IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31461 OF 2024 Between: Dr. M. V. D. L. Sathyanarayana, S/o. Suryanarayana Murthy, Aged about 59 years, Occ: Assistant Professor. Government Medical College (GMC) Kadapa, YSR Kadapa District. ...PETITIONER AND 1. The State of AP, rep by its Principal Secretary, Health, Medical & Family Welfare Department Secretariat. Velagapudi, At Amaravathi, Guntur District. 2. The Director of Medical Education, State of Andhra Pradesh Vijayawada, NTR District. ...RESPONDENTS Petitiori 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, in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Associate Professor without reference to the charge memo vide one G.O.Rt.No. 547 Health, Medical and Family Welfare Department (VC.1) dated 26.10.2018 in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 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 Hon’ble Court and consequentially direct the respondents to promote the petitioner as Associate Professor in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Associate Professor in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition. Counsel for the Petitioner: SRI R. GOPI MOHAN Counsel for the Respondents: GP FOR SERVICES IV The Court at the stage of admission made the following: ORDER APHC010602802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) h; [3331] r» * FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31461/2024 Between: 1.DR M V D L SATHYANARAYANA, S/0. SURYANARAYANA MURTHY, AGED ABOUT 59 YEARS, OCC ASSISTANT PROFESSOR. GOVERNMENT MEDICAL COLLEGE (GMC), KADAPA, YSR KADAPA DISTRICT. ...PETITIONER AND 1 .THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT SECRETARIAT. VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF MEDICAL EDUCATION, STATE OF ANDHRA PRADESH, VIJAYAWADA, NTR 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 to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondentsnot considering the petitioner claim for promotion to the post of Associate Professor without reference to the charge memo vide G.O.Rt.No. 547 Health, Medical and Family Welfare Department (VC.1) dated 26.10.2018 in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 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 Hon’ble Court and consequentially direct the respondents to SRS,J W.P.No.31461 of 2024 promote the petitioner as Associate Professor in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and pass lA NO: 1 OF 2024 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 Associate Professor in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.R GOPI MOHAN Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri T.S.N. Sudhakar, learned counsel representing Sri R. Gopi Mohan, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services - I appeared for respondents. 2. A charge memo vide G.O.Rt.No.547 Health, Medical and Family Welfare (VC.1) Department, dated 26.10.2018 (Ex.PI) was issued against the petitioner. The petitioner submitted a written defence through the proper channel dated 09.02.2022 (Ex.P2). 3. Learned counsel for the petitioner would submit that though the petitioner is eligible for promotion to the post of Associate Professor, the respondent authorities are not considering the case of the petitioner because /') SRS,J W.P.No.31461 of 2024 of the pendency of the aforementioned charge memo. The petitioner made a representation dated 22.10.2024 (Ex.P4). 4. At the hearing, learned counsel for the petitioner would confine his arguments and urged to direct the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. In reply, learned Assistant Government Pleader for Services - I, did not refute the submission made by learned counsel for the petitioner. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the learned respondent authorities to consider the case of the petitioner for promotion to the post of Associate Professor in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration. There shall be no order as to the costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Health, Medical & Family Welfare Department State of AP, Secretariat. Velagapudi, At Amaravathi, Guntur District. 2. The Director of Medical Education, State of Andhra Pradesh Vijayawada, NTR District. 3. One CC to Sri R. Gopi Mohan, Advocate [OPUC] 4. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 5. Three C.D. Copies. Cnr HIGH COURT DATED:03/01/2025 ORDER WP.No.31461 of 2024 t? 5 2 0 JAN 2025 S ^* Curreni Section Co DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS