APHC010136542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7570/2026 Between: 1. M. SIDDAIAH, S/O M. REDDAIAH, AGED ABOUT 48 YEARS, OCC. PHARMACY OFFICER (FORMERLY PHARMACIST GRADE-II), O/0 DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, PRESENTLY WORKING AS DIETICIAN, INSTITUTE OF MENTAL HEALTH, KADAPA, R/o. D.No.43-86, BOSE NAGAR, RAYACHOTY, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI-522238 2. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, VIJAYAWADA-520001 3. THE DIRECTOR GENERAL, , DRUGS CONTROL ADMINISTRATION, VIJAYAWADA-520001 4. THE DIRECTOR, DRUGS CONTROL ADMINISTRATION, VIJAYAWADA-520001 ...RESPONDENT(S): 2 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 to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in not disposing of the petitioner's appeal dated 20.11.2025 as illegal, arbitrary and violative of the principles of natural justice, and consequently direct the 1St respondent to consider petitioner case for appointment by transfer to the post of Junior Analyst in the Department of Drugs Control Administration under 20 percent quota in relaxation of Note of Category 1 (ii) of Rule 3 of AP Drugs Control Administration Service Special Rules issued in G.o.Ms.No.411 dated 11.08.1994 by disposing petitioner's appeal dated 20.11.2025 within such time as may be stipulated by this Honble Court, and pass 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 1st respondent to dispose of the petitioner's appeal dated 20.11.2025 within a specified time frame, and pass Counsel for the Petitioner: 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7570 of 2026 The Court made the following Order: Heard Sri K.R.Srinivas, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I and perused the entire material available on record. 2. Petitioner appointed as Pharmacist Grade-II under the Director of Public Health & Family Welfare on 28.08.1995 and subsequently, promoted as Dietician at the institute of Mental Health, Kadapa on 19.10.2024. Efflux of time, G.O.Ms.No.411, HM&FW (L2) Department dated 11.08.1994 came into force, which provides 20% promotional quota, for the persons working in the Public Health & Family Welfare Department. Though the petitioner is eligible for promotion in terms of G.O.Ms.No.411, the 3rd respondent authority without considering the petitioner’s candidature, promoted one S.Srinivas Rao, who was appointed on 07.09.1995 and admittedly, junior to the petitioner, to the post of Junior Analyst in the Department of Drugs Control Administration vide Proceedings Rc.No.28899009/Estt/2025 dated 25.09.2025. Aggrieved by the same, the petitioner 4 preferred Appeal before the 1st respondent on 20.11.2025 under Rule 26 of the Andhra Pradesh Civil Services Code. 3. Sri K.R.Srinivas, learned counsel for the petitioner submits that as on today, the said Appeal is pending adjudication before the 1st respondent authority, inspite of repeated requests, which causes prejudice to the rights of the petitioner. 4. Conversely, learned Assistant Government Pleader submits that respondent authorities considered all parameters and acted within the realm of G.O.Ms.No.411, HM&FW (L2) Department dated 11.08.1994. But he did not dispute the factum of pendency of petitioner’s Appeal before the 1st respondent and fairly submits that the said Appeal, will be disposed of as early as possible. 5. In view of the above facts and circumstances, without going into the merits of the case and petitioner’s entitlement for promotion to the post of Junior Analyst, this Court is inclined to dispose of the present Writ Petition directing the 1st respondent to consider and dispose of the petitioner’s Appeal dated 20.11.2025 in terms of Rule 26 of the Andhra Pradesh Civil Services Code, by duly giving notice to the petitioner as well as affected parties, if 5 any, within a period of three (03) months from the date of receipt of copy of this Order. 6. Accordingly, this Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.03.2026 PSA