Andhra Pradesh High Court - Amravati
Dr.G.Sree Devi vs The State Of Andhra Pradesh on 24 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.23878 of 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India claiming the following relief:-
"... to a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 1st respondent in not taking any action to consider the case of the petitioner for promotion to the category of Joint Commissioner though she is fully eligible and qualified for the panel year of 2013-2014 onwards and not convening the DPC for all these years and insisting for 2 years left over service, though the 2nd respondent recommended letter File No.APVVP-12021/1/2019-Medical, dated 19.12.2019, and in spite of the fact that the petitioner is working as District Coordinator Hospital Services (DCHS) right from 2002 onwards, and not taking any action to consider the case of the Commissioner, as illegal, arbitrary and violative of Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondent authorities to consider the case of the petitioner for promotion to the category of Joint Commissioner, without insisting 2 years leftover service, by taking into consideration of the facts noted and recommendation made by the 2nd respondent letter File No. File No.APVVP-12021/1/2019-Medical, dated 19.12.2019 and to pass such other order."2
2. The petitioner was appointed as Civil Assistant Surgeon as per the notification issued by the APPSC and joined duty on 14.02.1985 in the Medical and Health Department. She was promoted as Civil Surgeon Specialist in the year 1998, thereafter she was promoted as Ex-Officio Medical Superintendent and District Coordinator of Hospital Services, joined duty on 28.08.2002 and she was regularly promoted as per G.O.Ms.No.192, dated 18.08.2012.
3. As per the provisional seniority list dated 01.06.2012 issued by the 1st respondent Government in the category of DCHS, the petitioner is standing at serial No.10, thereupon she made a representation to the 1st respondent on 12.03.2014 with a request to consider her case for promotion as Joint Commissioner. The 2nd respondent addressed a letter to the 1st respondent vide Rc.No.364/M1/2017, dated 24.08.2018 with a request to amend the maximum age limit for promotion to the post of VO/JC/DCHS, as the left over service should be 2 years.
4. The petitioner submitted another representation on 28.06.2019 with a request to consider her case for promotion as Joint Commissioner. The 1st respondent directed the 2nd respondent to take necessary action for promotion as Joint Commissioner. The 2nd respondent recommended the case of the petitioner in his letter dated 19.12.2019 with a request to relax the condition of the G.O.Ms.No.48 but till today no action has been taken by the respondent authorities in spite of the fact the petitioner is attaining the age of superannuation by 31.08.2021 3 though the petitioner is fully eligible and qualified for the panel year 2013-2014 and such promotion was denied to her and such denial amounts to arbitrariness and requested to issue a direction.
5. During the course of hearing, learned counsel for the petitioner Sri K.Satyanarayana Murthy while reiterating the contentions urged in the petition requested this Court to issue a direction to the respondent authorities to consider her case for promotion in terms of letter File No. File No.APVVP-12021/1/2019- Medical, dated 19.12.2019 addressed by the Commissioner, A.P. Vaidya Vidhana Parishad, Gollapudi, Vijaywada, Krishna District to the Principal Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District for promoting this petitioner relaxing the conditions in G.O.Ms.No.48.
6. Learned Standing Counsel for A.P. Vaidya Vidhana Parishad requested further time to obtain instructions. But, no further time need be granted in view of the limited request made by the counsel for the petitioner.
7. Admittedly, the petitioner is eligible for promotion as Joint Commissioner but due to lack of 2 years left over service she was denied promotion. Later, correspondence took place between the departments and a recommendation was made to relax the conditions contained in G.O.Ms.No.48 by letter dated 19.12.2019. But, no action was taken by the Principal Secretary, Medical, Health and Family Welfare till date though 15 days time is elapsed from the date of letter addressed by the Commissioner, A.P. Vaidya Vidhana Parishad.
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8. Since the request of the petitioner is limited, the 1st respondent is directed to take necessary action on the letter of the 2nd respondent, dated 19.12.2019 for relaxation of the conditions in G.O.Ms.No.48 within two (02) weeks from today and in the event of relaxing the conditions in G.O.Ms.No.48 the case of this petitioner for being appointed as Joint Commissioner is to be considered, in accordance with law.
9. With the above direction, the writ petition is disposed of at the stage of admission itself, with the consent of both the counsel. There shall be no order as to costs.
Consequently, miscellaneous application if any pending in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date: 24.12.2020 IS 5 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.23878 of 2020 Date: 24.12.2020 IS