[ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TyVENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38242 OF 201« Between: S. Rajeshwari, W/o. Guru Prasad, Agkd (Awaiting Posting Orders) O/o. Executive Engineer, A. P. Education & Welfare Infrastructure Development Corporation, Chittoor, Chittoor Dist, A.P. 56 years. Superintendent ...Petitioner AND 1. A. P. Education & Welfare Infrastructure!Development Corporation, 5- 6-59/6/1 Chittinagar, Near Vijaya Mill Factory, Lambadipet, Vijayawada 520 001, rep. by its Managing Director, 2. The Executive Engineer, A. P, Education & Welfare Infrastructure Development Corpn., Chittoor Division, Chittoor, Chittoor Dist., A.P. 3. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Secondary Education Dept., Secretariat,Velagapudi/Amravathi, Guntur Dist., A.P. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India, declaring the action of the 1st respondent not issuing posting orders to the petitioner pursuance of the representations made by the petitioner on 09.08.2017 and 04.06.2018 and not regularizing the services of the petitioner from may in 11.01.2017 till date of issuing posting orders, by way of sanctioning . •‘medical leave from 1101.2017 to 08.08.2017 and treating the period "‘'^btween 09.08.2017 till date of issuing posting orders as compulsory wait, is ‘arbitrary, illegal, discriminatory, malafide and unconstitutional, violating '^Articles 14, 16 and 21 of the Constitution of India and issue consequential 0 directions, directing the 1st respondent to forthwith issue posting orders to the petitioner in pursuance of the joining report submitted by the petitioner along with medical reports and fitness certificate, by way of representations made by the petitioner on 09.08.2017 and 04.06.2018 and pay salary to the petitioner from 11.01.2017 till date of issuing posting orders in sanctioning medical leave from 11.01.2017 to 08.08.2017 and treating the period from 09.08.2017 till the date of issuing posting orders as compulsory wait and further direct the respondents to recover salary paid to the petitioner from the concerned officers who are responsible for not issuing posting orders to the petitioner from 09.08.2017. lA NO: 1 OF 2018 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 forthwith issue posting orders to the petitioner in pursuance of the representations made by the petitioner on 09.08.2017 and 04.06.2018, apart from paying salary to the petitioner from 04.01.2017 till the date of issuing posting orders in regularizing the period from 11.01.2017 to till the date of-posting orders by way of sanctioning medical leave from 11.01.2017 to 08.082017 and treating as compulsory wait from 09.08.2017 till the issuing of posting orders; Counsel for the Petitioner: SRI P V KRISHNAIAH Counsel for the Respondents Klo.l and 2: SRI V CH NAIDU (SC FOR AP HOUSING CORP) Counsel for the Respondent No.3: GP FOR EDUCATION The Court made the following: 1 1 I*' APHC010791152018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38242/2018 Between: S. Rajeshwari ...PETITIONER AND A P Education And Welfare Infrastructure Development ...RESPONDENT(S) Corporation and Others Counsel for the Petitioner: 1.P VKRISHNAIAH Counsel for the Respondent{S): 1.GP FOR EDUCATION (AP) 2. V CH NAIDU (SC FOR AP HOUSING CORP ) 3.. The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer; “ to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent not issuing posting orders to the petitioner in pursuance of the representations made by the 2 petitioner on 09.08.2017 and 04.06.20is and not regularizing the services of the petitioner from 11.01.2017 till date of issuing posting orders, by way of sanctioning medical leave from 11-01.2017 to 08.08.2017 and treating the period between 09.08.2017 till date of issuing posting orders as compulsory wait, is arbitrary, illegal, discriminatory, malafide and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direcdons, directing the 1^‘ respondent to forthwith issue posting orders to the petitioner in pursuance of the joining report submitted by the petitioner along with medical reports and fitness certificate, by way of representations made by the petitioner on 09.08.2017 and 04.06.2018 and pay salary to the petitioner from 11.01.2017 till date of issuing posting orders in sanctioning medical leave from 11.01.2017 to 08.08.2017 and treating the period from 09.08.2017 till the date of issuing posting orders as compulsory wait and further direct the respondents to recover salary paid to the petitioner from the concerned officers who are responsible for not Issuing posting orders to the petitioner from 09.08.2017 and pass such other order or orders ” 2. Heard Sri P.V.Krishnaiah, learned counsel for the petitioner and Sri V.Ch.Naidu, learned Standing Counsel for respondents 1 and 2. Learned counsel for the petitioner would submit that the petitioner has applied for medical leave and after expiry of the medical leave, she wanted to join in her post. 3. But the respondent authorities without sanctioning her medical leave and also not permitted her to join by issuing posting orders. Learned counsel would submit that the individual submitted her representations dated 09.08.2017 and 04.06.2018 to regularize her services and by sanctioning the medical leave from 11.01.2017 to 08.08.2017. But there is no response from the respondent authorities. Learned counsel would submit that a direction may be given to the respondent authorities to consider the representation of the petitioner and pass appropriate orders according to law. > • 3 % Learned Standing Counsel for respondents 1 and 2 would submit that Court may pass appropriate orders regarding the direction to the respondents 4. 1 and 2. Considering the submissions made, the Writ Petition is disposed of. However, the respondents 1 and 2 are directed to consider the representations of the petitioner keeping in mind the individual is also retired by this time and take appropriate decision according to governing rules and law, so as to enable the individual to receive her retiral or any attendant benefits due to her superannuation, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 5. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-GHELAN^U ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, The Managing Director, A. P. Education & Welfare Infrastructure Development Corporation, 5-6-59/6/1 Chittinagar, Near Vijaya Mill Factory, Lambadipet, Vijayawada 520 001. The Executive Engineer, A. P, Education & Welfare Infrastructure Development Corpn., Chittoor Division, Chittoor, Chittoor Dist., A.P. The Principal Secretary to Government, State of Andhra Pradesh, Secondary Education Dept., Secretariat,Velagapudi/Amravathi, Guntur Dist., A.P. One CC to SRI. P V KRISHNAIAH Advocate [OPUC] One CC to SRI. V CH NAIDU (SC FOR AP HOUSING CORP) Advocate [OPUC] Two CCs to GP FOR EDUCATION, High Court Of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. /= ■ -- 7. ■ K HIGH COURT \ \ DATED:08/05/2025 ORDER ? - ■ I WP.No.38242 of 2018 DISPOSSING THE WRIT PETITIION WITHOUT COSTS