Andhra Pradesh High Court - Amravati
Bobbili Uma Jasphine Rani vs The Regional Director Of Medical And ... on 26 March, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 7781 OF 2025
Between:
Bobbin Uma Jasphine Rani, D/o B. Subbaiah, Aged about 54 years,
Occ Asst., Statistical Officer (ASO) O/o DM HO, Guntur, Guntur District
...Petitioner
AND
1. The Regional Director of Medical And Health Services, Guntur, Guntur
District.
2. The Director of Public Health family Welfare, AP, Vijayawada, Krishna
District.
3. The State of Andhra Pradesh, rep., by its Principal Secretary Health
Medical Family Welfare Dept., Secretariat Buildings, Velagapudi,
Guntur District.
4. The Commissioner, AP-SAC Tadepally, Guntur District.
...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 in not
considering the case of the Petitioner for promotion to the post of Dy.
Statistical Officer, in Roaster Point No.22 meant for SC (W) as illegal.
arbitrary, unjust. Violative of Article 14 16 and consequently, direct the
Respondents to promote the Petitioner to the post of Dy. Statistical Officer,
in Roaster Point No.22, meant for SC (W), from the date of her eligibility,
with all service and monetary benefits.
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 case of the Petitioner for
promotion to the post of Dy. Statistical Officer, in Roaster Point No.22,
meant for SC (W), in the existing vacancy, forthwith, \n accordance with
G.O.Ms.No.5 SW (ROR.I) Dept., dt:14.02.2003, G.O.Ms.No.21 SW (ROR.I)
Dept., dt;18.03.2023 and G.O.Ms.No.123 GA (Ser.D) Dept., dt:19.04.2003
pending disposal of the above writ petition.
Counsel for the Petitioner: SRI. POODATTU AMARENDER
Counsel for the Respondents: GP FOR SERVICES I
The Court made the following order:
APHC010152002025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3506]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 7781/2025
Between;
Bobbili Uma Jasphine Rani ...PETITIONER
AND
The Regional Director Of Medical And Health Services ...RESPONDENT(S)
and Others
Counsel for the Petitioner:
1.POODATTU AMARENDER
Counsel for the Respondent(S):
1.GP FOR SERVICES I
If
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
"...to issue issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Dy. Statistical Officer in Roaster Point No.22 meant for SC (W) as illegal, arbitrary, unjust. Violative of Article 14 & 16 and consequently, direct the Respondents to promote the Petitioner to the post of Dy. Statistical Officer in Roaster Point No. 22 meant for SCfH/j from the date of her eligibility, with all service and monetary benefits and pass such other order or orders...."
2. Heard Sri Poodattu Amarender, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.
3. Petitioner was appointed on compassionate grounds as LD Computer on 01.08.1991 and later was promoted to the post of Assistant Statistical Officer (ASO) on 12.10.2021 and her services were regularized in the said category with effect from 14.10.2021. Petitioner is eligible and qualified for promotion to the post of Deputy Statistical Officer (DSO) and that she belong to Scheduled Caste community and is entitled for reservation. She made representation dated 21.03.2023 to respondent No.1 to consider her case for grant of notional seniority and promotion. Considering the said request, respondent No.1 called for service particulars of petitioner from DMHO, in response to which by letter dated 17.01.2025, the said particulars were furnished along with no charge pending certificate and no dues certificate. As respondents have not taken any further steps thereafter, petitioner once again submitted representation dated 19.03.2025 to respondent No.1 with copies being marked to other respondents and the same were stated to be pending consideration.
4. Learned counsel for the petitioner submits that in pursuance to petitioner's earlier request, respondent No.1 vide proceedings No.Rc.No.58/A2/2007-23 dated 04.05.2023 has responded intimating that petitioner shall be accommodated and considered for promotion in the next upcoming ROR Point No.22, which is reserved for Scheduled Caste Women category and as petitioner was found to be eligible, her name came to be already recommended for consideration, which is evident from the proceedings dated 16.01.2025 issued by the very same respondent, however no further action is taken implementing the same.
5. Learned Assistant Government Pleader for respondent Nos.1 to 4 submits that inasmuch as petitioner has made representations dated 21.03.2023 and 19.03.2025 to respondent Nos.1 & 3, the same will be considered in accordance with law.
6. In view of the aforesaid submission, without expressing any opinion on the merits of the matter, writ petition is disposed directing respondent Nos.1 & 3 to consider the case of the petitioner for promotion to the post of Deputy Statistical Officer (DSO) in ensuing vacancy reserved for Scheduled Caste % Women in pursuance of petitioner's representation dated 21.03.2023 and 19.03.2025 by passing a speaking order in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
7. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Regional Director of Medical And Health Services, Guntur, Guntur District.
2. The Director of Public Health family Welfare, AP, Vijayawada, Krishna District.
3. The Principal Secretary Health, Medical Family Welfare Dept., Secretariat Buildings, Velagapudi, Guntur District.
4. The Commissioner, AP-SAC Tadepally, Guntur District.
5. One CC to Sri. Poodattu Amarender Advocate [OPUC]
6. Two CCS to GP for Services I, High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies GSC HIGH COURT DATED:26/03/2025 ORDER WP.No.7781 of 2025 SfAMDHgJ Oil APR 2025 Co, » . CutteiK Secuon ^ DISPOSING OF THE WP WITHOUT COSTS