M IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 2888 OF 2025 1 Between: Nitta Padma, W/o. Madhu Kumar, Age 52 years, Occ: Office Subordinate, Primary Health Centre, Lingapalem Village and Mandal, Eluru District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner of Health and Family Welfare, 2"*^ Floor, B-Block, Himagna Towers, D.No.189, Lie Colony Adda Road, Saipuram Colony, One Center, Gollapudi, Vijayawada Rural, Krishna District, Andhra Pradesh. 3. The Director of Public Health and Family Welfare, 2"^^ Floor, B-Block, Himagna Towers, D.No.189, Lie Colony Adda Road, Saipuram Colony, One Center, Gollapudi, Vijayawada Rural, Krishna District, Andhra Pradesh. 4. The District Collector, Eluru District, Eluru, Andhra Pradesh. 5. The District Medical and Health Officer, Eluru District, Eluru, Andhra Pradesh. 6. The State of Andhra Pradesh, Rep. by its Principal Secretary to Chief Minister, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus - i. declaring the action of the respondents in not granting salaried leave, at least, continuously for six (6) months to the petitioner for doing surgery to her broken bones (main and supporting bones) of right leg by immediately granting funds to her under Employees Health Scheme (EHS) or/and Chief Minister (CM) Relief Fund with Letter of Credit (LoC) for her better treatment in a reasonably reputed hospital since she met with a fatal accident while she was on duty and pass such other order or orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of case as illegal, arbitrary, discriminative besides violative of Arts.14, 16 and 21 of the Constitution of India and consequently, direct the respondents to grant salaried leave, at II. least, continuously for six (6) months to the petitioner for doing surgery to her broken bones (main and supporting bones) of right leg by immediately granting funds to her under Employees Health Scheme (EHS) or/and Chief Minister (CM) Relief Fund with Letter of Credit (LoC) for better treatment in a reasonably reputed hospital. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 grant salaried leave, at least, continuously for six (6) months to the petitioner for doing surgery to her broken bones (main and supporting bones) of right leg by immediately granting funds to her under Empibyees Health Scheme (EHS) or/and Chief Minister (CM) Relief Fund with Letter of Credit (LoC) for her better treatment in a reasonably reputed hospital. Counsel for the Petitioner :SRI G GOPI KRISHNA Representing SRI PEETA RAMAN Counsel for the Respondents: GP FOR SERVICES IV The Court made the following ORDER: / APHC010054982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 2888/2025 Between: ...PETITIONER Nitta Padma AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PEETA RAMAN Counsel for the Respondent(S): 1.GP FOR SERVICES IV 1 I 2 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 or order, orders or directions more particularly one in the nature of Writ of Mandamus - declaring the action of the respondents in not granting salaried leave, at least, continuously for six (6) months to the petitioner for doing surgery to her broken bones (main and supporting bones) of right leg by immediately granting funds to her under Employees Health Scheme (EHS) or/and Chief Minister (CM) Relief Fund with Letter of Credit (LoC) for her better treatment in a reasonably reputed hospital since she met with a fatal accident while she was on duty and pass such other order or orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of case as illegal, arbitrary, discriminative besides violative of Arts.14, 16 and 21 of the Constitution of India and consequently, direct the respondents to grant salaried leave, at least, continuously for six (6) months to the petitioner for doing surgery to her broken bones (main and supporting bones) of right leg by immediately granting funds to her under Employees Health Scheme (EHS) or/and Chief Minister (CM) Relief Fund with Letter of Credit (LoC) for better treatment in a reasonably reputed hospital; and pass such other order or orders....” II. 2. Heard Sri G.Gopi Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Services-IV for respondents. 3 3. When the matter was taken up for hearing on 13.02.2025, this Court directed respondent No.5 to consider the medical certificate issued by Dr.D.Hari Kishan, Assistant Professor, Department of Orthopaedics, Asram Medical College, Eluru and to pass orders in a week, regarding leave and other benefits sought by the petitioner, strictly as per the Rules. Later, on 04.03.2025, having noticed that the 5‘^ respondent had not passed necessary orders, this Court further directed respondent Nos.2 and 3 to consider the proposal submitted by the 5*^ respondent on 28.02.2025, recommending the case of the petitioner for sanctioning of disability leave from 01.03.2025 to 4. 01.09.2025, within three (03) days. Learned Assistant Government Pleader placed on record proceedings in Rc.No.9144/E4.C/2024 dated 07.03.2025, by which, the 5‘^ respondent passed orders sanctioning Special Disability Leave for a period of six months i.e., from 01.03.2025 to 31.08.2025, 5. as requested by the petitioner, in terms of G.O.Ms.No.32. 6. In view of these proceedings, the prayer made by the petitioner to the extent of granting salaried leave for six months has been redressed. 4 Learned counsel for the petitioner submits that as the petitioner met with an accident, whiles attending the duties and that she needs to undergo major surgery,: necessary financial support also sought for. As the surgery requires to be performed outside the State in a suitable hospital, for which purpose, she may be issued Letter of Credit (LoC), as she is not in a position to bear the medical expenditure. 7. This Court on 13.02.2025, while directing the 5*^ respondent to pass necessary orders, regarding leave, also directed to consider the request of the petitioner with respect to other benefits, as sought for. By an order dated 07.03.2025, the 5‘^ respondent has considered the request of petitioner for granting Special Disability Leave for six months, in favour of petitioner, however, with respect to other benefits, as requested by petitioner, has not been considered. 8. 9. Having regard to the fact that the petitioner sustained injuries during the employment and she admittedly needs to undergo surgery, which is complicated and involving huge medical expenditure, the respondent Nos.5 and 6 are directed to consider the petitioner’s request for granting financial support, by grant of funds under the Employees Health Scheme or by Chief Minister’s Relief fund, with a letter of Credit, within a period of four (04) weeks, in accordance with law. 5 With the above directions, the Writ Petition is disposed of. 10. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT, REGISTRAR //TRUE COPY// SEC riafi OFFICER To, 1. The Principal Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner of Health and Family Welfare, 2"^^ Floor, B-Block, Himagna Towers, D.No.189, Lie Colony Adda Road, Saipuram Colony, One Center, Gollapudi, Vijayawada Rural, Krishna District, Andhra Pradesh. 3. The Director of Public Health and Family Welfare, 2^^^^ Floor, B-Block, Himagna Towers, D.No.189, Lie Colony Adda Road, Saipuram Colony, One Center, Gollapudi, Vijayawada Rural, Krishna District, Andhra Pradesh. 4. The District Collector, Eluru District, Eluru, Andhra Pradesh. 5. The District Medical and Health Officer, Eluru District, Eluru, Andhra Pradesh. 6. The Principal Secretary to Chief Minister, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 7. One CC to SRI. PEETA RAMAN, Advocate [OPUC] 8. Two CCs to GP FOR SERVICES IV, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK w HIGH COURT DATED:10/03/2025 ORDER WP.No.2888 of 2025 AND/f^ cJ OVi tnli ' 15 MAR 2025 ar o» . Current Section DISPOSING OF THE W.P. WITHOUT COSTS