APHC010041532026 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2432/2026 Between: 1. K DHANALAKSHMI, W/O. LATE V. MANSWARPARAILU, AGE 60 YEARS, OCC PHARMACIST GRADE 42/270, N.G.O COLONY, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH. 1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY/PRINCIPAL EMPLOYMENT TRAINING AND FACTORIES (INSURANCE MEDICAL SERVICES AND VIGILANCE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR, INSURANCE MEDICAL SERVICES, KAKANI VENKATA RATNAM ROAD, ENIKEPADU, VIJAYAWADA 521 104, ANDHRA PRADESH. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2432/2026 K DHANALAKSHMI, W/O. LATE V. MANSWARPARAILU, AGE 60 YEARS, OCC PHARMACIST GRADE-II, R/O. 42/270, N.G.O COLONY, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY/PRINCIPAL SECRETARY, LABOUR EMPLOYMENT TRAINING AND FACTORIES (INSURANCE MEDICAL SERVICES AND VIGILANCE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT THE DIRECTOR, INSURANCE MEDICAL SERVICES, KAKANI VENKATA RATNAM ROAD, ENIKEPADU, AWADA 521 104, ANDHRA PRADESH. ...RESPONDENT(S): [3208] THURSDAY,THE TWENTY NINETH DAY OF JANUARY K DHANALAKSHMI, W/O. LATE V. MANSWARPARAILU, II, R/O. 42/270, N.G.O COLONY, KADAPA, KADAPA DISTRICT, ...PETITIONER THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, LABOUR EMPLOYMENT TRAINING AND FACTORIES (INSURANCE MEDICAL SERVICES AND VIGILANCE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DIRECTOR, INSURANCE MEDICAL SERVICES, KAKANI VENKATA RATNAM ROAD, ENIKEPADU, ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. DEVINENI RADHA RANI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.2432 of 2026 ORDER: The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Pharmacist Grade-I in the existing vacancy at ESI hospital, Tirupathi, on mere pendency of Article of charges in G.O.Rt.No.202, Labour Employment Training and Factories (IMS & VIG), Department, dated 07.06.2019 on the same allegations 2) FIR No.03/RCO-CIU-ACB/2020, dated 10.06.2020, 3) another charge Memo in G.O.Rt.No.l72, Labour, Factories, Boilers and IMS, Department, dated 11.05.2022, all the proceedings are pending without any progress since more than 8 & 5 years as being illegal, arbitrary, discriminatory, unjust and in violation of principles of natural justice and violative of Article-14 of the constitution of India and consequentially direct the respondents to consider the candidature of the petitioner for promotion for the post of Pharmacist Grade-I in existing vacancy without reference to the pending charge memo dated 07.06.2019, FIR dated 10.06.2020 (no charge sheet filed) and another charge Memo dated 11.05.2022 issued by the respondents….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 4 3. A charge memo vide G.O.Rt.No.202, Labour Employment Training and Factories (IMS & VIG) Department, dated 07.06.2019 was issued to the petitioner framing seven charges. The petitioner submitted a written explanation on 08.07.2019. A case in Crime No.03/RCO-CIU-ACB-2020, dated 10.06.2020, was registered against the petitioner under Section 13(1)(c)(d) read with 13(2) of Prevention of Corruption Act, 1988, Sections 7, 8, 9 and 13(1)(a) read with 13(2) of Prevention of Corruption (Amendment) Act, 2018 and Sections 408, 409, 417, 418, 420, 468, 471 and 120-B read with 34 of I.P.C. Another charge memo vide G.O.Rt.No.172, Labour, Factories, Boilers and IMS (IMS & VIG) Department, dated 11.05.2022 was issued to the petitioner framing five charges. The petitioner submitted a written explanation on 26.05.2022. 4. Learned counsel for the petitioner has submitted that in respect of the charge memos, enquiry is stated to be pending and regarding the crime registered against the petitioner, the prosecution has not filed charge sheet so far. She has further submitted that since the charge memos are pending, the petitioners’ case is not considered for promotion. She has also submitted that the petitioner will cooperate with the enquiry. 5 5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Pharmacist Grade-I at ESI Hospital, Tirupathi can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Pharmacist Grade-I at ESI Hospital, Tirupathi, subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and also conclude the enquiry in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 29.01.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.2432 of 2026 Dated: 29.01.2026 Ivd