Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Andhra Pradesh High Court - Amravati

J V Ganeswara Rao vs The State Of Ap on 17 June, 2025

         IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
                          (Special Original Jurisdiction)

                    TUESDAY, THE SEVENTEENTH DAY OF JUNE
                       TWO THOUSAND AND TWENTY FIVE

                                       PRESENT

          THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

                        WRIT PETITION NO: 13773 OF 2025

Between:

   1. J. V. Ganeswara Rao, S/o. late Satyanarayana, aged 55 years Occ;
      MPHEO, PHC Vadachipurupally, Parwada Mandal, Anakapally District.
   2. G.Syamala Rao, S/o. John, aged 51 years Occ: MPHEO, PHC
        Anandapuram Visakhapatnam District.

                                                               ...PETITIONERS
                                        AND

   1.   The State of Andhra Pradesh, rep. by its Principal Secretary, Health
        Medical and Family Welfare Dept, Secretariat, Velagapudi, Guntur
        District.

   2.   The Director of Public Health and Family Welfare, AP Gollapudi,
        Vijayawada Krishna District.
   3.   The Regional Director of Medical and Health Services Zone-1, at
        Visakhapatnam.

                                                             ...RESPONDENTS


        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 respondents herein
in not considering the petitioners representation dated         16-4-2025      and

21-4-2025 for treating the waiting period from 26-9- 2023 to 24-12-2024
(i.e. from the date of status quo order to till the date of reposting orders )
as on duty in the cadre of MPHEOs as illegal arbitrary and un constitutional
and consequentially the Hon'ble High Court may pleased to direct the
      ^ ■



       ■ e
             respondents herein to consider the representation dated 16-4-2025 and
'x     ■
             2r-4-2025.


             lA NO: 1 OF 2025
                ■




              % 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 consider the petitioners representation
             dated 16-4-2025 and 21-4-2025 for treating the waiting period from
             26-9-2023 to 24-12-2024 2024 ( i.e. from the date of status quo order to till
             the date of reposting orders) as on duty, pending disposal of the present
             writ petition.


             Counsel for the Petitioners ; SRI M. R. TAGORE

             Counsel for the Respondents: GP FOR SERVICES I

             The Court at the stage of admission made the following: ORDER
 APHC010268642025

                   IN THE HIGH COURT OF ANDHRA PRADESH
                               AT AMARAVATI                  [3506]
                        (Special Original Jurisdiction)

           TUESDAY, THE SEVENTEENTH DAY OF JUNE
                   TWO THOUSAND AND TWENTY FIVE

                               PRESENT

   THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

                     WRIT PETITION NO: 13773/2025

Between:

J V Ganeswara Rao and Others                       ...PETITIONER(S)
                                 AND


The State Of Ap and Others                       ...RESPONDENT(S)

Counsel for the Petitioner(S):
   1.MR TAGORE


Counsel for the Respondent(S):
   1.GP FOR SERVICES I
                                           2

                                                                               HCGRJ
                                                                  W.P.No.13773 of 2025
  Ths Court madG ths following ordGr:
         This Writ Petition is filed under Article 226 of the Constitution
  of India for the following relief/s;-

        ... issue a Writ, order or direction more particularly one in the
      nature of Writ of Mandamus declaring the action of the
      respondents herein in not considering the petitioners
      representation dated 16-4-2025 and 21-4-2025 for treating the
      waiting period from 26-9-2023 to 24-12-2024 (i.e. from the date
      of status quo order to till the date of reposting orders)    as   on
      duty in the cadre of MPHEOs as illegal, arbitrary and
      unconstitutional and consequentially the Hon'ble High Court
      may pleased to direct the respondents herein to consider the
      representation dated 16-4-2025 and 21-4-2025 and pass such
      other order or orders...."

 2.     Heard Sri M.R.Tagore, learned counsel for the petitioners and
learned Assistant Government Pleader for Service-1 for respondents.

3.      Petitioners while working as MPHEOs at different places were
redeployed and posted to far off places of more than 200 kms.
Challenging       such      redeployment       orders     they       preferred

W.P.No.25264 of 2023. This Court has passed an interim order
dated 03.10.2023 directing respondents to maintain status quo as
obtained as on 26.09.2023 and such order was extended from time
to time. Later, inspite of continuing the petitioners at their original
stations, despite orders of status quo, were sought to be relieved,

they preferred C.C.No.4328 of 2024. At that juncture, respondents
have issued reposting orders dated 24.12.2024 and accordingly,
petitioners are working at said places. Petitioners have now filed
representations dated 16.04.2025 and 21.04.2025 to respondents
                                             3
                                                                               HCGRJ
                                                                   W.P.Na.l3773of2025

      requesting to treat the period from 04.10.2023 to 25.12.2024, as on

      duty, with all consequential benefits, which are stated to be pending.

      4.      Learned counsel for the petitioners submits that it           would


      suffice to direct the respondent Nos.2 and 3 to consider and pass

      appropriate orders on aforesaid representations.


      5.      Learned      Assistant    Government     Pleader   appearing       for

      respondents on the other hand submits that representations of

      petitioners would be considered in accordance with law.


      6.      In view of aforesaid submissions, without expressing any

      opinion on merits of the matter, with the consent of both the learned

      counsel the Writ Petition is disposed of at the admission stage

      directing the respondent Nos.2 and             3 to consider and        pass


      appropriate orders on petitioners' representations dated 16.04.2025

      and 21.04.2025, strictly in accordance with law, within a period of six

      (06) weeks from the date of receipt of a copy of this order and

      communicate the copy of orders to the petitioners. There shall be no

      order as to costs.



              As a sequel, miscellaneous petitions, pending if any,           shall


      stand closed.


                                                           SD/-K SRINIVASA RAJU
                                       //TRUE COPY//
                                                           ASSISTANT REGISTRAR

                                                                 SECTION OFFICER

To.

      1. The Principal Secretary, Health Medical and Family Welfare Dept, State
           of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
 r,



     2. The Director of Public Health and Family Welfare, AP Gollapudi
        Vijayawada Krishna District.
     3. The Regional Director of Medical and Health Services Zone-1   at
        Visakhapatnam.

     4. One CC to Sri M. R. Tagore, Advocate [OPUC]
     5. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT]
     6. Three C.D. Copies.
     Cnr
 HIGH COURT



DATED: 17/06/2025




ORDER
WP.No.13773 of 2025

I 2tJUNJ0« Oj, ^ . Curreni tiecuon DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS