APHC010018832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3589/2026 Between: 1. DR. G ANURADHA, MBBS, DGO, W/O DR. D. NARAYANAIAH AGED ABOUT 45 YEARS, , OCC. CIVIL ASSISTANT SURGEON (SPECIALIST GYNECOLOGY), COMMUNITY HEALTH CENTER, SODAM, R/O SODAM VILLAGE AND MANDAL, CHITTOOR DISTRICT, AP-517123 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY SPECIAL CHIEF SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AP-522237 2. THE COMMISSIONER, APWP, OLD NRI COLLEGE BUILDING, SAIPURAM COLONY, GOLLAPUDI. ONE CENTRE, VIJAYAWADA,AP-521225 3. THE DIRECTOR, DIRECTORATE OF SECONDARY HEALTH (FORMERLY APWP ), H. NO. 77-2/G, LAKSHMI ELITE BUILDING, PRATHUR ROAD, TADEPALLI,GUNTUR DISTRICT, ANDHRA PRADESH-522501. 4. DR V PAUL RAVI KUMAR, S/O KNOWN THE PETITIONER, AGED ABOUT 63 YEARS, OCC. DCHS, ENT POINT. DOCTOR COUSINS STREET, MADANAPALLI, ANNAMMAYYA DISTRICT, AP-517325. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or directions more particularly one in the nature of writ of Mandamus or any other appropriate Writ declaring the action of the respondents in denying promotion to the petitioner to the post of Civil Surgeon (Specialist - Gynecology) despite her undisputed seniority, unblemished service record, and eligibility under the applicable service rules, solely on account of the pendency of disciplinary proceedings initiated under Charge Memo Rc. No. 2509A/C.D/2014 dated 19-10-2015, as illegal, arbitrary, discriminatory, violative of Articles 14, 16 and 300A of the Constitution of India, contrary to the principles of natural justice, and unsustainable in law and consequently direct the respondents to forthwith Gynecology in accordance with her position in the final seniority list issued by Respondent No. 3, with ail consequential benefits including fixation of seniority, arrears of pay, allowances, and service advantages flowing there from and pass….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The case of the petitioner is that she was appointed as Civil Assistant Surgeon (Specialist Gynecology) on 08-02-2008 and was initially posted at Community Health Centre, Sodam, Chittoor District. She submits that on 28-07-2014, owing to a grave family emergency arising out of her father’s serious illness, she informed the Medical Superintendent in advance about her inability to attend duty and obtained duly sanctioned leave supported by a medical certificate. During her authorized absence, the hospital authorities referred a patient, Smt. K. Reddemma, to a higher medical facility, and the petitioner had no involvement in the patient’s treatment. It is further submitted that the patient underwent surgery at a private hospital and subsequently expired while being shifted to another higher centre, and that the death did not occur at Government Hospital, Madanapalle nor under the petitioner’s care or supervision. The petitioner contends that attributing negligence to her is wholly baseless, as she was not on duty and had no role in the treatment. However, the 2nd respondent issued a charge memo dated 19-10-2015 under Rule 20 of the A.P. Civil Services (CC&A) Rules, 1991, alleging negligence on incorrect and unfounded assumptions. Though the petitioner submitted a detailed explanation along with supporting documents establishing her absence and lack of involvement, the same was not considered. Aggrieved by the denial of promotion to the post of Civil Surgeon (Specialist Gynecology) solely on account of the pendency of the said disciplinary proceedings for more than a decade, hence the writ petition filed. 4. On the other hand, the learned Government Pleader for the respondents has furnished written instructions dated 06.02.2026 issued by the Joint Commissioner, wherein it is stated that, as per the willingness submitted by the petitioner for promotion to the post of Civil Surgeon Specialist (CSS), the petitioner falls within the zone of consideration in the ratio of 1:3, and her name has been included in the list placed before the Departmental Promotion Committee (DPC). It is further stated that, in the event the DPC considers the candidature of the petitioner, she may be granted promotion in accordance with rules. 5. Considering the above and upon perusal of the written instructions furnished by the Joint Commissioner dated 06.02.2026, this Court deems it appropriate to dispose of the writ petition by directing the respondents to consider the case of the petitioner for promotion to the post of Civil Surgeon (Specialist Gynecology) without reference to charge memo dated 19.10.2015, in accordance with law. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 24.02.2026 klk 167 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:3589/2026 24.02.2026 klk