APHC010484792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26394/2026 Between: 1. DR G MADHAVI LATHA MD, MD D/O. GURRALA VENKATA NARAYANA REDDY AGED 59 YEARS, OCC ASSOCIATE PROFESSOR OF PHYSIOLOGY PRESENTLY WORKING AT GOVERNMENT MEDICAL COLLEGE, ANANTHAPUR, ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA PRADESH, VIJAYAWADA. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, ANANTHAPUR, ANANTHAPUR DISTRICT, ANDHRA PRADESH ...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 toappropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Certiorari calling for the records relating to Proceedings No.912541/VC.II/2025 dated 30-11-2025 of the 2nd Respondent and after examining the legality and correctness thereof 2 quash and set aside the same as illegal, arbitrary, violative of the principles of natural justice, contrary to the binding time-schedule prescribed under G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12-09-2022 and under G.O.Ms.No.679, General Administration (Services-C) Department, dated 01-11-2008 and violative of Articles 14, 16 and 21 of the Constitution of India and consequently 1.Direct the Respondents to regularize the petitioner's leave period from 01-07-2017 to 30-08-2018 against available Earned Leave/Half Pay Leave instead of Extraordinary Leave (EOL) and release the withheld annual grade increments with all consequential financial benefits and arrears of pay, and declaration of probation and regularization of services in the cadres of Assistant Professor and Associate Professor and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. 2. 2. It is also further prayed that this Hon'ble Court may be pleased to direct the 1st Respondent to initiate strict disciplinary and penal action in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12-09-2022 and under G.O.Ms.No.679, General Administration (Services-C) Department, dated 01-11-2008 against the erring authorities/officials responsible for the inordinate and unexplained delay of nearly seven years in concluding the disciplinary proceedings against the petitioner IA NO: 1 OF 2026 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 allow this I.A. by directing that the above Writ Petition be listed and heard on a priority/out-of-turn basis and disposed of expeditiously and pass IA NO: 2 OF 2026 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 suspend the operation of Proceedings No.912541NC.II/2025, dated 30-11-2025, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: 1. Mohammed Shafi 3 Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26394 of 2026 ORDER: 1. The present Writ Petition is filed questioning the orders, dated 30.11.2025 passed by Respondent No.2, as illegal and arbitrary, and for other consequential reliefs. 2. The Petitioner was appointed as Assistant Professor at KMC, Kurnool, on 29.03.2008 and was promoted as Associate Professor in GMC, Ananthapuram, on 27.12.2014. On account of her father’s chronic kidney disease (CKD), which required continuous medical attention, the Petitioner was compelled to take leave from 01.07.2017 to 30.08.2018 (425 days), which was communicated through the proper channel from time to time. 3. While so, a departmental enquiry was initiated against the Petitioner, and a charge memorandum under Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, was issued to her on 24.06.2018, alleging that the Petitioner had proceeded on leave without obtaining prior permission from the higher authorities. The Petitioner submitted her statement of defence in respect thereof. Pursuant to the enquiry conducted, the Petitioner was 5 imposed with a penalty of ‘withholding one annual grade increment without cumulative effect’, and the period of unauthorized absence, i.e., from 01.06.2017 to 22.08.2018, was treated as Extra Ordinary Leave (EOL). Questioning the same, the Writ Petition is filed. 4. Learned Assistant Government Pleader for Services submitted that an appeal is provided to the Petitioner under Rule 33 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, and that the Petitioner ought to have filed the appeal rather than filing the present Writ Petition. 5. Heard the counsels. 6. Rule 33(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, provides for an appeal against the penalties imposed on an individual pursuant to a departmental enquiry. Therefore, the Petitioner, without exhausting the effective alternative remedy, could not have filed the present Writ Petition straightaway before this Court. Therefore, this Writ Petition is disposed of, leaving it open to the Petitioner to pursue the remedy of appeal before the Appellate Authority. 7. No order as to costs. 6 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 18.09.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 163 WRIT PETITION No.26394 of 2026 Dated: 18.09.2026 chs