Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010244472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12795/2025 Between: 1. P.FAZUL MUHAMMAD KHAN,, AGED ABOUT 52 YEARS, S/O.P.SALAM KHAN, R/O. 849-4,JAYANAGAR COLONY, KALYNADURG, MPHA(M),O/O PRIMARY HEATH CENTRE MUDDINAYANAPALLI, ANANTHAPURAMU. ...PETITIONER AND 1. STATE OF A P, REP BY PRINCIPAL SECTRETORY, MEDICAL AND HEATH, FAMILY WELFARE DEPARTMENT, 1ST FLOOR SECRETARIAT, VELAGAPUDI, AMARAVATI. PIN 522238 2. COMMISSIONER OF MEDICAL AND HEATH AND FAMILY WELFARE DEPARTMENT, 5TH FLOOR, APIIC TOWERS, MANGALAGIRI, GUNTUR DT. PIN 522503 3. REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, OLD RIMS RD, MARIA PURAM, KADAPA, PIN 516001 2 4. DISTRICT MEDICAL AND HEALTH OFFICER, ANANTHAPURAMU, PIN 515004. 5. PRIMARY HEATH CENTRE, D.NO.1-125, MAIN ROAD MADDINAYANA MANDAL, KAYANDURG ANANTHAPURAMU.PIN 515761. ...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 topleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the 3rd and 4th Respondent in not promoting the petitioner as M.P.H.S(M) as per seniority, eligibility, qualification as illegal. arbitrary, contrary to law, unconstitutional, bias, malice and violative of Art. 14, 16 and 21 of the Constitution of India, in the interest of justice 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 direct the respondent No.3 & 4 to fix the seniority of the petitioner, by deleting the “Remarks” column kept illegally in the seniority dt.26.04.2025, in the interest of justice Counsel for the Petitioner: 1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.12795 of 2025 O R D E R: This writ petition is filed questioning the action of Respondents in not promoting the Petitioner to the post of M.P.H.S.(M) as per his seniority as illegal and arbitrary. 2. The facts leading to this case are as follows: Petitioner was appointed as Family Welfare Worker at Community Health Centre, Muddinayanapalli, Kalyandurg on 29.06.1996 on compassionate grounds. While so, Respondent No.3 was posted as M.P.H.A.(M) and was included in the seniority list of M.P.H.A (M), Mandal on 02.09.2010. Thereafter, Petitioner submitted representations for further promotions to the posts of M.P.H.A.(M) However, the same is not being considered on the ground that the post of the Petitioner as F.W.W.(M) and M.P.H.A(M) are not equal posts and not inter transferable and therefore, the very appointment of Petitioner as M.P.H.A.(M) is not in consonance with the recruitment rules and no further decision is being taken thereon. Hence, the writ petition. 4 3. Learned counsel for the Petitioner submits that the post of Petitioner as M.P.H.A(M) is not at his instance, but on account of administrative requirements. The post of M.P.H.A(M) is a promotional post to the cadre of F.W.W.(M) as per Rules, and the Respondents could not have denied fixation of seniority atleast from the date the juniors were promoted as per regular seniority to the said post. 4. Learned Government on instructions submits that the representation of the Petitioner would be examined and appropriate decision will be taken by the Respondent-authority in accordance with law. 5. Admittedly, Petitioner was posted as M.P.H.A.(M) in the year 2010 and is continuing in the said post till date. If the Respondents were of the opinion that very posting of Petitioner as M.P.H.S (M) was not in accordance with procedure, steps should have been taken at the earliest point of time. On the contrary, continuing the Petitioner for over 15 years and denying seniority cannot be sustained. As fairly submitted by the counsel for the Petitioner, seniority of Petitioner in the Cadre of 5 M.P.H.A.(M) could be considered from the date his junior was regularly promoted in the said cadre. 6. In the light of the same, the writ petition is disposed of with the following directions: (i) Respondents shall fix the seniority of the Petitioner in the cadre of M.P.H.A(M) from the date on which his junior is promoted and thereafter consider the case of Petitioner for further promotion. (ii) The above exercise shall be completed within a period of four months from the date of receipt of a copy of this order. (iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 15.09.2026 KLP