Amarlapudi Nirmala Santha Kumari Vs the State of Ap

APHC010514772025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE FIFTEENTH DAY OF OCTOBE O TWO THOUSAND AND TWENTY FIVE PRESENT . ^ ^ THE HONOURABLE SRI JUSTICE NYAPATHY VIJA'T^^ A HS

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WRIT PETITION NO: 27195 OF 2025

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Between:

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Amarlapudi Nirmala Santha Kumari, W/o M. Vijay Daniel, Aged about 51 years, C/o 21-10/3-93A, Srinagar, 3 rd Line, Muthyalampadu, Vijayawada Andhra Pradesh-520011.

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...Petitioner

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AND

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The State of Andhra Pradesh, rep by its Principal Secretary, Health, Medical and Family Welfare Department, Government of Andhra Pradesh, Andhra Pradesh'Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Medical Education, Government of Andhra Pradesh, Directorate of Medical Education, Near Old Government General Hospital, Hanumanpet, Vijayawada, Krishna District, Andhra Pradesh, PIN-520003. 3. The Principal Government Dental College and Hospital, Vijayawada, 6- Central Jail Road, 3, ESI Road, NTR Colony, Veterinary Colony, Gunadala, Vijayawada, Andhra Pradesh, PIN 520004. 4. The Regional Director of Medical and Health Services, Rajamahendravaram, Office of the Regional Director of Medical and Health Services, District Hospital Campus, Rajamahendravaram, East Godavari District, Andhra Pradesh, PIN- 533101.

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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

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pleased to issue a Writ, Order, or Direction, particularly^{oneinthenatureof} Writ of Mandamus declaring the inaction of the respondent in promoting the petitioner to the post of Dietician despite the petitioner possessing^alleligible • and requisite qualifications for the post of Dietician, and the petitioner alone is the only candidate fulfilling the eligibility criteria for the said post, on par with similarly situated candidates have already been promoted^{fromstaffnurseto} the Dietician as per promotion order RC.No. 8229P22010^{dated02.02.2012as} illegal, arbitrary, and violative of Article 14, 16,21^{oftheConstitutionofIndia,} legitimate expectation and consequently direct the^{respondenttoconsiderthe} case of the petitioner and promote the petitioner as a dietician on par with t similarly promoted candidate as dietician as per promotion order RC.NO.8229P22010 dated 02.02.2012.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to • direct the respondents to consider the petitioner representations dated 12.09.2017, 18.05 2021, 01.07.2023 and finally on 19.04.2024 for the post of dietician forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI REGULAGADDA VENKATESH Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order:

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[3460]

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APHC010514772025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 27195/2025

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Between:

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Amarlapudi Nirmala Santha Kumari

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...PETITIONER

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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REGULAGADDA VENKATESH

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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2

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\ \

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.27195 of 2025

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O R DE R:

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The present Writ Petition is filed questioning the^inaction of the Respondents in not considering the case of the Petitioner for promotion to the post of Dietician despite having qualifications as prescribed in A.P. Medical Subordinate^Rules.

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The facts leading to filing of the present Writ Petition^are as follows:

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The Petitioner is working as Staff Nurse since 1998. It is stated that the next available post for promotion to the Petitioner is Dietician under the A.P. Medical Subordinate Rules. Though the name of the Petitioner was furnished by the Director of Medical Education vide Letter dated 11.05.2022ⁱⁿ ROC.NO.10475/E3.G/2022 along with 23 others, no further proceedings have been initiated thereon and the Petitioner^is continuing to work in the same post in which she was appointed as Staff Nurse for the last 27 years. It^isalsostated that the Petitioner had given a representation on 03.07.2025^to the Respondent Authorities, however, there is no response.

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3

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Hence, the present Writ Petition.

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Learned Assistant Government Pleader would submit that the representation of the Petitioner dated 03.07.2025 would be considered in accordance with the rules governing the promotion/appointment by transfer to the post of^Dietician and appropriate orders would be passed.

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Considering the submissions made, the present Writ Petition is disposed of with following directions: i) The Respondents are directed to examine the representation of the Petitioner dated 03.07.2025 for promotion/appointment by transfer to the post of Dietician^as per the A.P. Medical Subordinate Rules within a period of eight

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weeks from today, subject to the seniority and eligibility.

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ii) There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pendingⁱⁿ

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this Petition shall stand closed

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//TRUE COPY//

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Sd/- T. SRINIVASA RAO assistant registrar SECTION OFFICER

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To,

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The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Government of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravati,^{GunturDistrict.}

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The Director of Medical Education, Government of Andhra Pradesh, Directorate of Medical Education, Near Old Government General Hospital, Hanumanpet, Vijayawada, Krishna District, Andhra Pradesh, PIN-520003.

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/
/

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The Principal Government Dental College and Hospital, Vijayawada, 6- Central Jail Road, 3, ESI Road, NTR Colony, Veterinary Colony, Gunadala, Vijayawada, Andhra Pradesh, PIN 520004.

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The Regional Director of Medical and Health Services, Rajamahendravaram, Office of the Regional Director^ofMedicaland Health Services, District Hospital Campus, Rajamahendravaram,^East Godavari District, Andhra Pradesh, PIN- 533101.

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