Andhra Pradesh High Court - Amravati
K.Sreemanarayana, vs The State Of Andhra Pradesh, on 16 April, 2021
Bench: Kongara Vijaya Lakshmi
1
KVL, J
WP No.8295 of 2021
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.8295 of 2021
ORDER:
This writ petition is filed "to declare the action of the 2nd
respondent in not considering the representation dated 21.11.2020 for
absorbing the petitioner into service of the Andhra Pradesh Vaidya
Vidhana Parishad (APVVP), as illegal and arbitrary."
Case of the petitioner is that, he is working as Senior Assistant in
Community Health Center (CHC), Kankipadu, Krishna District;
Community Health Centers are under the control of APVVP; while so, the
2nd respondent issued a paper notification dated 18.10.2019 calling for
options from the ministerial staff working in the CHCs for absorption of
their services into APVVP; petitioner opted to absorb his services into
APVVP; the 3rd respondent furnished 'No Objection certificate" vide
proceedings dated 12.09.2020 for absorption of certain ministerial staff
into APVVP and in the said proceedings, the name of the petitioner was
shown at Sl.No.3; the 2nd respondent issued a final allocation list of
Senior Assistants vide proceedings dated 05.11.2020, wherein the name
of the petitioner was not included; on enquiry, he came to know that
the 4th respondent informed that the charges are pending against the
petitioner vide G.O.Rt.No.66, HM & FW (VC-I) Department dated
30.01.2020; basing on the same, the 2nd respondent has not considered
absorption of the petitioner into APVVP; petitioner submitted a detailed
representation dated 21.11.2020 to the 2nd respondent requesting to
consider his case for absorption, despite the same, the 2nd respondent
has not taken any action till date; petitioner also furnished his
explanation to the charges, but there is no further progress in the
disciplinary proceedings; he is entitled to be considered for absorption
notwithstanding pending disciplinary proceedings; the Government
KVL, J
WP No.8295 of 2021
notified the policy vide G.O.Ms.No.679 GAD dated 01.11.2008 stating
that in normal cases the enquiry should be completed within a period of
three months and if serious allegations are there, it should be completed
within a period of six months; the delay in conclusion of the disciplinary
proceedings cannot attributable to the petitioner; hence, the present
writ petition is filed by the petitioner seeking a direction to the 2nd
respondent to consider his case for absorption into APVVP without
referring the disciplinary proceedings pending against the petitioner.
Even though the name of the learned standing counsel for APVVP
is printed in the cause list, none appears for APVVP.
Even though various contentions have been raised by the learned
counsel for the petitioner, after arguing for some time, he requested
this Court to issue a direction to the 2nd respondent to dispose of the
representation of the petitioner dated 21.11.2020, strictly in accordance
with law.
This Court is conscious that no such direction be issued in view of
the judgment of the Apex Court in 'The Government of India vs.
P.Venkatesh1', wherein the Apex Court held that such orders may make
for a quick or easy disposal of cases in overburdened adjudicatory
institutions, but they do no service to the cause of justice. However, as
the learned counsel for the petitioner himself requested to issue a
direction to dispose of the representation dated 21.11.2020, I find no
other alternative except to issue such a direction.
In view of the same, the 2nd respondent is directed to dispose of
the representation dated 21.11.2020 of the petitioner, strictly in
accordance with law.
2019(8) SCALE 544
KVL, J
WP No.8295 of 2021
The writ petition is, accordingly, disposed of. No order as to
costs. Miscellaneous petitions, if any, pending in the writ petition shall
stand closed.
__________________________
KONGARA VIJAYA LAKSHMI, J
Date: 19.04.2021
BSS
KVL, J
WP No.8295 of 2021
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.8295 of 2021
Date: 19.04.2021
BSS
