Andhra Pradesh High Court - Amravati
Thota Lakshmi, vs The State Of Andhra Pradesh, on 10 September, 2020
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
[3164] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TENTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA \~«-.. ae a WRIT PETITION NO: 16153 OF 2020 See Between: Seat" 1. Thota Lakshmi, W/o. Nagendra, Aged about 36 years, Staff Nurse, Community Health Centre, Kanigiri, Prakasam District. R/o. H.No. 8-257, Upstairs, Pedda Karnam Bazar, Kanigiri, Prakasam District. 2. M. Dorasanamma, W/o Mastaniah, Aged about 34 years, Staff Nurse, Primary Health Centre, Turalpadu, Prakasam District. R/o. Thinnelapudi Village, Kota Mandal, Nellore District. 3. M. Radhika, D/o. Raghavendra Rao, Aged about 37 years, Staff Nurse, Primary Health Centre, Narrawada, Nellore District. R/o. C/o. Manikanta Nagar, Bogolu, Bitragunta, Nellore District. 4. Gandam Varalakshmi, D/o G. Lakshmmiah, Aged about 36 years, Staff Nurse, Community Health Centre, Venkatagiri, Nellore District. R/o. H.No. 13/365/1, Narasimharao Street, Venkatagiri, Nellore District. 5. Rayapu Pavana Santhi, D/o. Srinivasulu, Aged about 36 years, Staff Nurse, Primary Health Centre, Kovurrapalli, Nellore District. R/o. H.No. 9/396, Kapadipalem, Nellore District. Petitioners AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Health and Medical and Family Welfare Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 522 503. The Director of Medical Education, Andhra Pradesh, Vijayawada. The Commissioner, Andhra Pradesh Vidya Vidana Parishad, Vijayawada, Andhra Pradesh. The Director of Public Health and Family welfare, Vilayawada, Andhra Pradesh. The Regional Director of Medical Health and Family Welfare, Guntur, Guntur District. The District Medical and Health Officer, Prakasam District, Ongole. The District Medical Health Officer, SPSR Nellore District, Nellore. The District Medical and Health Officer, SPSR Nellore District, Nellore. Respondents wn ok oN WHEREAS the Petitioner above named through their Advocate SRI A RAJENDRA BABU presented this 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 in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not regularising the services of the petitioners as staff nurses in the newly Sanctioned/created posts vide G.O.Ms.60 Health, Medical and Family Welfare (A1) Dept. Dt 10-06-2020, and by granting permission to fill up the posts of Staff Nurses on contract basis vide G.O.Ms 63 Health Medical and Family Welfare(A1) Dept. Dt 10-06-2020 is contrary to A.P. Nursing Service Rules, arbitrary illegal, contrary to law and violative of Art 14,16 and 21 of the Constitution of India, and opposed to public policy enshrined in Art 41 of constitution of India and to issue a consequential direction to the respondents to regularise services of the petitioners as staff nurses in regular sanctioned/created regular posts vide G.O.Ms 60 Health Medical and Family Welfare (A1) Dept. Dt. 10-06-2020 with all consequential benefits AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri A RAJENDRA BABU Advocate for the Petitioner, and of GP FOR SERVICES-III for Respondents directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary to Government, Health and Medical and Family Welfare Department, State of Andhra Pradesh, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 522 503. The Director of Medical Education, Andhra Pradesh, Vijayawada. The Commissioner, Andhra Pradesh Vidya Vidana Parishad, Vijayawada, Andhra Pradesh. The Director of Public Health and Family Welfare, Vilayawada, Andhra Pradesh. The Regional Director of Medical Health and Family Welfare, Guntur, Guntur District. 6. The District Medical and Health Officer, Prakasam District, Ongole. 7. The District Medical Health Officer, SPSR Nellore District, Nellore. 8. The District Medical and Health Officer, SPSR Nellore District, Nellore. on oe are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 29.09.2020, on which date the case stands posted for hearing The Court made the following: ORDER:
"Notice before admission.
Learned Government Pleader for Services-lll takes notice for the respondents and requests time for filing counter. Post on 29.09.2020 for filing counter". 4 SD/- G. SRINIVASA REDDY [TRUE COPY// To,
4. The Principal Secretary to Government, Health and Medical and Family Welfare Department, State of Andhra Pradesh, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 522 503. The Director of Medical Education, Andhra Pradesh, Vijayawada. The Commissioner, Andhra Pradesh Vidya Vidana Parishad, Vijayawada, Andhra Pradesh.
The Director of Public Health and Family Welfare, Vilayawada, Andhra Pradesh. _ The Regional Director of Medical Health and Family Welfare, Guntur, Guntur District.
6. The District Medical and Health Officer, Prakasam District, Ongole.
7. The District Medical Health Officer, SPSR Nellore District, Nellore. 8 The District Medical and Health Officer, SPSR Nellore District, Nellore. (by RPAD- along with a copy of petition and memorandum of grounds)
9. One CC to SRIA RAJENDRA BABU Advocate [OPUC]
40. Two CCs to GP FOR SERVICES-IIl, High Court of Andhra Pradesh. [OUT]
11.One spare copy woh os HIGH COURT MVRJ DATED:10/09/2020 POST ON 29-09-2020 NOTICE BEFORE ADMISSION WP.No.16153 of 2020