Dismissed

Dr.Repudi Bhushana Rao v. the State of Andhra Pradesh

Andhra Pradesh HC7 Sept 2022WP/27844/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition appealing an award of incorrect service points. The Court directed the respondents to reconsider the selection process for Civil Assistant Surgeon posts, ensuring the Petitioner's submitted service certificates for Covid-19 duties are evaluated.

What did the court decide?

Impugned proceedings set aside; respondents directed to reconsider objections and award service points based on submitted certificates within six weeks.

Dr.Repudi Bhushana Rao Vs the State… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.27844 of 2022

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ORDER :

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This petition is filed under Article 226 of the

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Constitution of India for the following relief:-

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“ …to i ssue a writ order or direction more particularly in the nature of a Writ of Mandamus and/or any other appropriate Writ declaring the highhanded action of the Respondents in awarding 3 service points instead of 6 service points in pursuant to his application 05.08.2022 for the post of Civil Assistant Surgeon in combined Notification No.4 of 2022, dated 24.07.2022 issued by the 2^nd Respondent despite the representation of the Petitioner and proceeding with the selection process, as illegal, arbitrary, high handed, violative of principles of natural justice and violative of fundamental rights guaranteed to the Petitioner under Articles 14, 16 and 21 of the Constitution of India and consequently to direct the Respondents to award 6 service points to the Petitioner by considering his service certificates before filling up the posts of Civil Assistant Surgeon in combined Notification No.4 of 2022, dated 24.07.2022 issued by the 2^nd Respondent and pass such other order or orders … … .”

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Heard learned counsel appearing for the petitioner and learned Government pleader for School Education and learned Government Pleader for Services-IV appearing for the respondents.

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The grievance of the petitioner is that the notification No.4/2022 does not mention about the application of the G.O.Rt.No.573 HM&FW (B2) Department, dated 01.11.2021 and the only criteria to calculate the service is that the same is with the prior concurrence of the Government. Though the petitioner has worked in Covid-19 duties in Eluru, Tangellamudi in the Red Zone as Medical Officer, the same was not considered by the respondents and issued selection list. It is also the grievance of the petitioner that he belongs to SC category and is having fair chances to be selected to the said post and he is deprived of his post for not considering his ‘6’ service marks despite his eligibility.

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This Court observed that the respondents are not awarding points as per the notification. Thereafter, the petitioner has raised objections on 10.08.2022. However, the same has not been considered by the respondents and issued proceedings in Rc.No.995/E.6.C/REC.CAS/2022, dated 19.08.2022.

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On hearing, it is represented by the learned Government Pleader that the petitioner has failed to submit service certificate for attending Covid-19 duties. But as mentioned by the learned counsel for the petitioner that he has

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filed the material papers along with Service Certificate which is filed at page No.27 as P6. Therefore, this Court is of the considered opinion that, to dispose of the writ petition with certain directions.

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Accordingly, the Writ Petition is disposed of setting aside the impugned proceedings in Rc.No.995/E.6.C/ REC.CAS/2022, dated 19.08.2022, issued by the 2^nd respondent. Further, the respondents are directed to reconsider the objections dated 10.08.2022 filed by the petitioner by taking into consideration the Service Certificate of the petitioner before filing up the posts of Civil Assistant Surgeon in combined Notification No.4 of 2022, dated 24.07.2022 issued by the 2^nd respondent and pass appropriate orders in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order.

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There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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______________________________ DR. K. MANMADHA RAO, J.

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Date : 07-09-2022 Note : C.C tomorrow. (B/o) Gvl

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HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.27844 OF 2022

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Date : 07-09-2022

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Gvl

Dr.Repudi Bhushana Rao v. the State of Andhra Pradesh

Case brief

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Dr.Repudi Bhushana Rao v. the State of Andhra Pradesh

Case brief

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