. A \ \ IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) :: AMARAVATI THIRTIETH DAY OF APRIL.# TWO THOUSAND AND TWENTY FIVE jfx | PRESENT THE HON BLE DR JUSTICE VENKATA JYOTHIRA/IAI WRIT PETITION N|0: 23122 OF mi o 'V# H PRATAPA Between: 1. D. Yesu Danam, S/o Phillip, Aged School Compound, Renta District, A.P. 2. Koyyaiamudi Jhansi, D/o Chandraiah. S.C. Colony, Phanidam District, A.P. 3. Salakapuram Mary Prameela years R/o H. No. 12-21-110/A, Guntur District, A.P. about 36 years, R/o L.D.S. Chintala Postal Mandal Guntur Aged about 35 years, R/o Post, Sattenapalli Mandal, Guntur D/o late Arthur, Aged about 32 Prakash Nagar, Narsaraopet, 4. Kota Venkata Nagalakshmi, D/o Seshagiri Rao, Aged about 38 thota, 1st line, Nehru years, R/o H.No. 8-1-149/B, Buchaiaha Nagar, Guntur, Guntur District, A.P. 5. M. Nagaraj, S/o Venkateswarlu Colony, Kalalapadu, Guntur District Aged about 24 years, R/o S.C. A.P. Cause Title in amended/substituted as per Court Order dated 06.03.2025 vide I.A.No.2 of 2018 in WP No.23122 of 2018. respect of Petitioner Nos.2 to 4 ...Petitioners AND 1. PrI. Secy., Medical and Health dept., State of A.P., The State of Andhra Pradesh, Rep by its Principal Secretary Medical and Health, A.P. Secretariat, Amaravathi, A.P. 2. The Commissioner, Health and Family Welfare, Gollapadu, Vijayawada, A.P. 3. The Mission Director, National Heath Mission, Velagapudi, Amaravathi, A.P. 4. the District Medical and Health Officer, Guntur District, Guntur., A.P. 5. The District Collector, Guntur District, Guntur., 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 may be pleased to issue a writ of Mandamus declaring the action of the respondents in not allowing the petitioners to join duty as Pharmacist in terms of the appointment order dated 10-12- 2016 of the 4th Respondent without assigning any reasons as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to permit the petitioners to join duty forthwith. c 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 permit the petitioners to join to duty in terms of the appointment order dated 10-12-2016 of the 4th Respondent pending disposal of the above writ petition. Counsel for the Petitioners: SRI. M PITCHAIAH Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) The Court made the following Order: 1 APHC010488172018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BjiiH ■ • M-.T -V [3396] 0 WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23122/2016 Between: D. Yesu Danam, and Others ...PETITIONER(S) AND PrI Secy Medical And Health Dept State Of A P and Others Counsel for the Petitioner(S): 1.M PITCHAIAH Counsel for the Respondent(S): 1.GP FOR MEDICAL HEALTH FW(AP) The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: ...RESPONDENT(S) “...to issue a writ of Mandamus declaring the action of the respondents allowing the petitioners to join duty as Pharmacist in terms of the appointment order dated 10.12.2016 of the 4th Respondent without assigning any reasons as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to permit the petitioners to join duty forthwith and to pass... ” Heard Sri M. Pitchaiah, learned counsel for the petitioners and the learned Assistant Government Pleader for Medical Health for the respondents. in not 2. 3. Learned counsel for the petitioners of Andhra Pradesh issued G.O.Ms.No. Programme and for filling up different posts District Early Intervention Learned counsel for the petitioners herein applied for the post of Pharmacist and subsequently, appointment orders dated would submit that the Government 71 dated 22.06.2016 for school Health in Mobile Health Team and 13 Centers(DEIC) for implementation of R.B.S.K. would further submit that the petitioners and were selected for the said post 10.12.2016 were issued along with their place of posting. After receiving the appointment orders, petitioners their joining reports. But the approached the concerned P.H.C and submitted concerned Medical Officers refused to acknowledge the receipt of their joining reports and not allowed the petitioners to other. Thereafter, the 4'^ join their duty on one pretext or the stating Vijayawada did not issue any further were not taken to duty and as and are received, the petitioners will be taken to duty. respondent issued a letter dated 29.08.2017 that since the Director of Family Welfare, orders to take the petitioners to duty, they when the orders 4. On the other hand, learned Assistant Government the counter affidavit filed by the Pleader basing upon respondents would submit that the programme i.e., Rashtriya Bal Swasthya Karyakram nature and the proposals programme is annual in are to be submitted every year to the Government India. The selection is purely temporary and for of a fixed plan period. Accordingly, the Special Chief Secretary has directed to postpone the proposed Training in view of in-adequate staff and without Medical Officer screening could not be done. The selected , the candidates were not admitted for 3 ' duty because of non availability of Medical Officers who are key persons in screening the children and in the interest of implementation of programme. Learned Assistant Government Pleader would further submit that as villages and ward secretariat Auxiliary Nurse and Midwife (ANMs) and B.Sc nursing Community Health Officers (CHOs), Primary Health Centre (PHC) Medical Officers are screening the children, the pattern of Mobile Health Teams is not required. Learned Assistant Government Pleader finally submits that the Mobile Health Teams are not functioning under Ftashtriya Bal Swasthya Karyakram programme and prays for the dismissal of the petition. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned Assistant Government Pleader, since the Mobile Health Teams are not functioning under R.B.S.K Programme because of non-availability of Medical Officers who are key persons in the implementation of the programme and also the fact remains that the appointment of post of Pharmacist in the Mobile Health Team is on purely temporary basis for a certain plan period and the period has already 5. completed, the petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. 6. Pending applications, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTAISJ REGjSTRAR SECTION OFFICER //TRUE COPY// To, M PITCHAIAH Advocate [OPUC] MEDICAL HEALTH FW(AP) .High Court Of 1. OneCCto SRI. 2. Two CCs to GP FOR Andhra Pradesh. [OUT] 3. Three CD Copies vna T \ HIGH COURT DATED:30/04/2025 ORDER WP.No.23122 of 2018 o X 13 OCT 2025 m O^ Current Secuon ^ ‘•V DISMISSING THE WRIT PETITION WITHOUT COSTS