s < IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN^ ^ pi 'Uj f WRIT PETITION NO: 11465 OF 2025 Between; Nethala Ramana, S/o. Kannaiah, Aged about 56 years, Occ; Multi Purpose Health Extension Officer, Primary Health Centre, Kantaram, A.S.R. District (Visakhapatnam District). ...PETITIONER AND 1. The State of Andhra Pradesh,, Rep. by Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General Public Health and Family Welfare,, State of A.P., Vijayawada, N.T.R District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in may the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Community Health Officer without reference to Criminal Case vide C.C. No. 14 of 2019 on the file of Additional Judicial First Class Magistrate, Chinthapalli, A.S.R District and without reference to Charge Memo vide G.O.Rt. No. 209 Health, Medical and Family Welfare (VC.11.2) Department dated 21.03.2019 (issue relating to the year 2014) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal. arbitrary, unjust, improper, discrimination and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner claim for promotion to the post o Community Health Officer without reference to Criminal Case vide C.C. No. 14 of 2019 on the file of Additional judicial First Class Magistrate, Chinthapalli. A.S.R District and ‘without reference to Charge Memo vide G.O.Rt. No. 209 Healthi Medical and Family Welfare (VC.11.2) Department dated 21.03.2019 (issue relating to the year 2014) in pursuance of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits. lA 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 to direct the respondents to consider the petitioner claim for promotion to the post of community Health Officer in G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above Writ Petition. terms Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER APHC010219602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] 0® FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11465/2025 Between: Nethala Ramana, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES I wr 2 HCGR, J W.P.No.ll465of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Community Health Officer without reference to Criminal Case vide C.C.No.14 of 2019 on the file of Additional Judicial First Class Magistrate, Chinthapalli, A.S.R District and without reference to Charge Memo vide G.O.Rt.No.209 Health, Medical and Family Welfare (VC.II.2) Department dated 21.03.2019 (issue relating to the year 2014) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary, unjust, improper, discrimination and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner claim for promotion to the post of Community Health Officer without reference to Criminal Case vide C.C.No.14 of 2019 on the file of Additional judicial First Class Magistrate, Chinthapalli. A.S.R District and without reference to Charge Memo vide G.O.Rt.No.209 Health, Medical and Family Welfare (VC.II.2) Department dated 21.03.2019 (issue relating to the year 2014) in pursuance of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and to pass such other order or orders...” Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for respondents. Petitioner is working as Multi Purpose Health Extension Officer, PHC, Lambasingi, Chinthapalli Mandal. Crime No.73 of 2014 dated 27.11.2014 has been registered for the offences punishable 3. 3 HCGR, J W.P.No.ll465of2025 under Sections 409, 420, 468, 471 r/w 34 of the Indian Penal Code, to which, the petitioner was also arrayed as one of the accused. After filing of charge sheet, the same has been numbered as C.C.No.14 of 2019 on the file of learned Additional Judicial First Class Magistrate, Chinthapalli, A.S.R.District. Trial of aforesaid case is pending. Basing on the said criminal case, petitioner was issued charge memo vide G.O.Rt.No.209, Health, Medical & Family Welfare (VC.11.2) Department, dated 21.03.2019. The petitioner has submitted explanation refuting aforesaid allegations. Though specific timelines were fixed in terms of G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022, the disciplinary proceedings are not completed. Now, the petitioner is stated to be eligible and entitle for promotion to the post of Community Health Officer and because of pendency of aforesaid disciplinary proceedings and criminal case, he is not being considered for promotion. 4. Learned counsel for the petitioner submits that it would suffice 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, and place reliance on the judgment rendered by the 4 HCGR, J W.P. No. 11465 of 2025 Coordinate Bench of this Court in W.P.No.29356 of 2024 dated 12.12.2024. Learned Assistant Government Pleader appearing for 5. respondents would submit that the case of petitioner will be considered in terms of aforesaid G.O., if he is otherwise eligible and falling within the zone of consideration. In view of aforesaid submissions, with the consent of both the 6. learned counsel, the Writ Petition is disposed of at the admission stage, directing the respondents to consider the case of petitioner for promotion to the post of Community Health Officer, in terms of G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999, as and when vacancies arises. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Health Medical and Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General Public Health and Family Welfare, State of A.P., Vijayawada, N.T.R District. 3. One CC to Sri T S N Sudhakar Advocate [OPUC] 4. Two CCS to GP for Services 1, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF HIGH COURT DATED:02/05/2025 ORDER WP.No.11465 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS