APHC010488562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26897/2026 Between: 1. MADUGULA HYMAVATHI, D/O. LATE.M.SAMBHASIVA RAO, AGED 59 YEARS, CIVIL SURGEON, RESIDENT MEDICAL OFFICER, GOVT. HOSPITAL, CHEST AND COMMUNAL DISEASE DEPARTMENT, PEDAWALTAIR, VISAKHAPATNAM 530 017. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH. 522238 2. THE COMMISSIONER OF HEALTH AND FAMILY WELFARE DEPARTMENT, MANGALAGIRI, GUNTUR, ANDHRA PRADESH.522503 3. THE DIRECTOR OF SECONDARY HEALTH DIRECTORATE OF SECONDARY HEALTH, TADEPALLI, GUNTUR, ANDHRA PRADESH522501 4. THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, COLLECTORS OFFICE, MAHARANIPETA, VISAKHAPATNAM.530002 5. THE SUPERINTENDENT, THE GOVT. HOSPITAL FOR CHEST AND COMMUNAL DISEASE DEPARTMENT, PEDAWALTAIR, 2 VISAKHAPATNAM.5300'17 ...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 toto issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not considering the candidature of the Petitioner for grant of promotion from the post of Civil Surgeon (R.M.0) to Addl. Director under Directorate of Health and Family Welfare Department, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, contrary to the promotion guidelines as well as Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and in violation of Articles 14, 19, 21 of the constitution of India, consequently direct the Respondents to grant promotion from the post of Civil Surgeon (R.M.O.) to Addl. Director under Directorate Health and Family Welfare Department to 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 to Direct the Respondents to dispose the Representation dated 08-09-2026 by granting promotion to the Petitioner from the post of Civil Surgeon (R.M.0) to Addl. Director under Directorate of Health and Family Welfare Department pending disposal of the Writ Petition Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26897 of 2026 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondent-Authorities in not considering the case of the Petitioner for grant of promotion from the post of Civil Surgeon (RMO) to the post of Additional Director under the Directorate of Health and Family Welfare Department, as illegal and arbitrary. 2. The Petitioner was initially appointed as a Civil Assistant Surgeon in the year 1994 and, subsequently, she was promoted as Deputy Civil Surgeon and was further promoted as Civil Surgeon and posted to work at Mental Care Hospital, Visakhapatnam. It is stated that she is now eligible and qualified for promotion to the post of Additional Director under the Directorate of Health and Family Welfare Department. 3. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.151, Health, Medical and Family Welfare (VC.1) Department, dated 17.03.2025, alleging that the Petitioner, while working as Medical Superintendent, Community Health Center, Bhogapuram, Vizianagaram District, had purchased drugs/surgical/lab equipment from a dealer without obtaining quotations from anyone, 4 without a purchase order, and without obtaining a no-stock certificate from the Central Drug Stores; had failed to supervise the work of sanitation workers; had failed to put her countersigns on the attendance register of contract workers, outpatient register (lab), and inpatient register (lab); had failed to supervise the performance of the diet contractor; and had failed to supervise her subordinates in performing their legitimate duties. 4. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charges and enquiry is stated to be pending. While so, the promotion for the post of Additional Director under the Directorate of Health and Family Welfare Department is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Additional Director under the Directorate of Health and Family Welfare Department can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5 6. This Writ Petition is disposed of, with the following directions:- i) The Respondent-Authorities are directed to consider the Petitioner’s case for promotion to the Post of Additional Director under the Directorate of Health and Family Welfare Department, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7. No order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 28.09.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 93 WRIT PETITION No.26897 of 2026 Dated: 28.09.2026 chs