Disposed

Shaik Asifa, v. The State of Andhra Pradesh

Andhra Pradesh HC30 Aug 2023WP/22430/2023

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition filed by a staff nurse seeking directives to join service despite a pending criminal case. The court directed respondents to consider her representation and pass orders within four weeks without deciding merits.

What did the court decide?

Direction to respondent authorities to consider the petitioner's representation and pass appropriate orders within four weeks.

Shaik Asifa, Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2023)

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‘J

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 22430 OF 2023

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Between:

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Shaik Asifa, D/o Babu, aged about 25 years Occ. Staff Nurse, R/o D.No. 11/22/820, Thufan Nagair, Kavali, SPSR Nellore District

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat, Velagapudi, Guntur District.

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The Regional Director, Medical and Health Service, Guntur District.

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The Director of Public Health and Family Welfare, Vijayawada.

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The Commissioner Andhra Pradesh Vydhya Vidhana Parishath, Vijayawada.

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The District Coordinate of Hospital Services and Medical Superintendent, Atmakur, SPSR Nellore District.

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****

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The District Collector, Nellore, SPSR Nellore District.

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...Respondents

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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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.4 to 6 in not considering my representation, Dt.20.03.2023 made to Respondents by taking me into service by issuing appropriate orders allowing to join into service in spite of provisionally getting selected as Staff Nurse on contract basis pursuant to recruitment and. duly posting at CHC, Allur, SPSR Nellore vide R.G.No.540/B1/2022-23, Dated 13.02.2023 and consequently direct the Respondent Nos.4 to 6 to issue appropriate orders allowing me to join duty.

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lA NO: 1 OF 2023

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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, pending disposal of the writ petition direct the respondent No.6 to take me into service as staff nurse in terms of my provisional allotment at CHC, Allur, SPSR Nellore District.

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Counsel for the Petitioner: SRI M RAVINDRA

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Counsel for the Respondents: GP FOR SERVICES - IV

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The Court made the following: order

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION No,22430 of 2023

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ORDER:-

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The present writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following relief:

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"...to issue an order or direction more particuiariy, one in the nature of Writ of Mandamus, deciaring the action of the respondents 4 to 6 in not considering her representation, dated 20.03.2023 made to the respondents by taking her into service by issuing appropriate orders aiiowing to join into service inspite of provisionaiiy getting seiected as Staff Nurse on contract basis pursuant to recruitment and duiy posting at CHC, Ailur, SPSR Neliore vide R.C.NO.540/B1/202223, dated 13.02.2023 and consequentiy direct the respondents 4 to 6 to issue appropriate orders..."

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The case of the petitioner is that she worked as staff nurse at Government Hospital, Atmakur, SPSR Nellore District as per proceedings of the District Coordinator of Hospital Services, SPSR Nellore District in Rc.No.Spl/E2/DCHS/NLR /2019, dated 09.03.2019 from 10.03.2019 to 20.03.2022. Thereafter, she applied for the post of Staff Nurse on contract basis and provisionally selected during the course of counseling conducted on 13.02.2023 by the 2"** respondent and posted at CHC, Allur, Nellore as per the proceedings in

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■I

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RC.No.540/Bl/2022-2023, dated 13.02.2023 and she was served with the said copy. In view of the same, when she went to the office of the 5^^ respondent for obtaining the movement order allowing her to join duty as Staff Nurse, they orally informed her that as a criminal case is pending against her, they are not in a position to issue movement order allowing her to join duty. As such, she made representation, dated 20.03.2023 to the 6“^ respondent requesting to give appointment order in pursuance of the selection conducted by the respondent authorities but no orders are passed.

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In view of the above said circumstances, without going into merits of the case, as the representation submitted by the petitioner is pending with the respondents, this Court feels it appropriate to dispose of this writ petition with a direction to the respondent authorities to consider the representation, dated 20.03.2023 made by the petitioner and pass appropriate orders on the same in accordance with law within a period of four weeks from the date of receipt of a copy of

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this order.

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With the above direction, the Writ Petition is disposed

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of. There shall be no order as to costs.

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Consequently, miscellaneous petitions pending if any

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shall stand closed.

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Sd/- S.SRINIVASA PRASAD ASSISTANT REGISTRAR

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//TRUE COPY// ^^ECTIOl ------------- IN OFFICER

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To.
1 The Principal Secretary, Medical and Health Department, State of Andhra .
Pradesh, Secretariat, Velagapudi, Guntur District.
2 The Regional Director, Medical and Health Service, Guntur District.
3 The Director of Public Health and Family Welfare, Vijayawada
4 The Commissioner Andhra Pradesh Vydhya Vidhana Parishath, Vijayawada.
5. The District Coordinate of Hospital Services and Medical Superintendent,
Atmakur, SPSR Nellore District.
6; The District Collector, Nellore. SPSR Nellore District.
7. One CC to Sri M Ravindra, Advocate [OPUC]
8. Two CCs to GP for Services - IV, High Court of Andhra Pradesh. [OUT]
9. Two CD Copies

HIGH COURT

DATED:30/08/2023

ORDER

WP.No.22430 of 2023

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g 2 3 SEP 2C23
. Current Section

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DISPOSING OF THE WP WITHOUT COSTS

Shaik Asifa, v. The State of Andhra Pradesh

Case brief

What is this about?

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Shaik Asifa, v. The State of Andhra Pradesh

Case brief

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