISTRICT. Page 2 of 5 SRS,J W.P.No.187 of 2025 7. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 8. DR A K RATNA KUMARI, W/O DR SURYANARAYANA, AGED ABOUT 45 YEARS, OCC- CIVIL SURGEON SPECIALIST(PEDIATRICIAN) AREA HOSPITAL, SALUR, PARVATHIPURAM MANYAM DISTRICT. ...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 tomay be pleased to issue a writ or order particularly one in the nature of Mandamus declaring the action of the 8th respondent in not handing over the charge of In-charge Medical Superintendent, Area Hospital. Salur to the petitioner pursuant to the orders of the 4th respondent in Rc No. 752/1/2024 dt 13.09.2024 is illegal, arbitrary and violative of Article 14, 16 and 21 of Constitution of India and consequently direct the 8th respondent to handover the charge of In-charge Medical Superintendent, Area Hospital, Salur to the petitioner forthwith and pass IA 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 may be pleased to direct the 4*^ respondent to take action on petitioner’s representation dt 26.11.2024 forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. GP FOR SERVICES I The Court made the following: SRS,J W.P.No.187 of 2025 ::ORDER:: The grievance of the petitioner, Assistant Surgeon Specialist, is that by proceedings in Rc.No.752/E1/2024 dated 13.09.2024 (Ex.P3), he was kept as in charge Medical Superintendent, Area Hospital, Salur, despite which, respondent No.8 is not handing over the charge. Thus, the petitioner made representation dated 26.11.2024 (Ex.P1) to respondent No.4. However, the representation has not yielded any result. Hence, the writ petition. 2. Heard Smt. T.V. Sridevi, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services, for the respondents. 3. Learned Assistant Government Pleader for Services, produced a copy of the instructions, furnished by respondent No.4 and submitted that there are complaints against the petitioner and hence, the proceedings were orally, kept on hold. 4. A perusal of the instructions discloses that the proceedings (Ex.P3) issued by respondent No.4, were kept on hold on 14.09.2024, following the telephonic call of the MLA, Saluru –cum- Minister of Women & Child Welfare, Government of Andhra Pradesh and the Chairperson of the Hospital Development Society, Area Hospital, Saluru. 5. Having appointed the petitioner as the incharge Medical Superintendent by proceedings (Ex.P3), without passing any speaking order, keeping the proceedings, orally, on hold, is not permissible. The concerned authorities shall pass a speaking order, but not to act upon the oral instructions of Member of Legislative Assembly. 6. Given the facts and circumstances, without touching the merits of the matter, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned respondent No.4 to SRS,J W.P.No.187 of 2025 consider the petitioner’s representation dated 26.11.2024 and pass appropriate orders in pursuance of Ex.P3, strictly as per the Rules, as expeditiously as possible, within three weeks from the receipt of a copy of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Dated 07.01.2025 IKN SRS,J W.P.No.187 of 2025 107 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.187 OF 2025 Dated 07.01.2025 IKN