B. Suresh Kumar, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1926 AP

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' (SHOW CAUSE NOTICE BEFORE ADMISSION
IN THE HIGH COURT OF ANDHRA PRADESH AT AMA
i (SPECIAL ORIGINAL JURISDICTION) - {

   
   

: FRIDAY, THE TWENTY FIRST DAY OF MAY \

_ TWO THOUSAND AND TWENTY ONE
ve oe 'PRESENT: ae
~ THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

WRIT PETITION NO: 10371 OF 2021 __-

'B. Suresh Kumar, S/o B: Late Veerabhadrappa, Aged 49 years, Occ: Medico
. Social Worker. Grade-Hl,; O/o Superintendent, Government General "Hospital,
Kurnool - ,
. . ...PETITIONER
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical, Health
_ and Family Welfare Department, Secretariat, Velagapudi, Guntur District-522 001
The Director of Medical Education, Hanumanpet, Vijayawada, Krishna District.
The Regional Director of Medical'and Health, Services, Old RIMS, Kadapa,
Y.S.R.District. oo - --_ ,

on

_..RESPONDENTS

'WHEREAS the Petitioner above named 'through his Advocate Sri K Venugopal
Reddy 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 one in the nature of Writ of

Mandamus declaring the action of the respondents in not acting on the basis of the

confirmed seniority list of Medico Social Worker Grade-ll (MSW Gr.li) dated 29-11-2019

as arbitrary and violation of Articles 14 and 16 of'the fundamental rights: guaranteed

under the Constitution "of India and consequently direct the respondents for further
promotion as Lecturer in Social Science (formerly known as MSW.G.1) from the eligible

candidates left over in the confirmed seniority list forthwith. /

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri K Venugopal Reddy, Advocate for the
Petitioner and of GP for Medical and Health takes notice 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, Medical, Health and Family Welfare Department, State

of Andhra Pradesh, Secretariat, Velagapudi, Guntur District-522 001.

2 The Director of Medical Education, Hanumanpet; Vijayawada, Krishna District.
3 The Regional Director of Medical and Health, Services, Old RIMS, Kadapa,
Y.S.R. District. _

are be and hereby 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.

IA NO: 4 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
respondents particularly the 34 respondent Regional Director of Medical and Health
Services to promote the petitioner as Lecturer in Social Science (MSWGr I)as per the
Finai seniority list issued in RC.no.1377/C1/2019 dt 29-11-2019 of the 3% Respondent
forthwith, pending disposal of WP No.10371 of 2021, on the file of the High Court.
The Court made the following:
 

ORDER:

"Notice before admission.

Learned Government Pleader for Medical and Health takes notice on behalf of

the respondents and seeks time to file counter.

As it is a service matter and this subject is is not t specified any where in the

'roster is posted before this court for hearing. Post in the first week of July, 2021

In view of the judgment of this court in W:P.No.237 of 2021, dated 06.01.2021 and the proceedings in Re.No.1377/C1/2019, dated 24.11.2020 issued by the Regional Director of Medical and Health, Sri K. Venugopal Reddy, learned counsel for the petitioner submits that the petitioner is entitled for appointment as Medico

Social Welfare Grade-l/L.S.S. in the existing vacancy.

Learned Government Pleader submits that definitely, the authorities will proceed in accordance with the procedure established by law and a person

eligible only will be promoted.

in view of the above, the respondents are directed to take into consideration the proceedings Rc.No. 1377/C1/ 2019, dated 24.11. 2020 issued by the Regional Director of Medical and Health and also the judgment of this court in W.P.No.237 of 2021, dated 06. 01 .2021, while promoting a person to the post of MSWILSS

Grade- l more so, when the petitioner is said to be due for promotion."

SD/- V.DIWAKAR .

DEPUTY REGISTRAR

ITTRUE COPY//

For SECTION OFFICER

To,

1 The Principal Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District-522 001.

2 The Director of Medical Education, Hanumanpeét, Vijayawada, Krishna District.

3 The Regional Director of Medical and Health, Services, Old RIMS, Kadapa, Y.S.R.District. (1 to'3 by RPAD)

4 One CC to Sri. K Venugopal Reddy, Advocate [OPUC]

' 5 Two CCs to GP for Medical, Health and Family Welfare Department, High Court of Andhra Pradesh. [OUT]

6 One spare copy.

MSB

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HIGH COURT

CPK,J

DATED:21/05/2021

ORDER

Post in the first week of July, 2021

NOTICE BEFORE ADMISSION

WP.No.10371 of 2021

INTERIM DIRECTION

SAMA OO B

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