APHC010414642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22314/2026 Between: 1. N.BABI, S/O. EDWIN WATSON (LATE), OCC, MPHEO AGED 54 YEARS, O/O PHC, KANITHI, VISAKHAPATNAM R/O FLAT NO.501, SRI JAGANNADHA RESIDENCY, MANGAPURAM COLONY, MADDILAPALEM, VISAKHAPATNAM DISTRICT- 530017. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.-522238 2. THE COMMISSIONER OF FAMILY WELFARE CFW, MANGALAGIRI, GUNTUR DISTRICT-522503 3. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE BSNL BHAVAN, OPP. CHUTTUKUNTA, ELURU ROAD, VIJAYAWADA, KRISHNA DISTRICT-521225 4. THE REGIONAL DIRECTOR, MEDICAL AND HEALTH SERVICES, ZONE-1, VISAKHAPATNAM-530009 ...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 2 may be pleased toIssue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Impugned Orders Vide RC.No.995/ B3/ 2025, dated 28.08.2025 of the Respondent are as illegal, arbitrary. Contrary to Law , violation of principles of natural Justice and Violation of provision of Article 14, 16 and 21 of Constitution of India and Set aside the Impugned Orders Vide RC.No.995/ B3/ 2025, dated 28.08.2025 of the 4th Respondent and further direct the respondents to consider the Case of the petitioner for promotion to the post of Medico Social Worker Grade-1, against the vacancies existing in (1) KG Hospital , Visakhapatnam Which have fallen vacant during the Panel Year 2024 - 2025, now Vacancies existing at (2) Govt. General Hospital Srikakulam and (3) Govt Medical College Srikakulam 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 suspend the operation of the Impugned Orders Vide RC.No.995/ B3/ 2025, dated 28.08.2025 of the 4th Respondent and direct the respondents to consider the Case of the petitioner for promotion to the post of Medico Social worker Grade-1, against the vacancies existing in (1) KG Hospital, Visakhapatnam Which have fallen vacant during the Panel Year 2024 - 2025, now vacancies existing at (2) Govt General Hospital Srikakulam and (3) Govt Medical College, Srikakulam as panel year 2025-2026 is going to end by 31st August 2026, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. BALA RAMESH YALAVARTHI 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.22314 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.4 in issuing impugned order vide Rc.No.995/B3/2025, dated 28.08.2025, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner was initially appointed as Health Assistant (Male) on 02.09.1995 and thereafter, he was promoted as Multi Purpose Health Supervisor (Male) in the year 2007 and further promoted as Multi Purpose Health Extension Officer in the year 2017. The next available post for promotion to the Petitioner is the Lecturer in Social Science in the cadre of Medico Social Worker Grade-I. The Petitioner had forgone his promotion, which was offered to him in March-April, 2025 for personal reasons. Subsequently, the Respondent Authorities sought to fill up two other additional vacancies, but as the name of the Petitioner was not being considered, he filed W.P.No.20719 of 2025 before this Court. 4 3. This Court disposed of the same, directing the Respondents therein to consider the case of the Petitioner for promotion to the post of Medico Social Worker Grade – I in terms of Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 vide G.O.Ms.No.92, General Administration (Services.D), dated 28.08.2023. Consequent thereto, the impugned speaking order was passed on 28.08.2025 stating that the case of the Petitioner was being considered for the panel year 2025-2026 with effect from 01.09.2025 to 31.08.2026 as per the seniority. Aggrieved by the same, the Writ Petition came to be filed. 4. Learned counsel for the Petitioner submitted that the juniors of the Petitioner were promoted to the post of Lecturer in Social Science (Medico Social Worker Grade-I) and the case of the Petitioner was not considered. It was further submitted that the Petitioner is entitled for consideration of his case for promotion in terms of explanation to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 and in the alternative, the case of the Petitioner can be considered for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Assistant Government Pleader on instructions submitted that a charge memorandum was issued against the 5 Petitioner under Rule No.20 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 on 27.12.2025. Therefore, the case of the Petitioner for promotion was not considered. 6. Heard the counsels. 7. In the panel prepared for the year 2024-2025, the Petitioner had relinquished his offer of promotion on 25.03.2025. Thereafter, the said panel had lapsed. In the panel prepared for the year 2025-2026, though the name of the Petitioner was included for promotion, his case was not considered, as a charge memorandum was issued against him, as mentioned above, on 27.12.2025, and the juniors of the Petitioner were promoted on 11.07.2026. 8. The Petitioner was included in the panel for the year 2025-2026, and his case was deferred only on the ground of pendency of the charge memorandum. The said action of the Respondents cannot be faulted. 9. However, the alternative argument of the learned counsel for the Petitioner seeking consideration of the case of the Petitioner for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, merits for consideration. Therefore, this Writ Petition is disposed of, with the following directions:- 6 (i) The Respondent-Authorities are directed to consider the Petitioner’s case for promotion to the Post of Medico Social Worker Grade – I in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, subject to the Petitioner possessing requisite qualifications. 10. No order as to costs. 11. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 31.08.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 110 WRIT PETITION No.22314 of 2026 Dated: 31.08.2026 chs