Andhra Pradesh High Court - Amravati
Machupalli Anjaneya Vara Prasad vs State Of Andhra Pradesh. on 16 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
/ > IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI! (SPECIAL ORIGINAL JURISIDICTION) TUESDAY , THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: % THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY . WRIT PETITION NO: 3742 OF 2021 Between: Machupalli Anjaneya Vara Prasad, S/o Krishna Murthy, AND Petitioner 4. State of Andhra Pradesh., Rep. by its Principal Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravati. 2. The Commissioner., Health and Family Welfare, 2" Floor, B-Block, Himagna Towers, Gollapudi, Vijayawada. 3. Dr. Y.S.R Aarogyasri Health Care Trust, Rep by its C.E.O. D.No. 25-16-116B, Chuttugunta, Behind Gowtham's Hero showroom; Guntur-522004. 4. Aurobindo Emergency Medical Services., Rep by its C.O.O. Plot No 10. N.S.R Villas (beside Tenali Bypass), D.No.1 4-671, Municipal Ward No.1, Mangalagiri. Guntur district-522503. 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 particularly one in the nature of writ of mandamus declaring the action of the respondent herein (a)particularly the 2nd and 3rd respondents herein in not adjusting the petitioner services against any suitable vacant post in the 3rd respondent organization, (b)the 4th respondent herein in relieving the petitioner without issuing any notice and providing any opportunity of hearing, as highly arbitrary, illegai, nuii and void and against the principles of natural justice and in violation of the fundamental rights guaranteed under the Constitution of India and consequently to direct the respondents herein to utilise the services of the petitioner in any other suitable post in the 3rd respondent organization. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to consider and pass appropriate orders on the representation dated 26.01.2021 for appointment of petitioner in any suitable post in the 3rd respondent trust or in any other organization, pending disposal of WP 3742 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Balaji Medamalli Advocate for the Petitioner and of GP For Services III for the Respondents, the Court made the following. ORDER:
No representation for the learned Government Pleader for Services --- Ill. The petitioner sought for an interim direction to consider the representation of the petitioner dated 26.01.2021 for appointment of the petitioner in any suitable post in 3 respondent trust or in any other organization. Similar issue has come up for consideration before the Division Bench of High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh in Gangikuntal Sridhar and Others vs. State of A.P represented by it Principal Secretary Health, Medical and Family Welfare, Hyderabad and others reported in 2017(2) ALT 485 (D.B) where the Arogya Mitras working in Arogyasri Health Care Trust was removed without any notice and then the Division Bench of this Court concluded principles of natural justice is required to be followed if any one of the appellants are found committing any misconduct or their services are found not satisfactory. The Trust shall be free to proceed against them by following principles of natural justice. But here in this case no notice, no information or no opportunity has given to the petitioner to -- explain the reasons for the allegations of misconduct before removal. Therefore, | find that this is a fit case to issue interim direction to consider the representation dated 26.01.2021 for appointment of the petitioner in any suitable post.
List the matter after two (2) weeks.
Sd/- CH.V. SUBRAHMANYA SHARMA ASSISTANT REGISTRAR" .
IfTRUE COPY// .
For ASSISTANT REGISTRAR To
1. The Principal Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. The Commissioner., Health and Family Welfare, 2™ Floor, B-Block, Himagna Towers, Gollapudi, Vijayawada.
The C.E.O, Dr. Y.S.R Aarogyasri Health Care Trust, D.No. 25-16-116B, Chuttugunta, Behind Gowtham's Hero showroom, Guntur-522004. The C.O0.0 , Aurobindo Emergency Medical Services. Plot No 10. N.S.R Villas (beside Tenali Bypass), D.No.11-671, Municipal Ward No.1, Mangalagiri. Guntur district-522503. (1 to 4 by RPAD) One CC to Sri Balaji Medamalli, Advocate [OPUC] Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] One spare copy
- YO N NO TVR HIGH COURT MSMJ DATED:16/02/2021 ORDER WP.No.3742 of 2021 LIST AFTER TWO WEEKS