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2025 DAILYLAW 42858 (AP)

KAMISETTY VINAY KUMAR, NELLORE DIST v. DIRECTOR OF MEDICAL EDUCATION CUM CHAIRMAN, KRISHNA DIST & 4

WP/40555/2016 · 2025-12-19

Maheswara Rao Kuncheam

body2025

Judgment text

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APHC010887122016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 40555/2016 Between: 1. KAMISETTY VINAY KUMAR, NELLORE DIST, S/O. SESHAIAH, AGED ABOUT 39 YRS, OCC PHYSIOTHERAPIST, O/O. ACSR GOVERNMENT MEDICAL COLLEGE, DARGAMITTA, NELLORE, SPSR NELLORE DIST ...PETITIONER AND 1. DIRECTOR OF MEDICAL EDUCATION CUM CHAIRMAN KRISHNA DIST 4, ZONAL LEVEL CADRE POSTS, GOVERNMENT OF ANDHRA PRADESH, AT VIJAYAWADA, KRISHNA DISTRICT. 2. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, (ZONE III) CUM MEMBER CONVENOR, ZONAL LEVEL CADRE POSTS, GUNTUR, GUNTUR DIST. 3. THE PRINCIPAL ACSR GOVERNMENT MEDICAL COLLEGE, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. 4. THE SUPERINTENDENT GOVERNMENT GENERAL HOSPITAL, DARGMITTA, NELLORE, SPSR NELLORE DISTRICT. 5. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, ANDHRA PRADESH SECRETARIAT VELAGAPUDI, GUNTUR 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 toIssue a writ, order or direction more particularly one in the nature of writ of Mandamus - declaring the action of the respondents 1 and 2 in not 2 sending the proposals for sanction of Budget under 300-OCS Account though the 4th respondent specifically directed the respondents 1 and 2 vide Memo No. 4060/A2/2015 dated 30-5-2015 and also not paying salary from 9-7-2015 to till date though the petitioner he is discharging. his duties on par with regular employees is illegal, arbitrary, discriminatory, violative of Article 300 of the Constitution of India and consequently hold that the petitioner is entitled to be paid salary on par with regular employees on the principle of equal pay for equal work including salary from 9-7-2015 to till date by sending necessary proposals with all consequential benefits and pass IA NO: 1 OF 2016(WPMP 49963 OF 2016 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 direct the respondents forthwith pay the salary due from 9.7.2015 to till date and continue to pay so long as the petitioner is continuing by obtaining necessary budget proposals pending disposal of WP in the in the interest of justice and to 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 Pleased to grant leave to the Respondents to file Counter Affidavit and to pass Counsel for the Petitioner: 1. A RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH & FW(AP) The court made the following ORDER:- When the matter is called, learned counsel for the petitioner appearing through virtual mode, submits that in view of the subsequent events taken place in the lis, the amounts sought in the writ petition were already paid by the respondents. Hence, the cause in the writ petition does not survive for adjudication and the matter has become infructuous. 3 2. Recording the submission made by the learned counsel for the petitioner, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 20.12.2025 GVK 4 28 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.40555 of 2016 Date: 20.12.2025 GVK