Andhra Pradesh High Court - Amravati
K Ramana vs The State Of Ap on 1 May, 2023
lN THE mGH COURT OF ANDHRA
PRADESH AT AMARAVA I, rty4*RA \'.E\ .:. \ .*.I
(special Original JurjsdI-Ctf-On)
MONDAY, THE FIRST DAY OF MAY -
TWO THOUSAND AND TV\/ENTY THREE ~
:PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA -
WRIT PETITION NO: 8447 OF 2023
ieR¥::nn:, s,o late K Veeranna, aged about 55 years, occ offlce superlntendent,
Government General Hospital, Ananthapur, Ananthapur district.
Petitioner
AND
-IILJl
1. The state ofAndhra pradesh, represented by its prI-nCiPal Secretary, Health,
Medical and Family welfare Department, secretariat Bui'dl'ngs, velagapudi,
Amaravathi, Guntur Djstr,'ct.
2. The DI'reCtOr Of Publl'c Health and Faml'Iy Welfare, A.P. Vijayawada, Krishna
Dl'strict.
3. The RegI'Onal Director of Medical and Health services, zone-IV, Kadapa, ysR
Kadapa Dl'strI'Ct.
4. The Distrl-ct Medical and Health officer, Ananthapuramu, Ananthapuramu
District.
5. M. Ravl'ndra Kumar, occ .offl'ce superintendent, Government Medical
college, Ananthapuramu, Ananthapuramu District.
Respondents
petition under Article 226 of the constitution of lndl-a praying that in the
c,'rcumstances stated I-n the affl'davit fl'led therewith, the Hl'gh Court may be pleased
to issue an appropriate writ, order or direction more Particularly one I-n the nature of
WRIT OF MANDAMUS to declare the Impugned orders vl-de proceedings
Rc.No.196/Q2/2018 dated.15.2.2O23 of the 3rd respondent in fixing the seniority of
the 5th respondent over and above the petitioner after a lapse of 24 years and fixed
the notional seniority I-n favour of 5th respondent in the cadre of senl-or Assistant
w.e.f. 6.7.1992 and notional seniority l'n the category of offl-ce superintendent w.e.f.
l3vO v5Id2eOJR3ca# do go; 3;ce2q/u2eOn2t2a I draetv:sde2 3S e£,'2O3l tyof" ;i eof3?dffl :e:sS : :de: nntteanndde nltn:efg::tneed-
seniority list of Multi zone-I vide Rc.No. 004117/E3D/2017-23 dated 16.3.2023 of the
2nd respondent is illegal, arbitrary, dl'scriminatory, wl'thout jurisdiction, and v,'olatI'On
of Articles 14,16,19 and 21 of the constI-tutiOn Of India and against the prl'ncl-ples of
natural justice including contrary to the Rule 26 of State and subordinate service
Rules and same ,'s liable to be set aside as the orders are contrary to circular
Memo.No.57759/Ser.A/2004-1 dated 20.5.20o4 and consequently dl'rect the
respondent authorl-ties to consider the case of the petl'tioner for promotI'On tO the post
of Administrative officer in eTSui.ng DPC by treatl-ng the petl-tioner as a senior to the
5th respondent in a" cadres ln VleW Of the orders of the 3rd respondent vide Memo
dt.1.ll.2018 with a" consequential servl-ce benefits.
lANO: 1 OF2023
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 respondent authorities to consider the case of the petitic)ner for promot'lon to the
post of Administrative Officer in ensuing DPC by treating the petitioner as a senior tO
the 5th respondent by suspending the impugned Orders Vide Proceedings
Rc.No.196/C2/2018 dated. 15.2.2023 of the 3rd respondent and consequential
revised seniorfty list of Office Superintendent of Zone-lV vide Rc.No.866/C2#022
dated 2.3.2023 of the 3rd respondent, pending disposal Of WP 8447 of 2O23, on the
file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
Affidavit filecl in support thereof and the earlier order Of the High Court dated
04.04.2023 made herein and upon hearing the arguments Of Sri.K.Satyanarayana
Murthy Advocate for the Petitioner and of leamed Government PIeader for Services-
IV for Respondent Nos.1 to 4 and of Sri.N.Harinath Reddy Advocate for Respondent
No.5, the Court made the follovving;
ORDER:
ttHeard learned counsel for the petitioner and leamed Govemment
PIeader for the Respondents.
lt is an admitted fact that the petitioner herein is senior to the unofficial
respondent in all these 24 years. [T is also an admitted fact that Respondent
No.3 issued impugned proceedings considering request of Respondent No,5
I and granted notional seniority on par with one Sri C.P. Bhaskar by which
Respondent No.5 became senior to the petitioner after lapse of 24 years.
Hence it is nothing but unsettling the seniority of petitioner and others, which
was settled 24 years ago without issuing any notices or calling objections.
Learned counsel for the petitioner relied upon the judgment rendered by
the Hon'ble A`pex Court -ln B.S. Bajwa and another Vs. State of Purtyab and
others, wherein the Hon'ble Apex Court laid down the ratio that the settled
seniority cannot be unsettled after the lapse of a longer period. The said ratio
of Hon'b[e Apex Court squarely covered to the facts of the case in hand and
impugned order is liable to be setraside.
ln view of the said rati?,, the present case in hand is that the seniority
of the petitioner was unsettled after 24 years, which is after lapse of t\^,o
decades. ln view of the ratio as stated supra, the seniority of the petitioner
cannot be unsettled.
There shall be an interim direction directing the Respondents to reserve
one post i.e. Administrative Officer (promotion post) for consideration of the
case of the petitioner promotion for promotion for a period of six(06) weeks.
Post the matter on 19.06.2023, for filing counter affidavit by the learned
counsel for the unofficial Respondent."
Sol/-S. SR'N!VASA PRASAD
ASSISTANT REG!STF?`AFrR
//TRUE COPY// SECTIOi`' OFF-lCER
Fol
To,
1 -The Principal Secretary, Health, Medical and Family Welfare Departmen,ti- -+ J
State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi,
Guntur District.
2. The Director of Public Health and Family Welfare, A.P. ViJ'ayaWada, Krishna
District.
3. The Regional Director of Medical and Health'Services, Zone-lVI Kadapa, YSR
Kadapa District.
4. The District Medical and Health Officer, Ananthapuramu, Ananthapuramu
District.
5. M. Ravindra Kumar, Occ .Office Superintendent, Government Medical
College, Ananthapuramu, Ananthapuramu District. (1 to § by RPAD)
6, One CC to SRI.K.SAIYANARAYANA MURTHY Advocate [OPUC]
7. Two CCs to GP FOR SERVICES IV, High Court OfAndhra Pradesh: [OUT]
8. One CC to Sri.N.Harinath Reddy, Advocate (OPUC)
9. One spare copy
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HIGH COURT
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DATED:01,.05.2023
ORDER
POST THE MATTER ON 19.06.2023
WP.No.8447 of 2023
DIRECTION
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