The High Court dismissed a writ petition challenging the cancellation of a promotion to Community Health Officer as infructuous after the petitioner's counsel informed the court that the cause did not survive for adjudication.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
SATURDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION NO: 16240 OF 2018
Between:
Smt N.ViJaya, Wo Late [t4. Karunakar, Aged about 44yearc, working as Public Health Nurse (NT), PHC Uppal, Medchal District. Rl/o H.No.1-36, P, G'1 , RK Castle, Mallikarjuna Nagar, Uppal Depot. Medchal District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction moreparticularly one in the nature of Writ of Mandamus to declare the action of the 1st respondentin canceling the promotion of thepetitioner to thepost of Community Health Officer vide impugned Proceedings RC. No.603/E5B/2005, dated21 .O9.20'17 as illegal, unjust, arbitrary and violation of the Articles 14 and 16 of the Constitution ofIndia and consequently direct the respondents to restore thepromotion of the petitioner to the post of Community Health Officer (CHO) issued vide Proceedings No.7'l34lE5Bl20'16, dated 08.06.20'l 7 by the1st respondentand consider the case of thepetitioner forposting in theexisting vacancy at PHC, Narsingi (or) any other existing vacancy with all service andmonitory benefits. lA NO: 1 OF 2018
Petition under Section 151 CPCpraying that in the ctrcumstances stated in the affidavit filed in support of thepetition, the High Court may bepleasedto direct the 2nci respondent to consider the representations of thepetitioner dated 03.05.20'17 and 19.06.20'l 7, for herposting in the existing vacancy atPHC, Narsingi (or) any other existing vacancies, by suspending the operationof impugned Proceedings RC. No.603/E58I 2005, dated21 .O9.2017 . Counsel for the Petitioner: Ms.N. SAMEENA REPRESENTINGFOR
SRI POODATTU AMARENDER
Counsel forthe Respondents: GP FOR SERVICESI The Court made the following: OROER
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
IVRIT PETITION NO. 16240 OF 201A
ORDER:
Today u,hen the matter is taken up for hearing, Ms. N.Sameena, learned counsel representing Sri P.Amarender, learned counsel for the petitioner fairlv submits that t he cause in Lhe 1;rcsent \yrit petition does not survive for adjudication.
dismissed as infructuous.
closed. No order as to costs
SD/- P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR
//TRUE COPY// /r. SECTION{OFFICER
To, 1. One CC to SRI POODATTU AMARENDER, Advocate [OPUC]
BN
GJP
HIGH COURT
DATED:1910812023
ORDER
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WP.No.16240 of 2018
DISMISSING THE WRIT PETITION AS !NFRUCTUOUS WITHOUT COSTS
2 provisions across 2 enactments
Smt N.ViJaya
The Director of Public Health and Family Welfare, Govt of Telangana
NAMAVARAPU RAJESHWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
