Allowed

Ch.Rambayamma, v. The Director of Public Health and Family Welfare

Telangana HC20 Sept 2023WP/5238/2017

Case brief

AI extract

What is this about?

This order in a writ petition addresses the set-aside of proceedings reverting promoted health assistants to lower posts. The court ruled that the action violated natural justice due to lack of notice and opportunity, directing fresh consideration of promotion claims.

What did the court decide?

The impugned proceedings dated 10.02.2017 set aside. Respondents directed to consider promotion claims within 2 months after giving notice to all parties.

Ch.Rambayamma, Vs The Director of Public… — Pension and Retirement Benefits | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELiI..IGANA AT HYDERABAD (Special Origindl Jurisdiction)

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WEDNESDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

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WRIT PETITION NO: 5238 OF 2017

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Between:

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Ch.Rambayamma, Wo Venkateswqra Rao, aged:-i9 years, Occ: lt/PHS (F) Gamdhampalli PHC, Mahabubabad District.

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K.Yijaya Bharathi, Wo Nageswara Rao, aged 43 years, Occ: MPHS (F) SubCentre, Sagireddypalli Kothaguda PHC, Mahabubabad District.

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...PETITIONERS

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AND

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1 . The Director of Public Health and Family Welfare, State of Telangana, Hyderabad 500001

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The Dist, Medical and Health Officer, Mahabubabad District at Mahabubabad

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The State of Telangana, rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.500022.

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Smt.D.Devamma, Occ: MPHA (F), Oopai Sub-Centr,,: Kothaguda PHC, Mahabubabad District at Mahabubabad.

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Smt.A.V.Ramana Kumari, Occ. MPFIA (F), Narsapuram PHC, Kothagudembhadradi Dist.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in reverting the petitioners from the posts of MPHS[F] to MPHA[F] by cancelling the promotions orders, vide impugned Proceedings Rc.No.A2t724t2O,6-17, daled 10-02-2017 without issuing any notice or opportunity'as highly illegal, arbitrary and contrary to law rules and consequentially, this Hon'ble Court may be pleased to declare that the petitioners herein are entitled to continue as MPHS (F) at their respective places by set asiding the impugned order dated 10.2.2017.

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.d-

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LA. NO: 1 OF 2017(WPMP. NO: 6378 OF 2017)

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Petition unde r Section 15'1 CPC praying that i1 the circurnstances stated in the affidavit filed in support of the petition, the High Cor rt may be pleased to direct the responde nts herein to continue the petitioners ht:rein as MPHS (F) at their respective p aces by suspending the impuglned Proce:edings Rc.No. A2172412016-17, dated 10-02-2017 pending disposat c,f'.ae rbove, writ petition.

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Counsel for the Pelitioners: SRI SHAIK HAMEED FOtt SRM.R.TAGORE Counsel for the Re:rpondent Nos.1 TO 3: GP FOR SET?VICE.S ll Counsel for the Rer,pondent Nos.4 & 5: --

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The Court made the following: OROER

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THE HON'BLE SRI JUSTICE J. SREENI/AS RAO

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WRIT PETITION No.5238 of 2OL7

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ORDER:

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This Writ Petition is filed seeking the following relief;

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"to issue a Wit, order or direction more particularlg one in tlne nature of Writ of Mandamus declare the action of the respondents in reuerting the petitioners from the posts of MPHS(F) to MPHA(F) bg cancelling the promotions orders, uide impugned Proceedings Rc.No.A2/ 724/ 2O16-17, dated 1O.O2.2O17 tuithout issuing ang notice or oppoftunity as highly illegal, arbitrary and contrary to lanu ntles an.d consequentially, this Hon'ble Court maA be pleased to declare that the petitioners herein are entitled to continue as MPHS(F) at tlteir respectiue places bg set asiding the impugned order dated 1O.2.2O17"

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Heard Sri Shaik Hameed, learned counsel representing Sri M.R.Tagore, learned counsel for the petitioners and learned Assistant Government Pleader for Services-Il, appearing for respondent Nos. 1 to 3.

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When the matter was taken up for hearing on 04.O9.2023, there was no representation on behalf of the unofficial respondent Nos.4 and 5. To give one opportunity, the matter was posted to 08.09.2O23. On OA.O9.2O23 afso there was no representation on their behalf. Therefore, to-give one more opportunity, the matter was posted to^15.O9.2023. On 15.O9.2O23, also

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there was no representation and to aJford final indulgence, the matter has been posterl to 2').Ct9.2023. Today also, rhere is no representation on^-.heir behalf. Inspite of givjng several opportunities, there has been no representatio r on behalf of unofficia-l r:spo rcler t Nos.4 and 5.

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Learned counsel for the petitioners sr:bmits that petitioners ! /ere appointed AS Multipurpor;e Health Assistants(Fe nale)(for short "M.P.H.A.(F)') on 02. -2.7996 by direct recruitment under ST category in the agency area of erstv'hile Khammam district. '['hert:after, their servlces wer -' regularized ald prob:rtion we-s also declared. Sutrsequently, the petitioners were promoted on 17.O1.2O17 to the post of Multi Purp,o,;e Health Supervisor(F'e rrale)(for short "M.P.H.S.(F)"). The petitioners wlrile discharging their duties in the post of M.P.H.S.(F), respondent No.1 issrred impugned proceedings c ated 1O.O2 .2077 reverting the pet tioners from M.P.H.S(P) to M.P.H.A.(F).

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::3::

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Learned counsel for the petitioners vehemently contended that before issuing reversion vide impugned proceedings, no notice was issued and they were not given any opportunity, which is in clear violation of principles of natural justice.

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Per contra, learned Assistant Government Pleader for Services-Il submits that, the petitioners are junior to respondent Nos.4 and 5, therefore, respondent No.1 had rightly issued the impugned proceedings.

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Having considered the rival submissions made by the respective parties and after perusal of the material available on record. wh-ich clearly reveals that the petitioners were appointed to the post of M.P.H.A.(F) on 02.12.1996 by direct recruitment and their services were were regularized. Thereafter,on 17.Ol.2Ol7, they promoted to the post of M.P.H.S.(F) and respondent No.1 issued the impugned proceedings on lO.O2.2Ol7 reverting the petitioner from the post of M.P.H.S(F) to M.P.H.A.(F) and the said impugned proceedings clearly reveals that in order to accommodate the unofficial respondent Nos.4 to 5, the petitioners were reverted to

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{

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the post of l{.P.H.A. It further reveal:; thirt prior to issuance of the impugned reversior: ordr:r dated LO.O2.2OI7, rt:spondent No.1 has not is:;ued any notice and not given any opportunity to the petitioners. Hence, the impugned proceedings passed by respond,:rLt I'lo. 1, is in clear violati rn of principles of natura-l j,rstice.

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a. The llott'ble Altex Court in UditNoloin Singh Malpaharia a. Addl. Mernber Boaro' oJ )leoenuel, relyingon the -judgment 1n King a. l,ondon Countg Council [(1931) 2 KB 275, 243] held as undr'r';

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" W7teret'er angbodg of persons (l) hauing legal ar fthoritg (2) to deterrnine question:; affectiryt ights of subjects and (3) h.auing thct dutg to zct judicialty (4) act in exce:;s of tlrcir legal an fthoritA - a u,.tit of certiorari ntall issue". ,t uitl be seen from the ingredier Lt:; o-f judicial act that there must be a dutg to act judiciallq. A tibuna| therefore, exercis,nq a judicial or quasi-judicial act cannot decide against the rights of a partg tuithout crit.inll him a h earing or an opportun-itg to repr'?sent his case in the manner knotun to lau. tf thtprouisions of a particular statute or rtde:; made '.h.ereunder do raot prouid.e rt)r i|,

'AIR^{1963 sc 786}

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principles of natural justice demand it. Ang such order made uithout heaing the affected parties utould be uoid.

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As a wit of certiorari u.till be granted to remoue ttrc record of proceedings of an inferior tribunql or authoritg exercising judicial or quasi-judicial acts, ex hgpothesis it follows th.at th.e High Court in exercising its juisdiction shall also act judiciallg in disposing ofthe proceedings before it.

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The Hon'ble Supreme Court in Allwyn Housing Colony Welfare Association Vs. Government of Andhra Pradestr and ottrers^zheid as under;

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"No aduerse orders ca.n be passed u.tithout hearing the affected partA."

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1O. For the foregoing reasons, the impugned proceedings dated lO.O2.2Ol7 passed by respondent No.1 is liable to be set aside and accordingly set aside, and the respondents are directed to consider the claims of the petitioners for promotion to the post of M.P.H.S.(F) and other service benefits and pass appropriate orders in accordance with 1aw, after giving notice and opportunity to the petitioners as well as respondent Nos.4 and⁵ 2l2OO9) 9 SCC 489

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within a per od of two (02) months fi om ttrc date of

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receipt of a cc py of this oi:der.

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1 1. Accordir gly, the writ petition 1S disposed of. No

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costs.

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Pending miscellaneous applicatiorLs, il' any, shall

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stand closed.

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SI)/-I.V.S. PRASAD ASSIS'iANIT REGISTRAR //TRUE COPY// . ,(5 SECTI6N OFFICER

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1 The Director o' Public Health and Family Welfare, State r:f Telangana, Hyderabad.50 )001 2 The Dist Medical and Health Officer, Mahabubabad District at Mahabubabad a The Principal {;ecretary, Health, Medical and Fami y Welfare frepartment, Secretariat, H1'derabad, State of Telangana 500022. 4 One CC to SRI M.R.TAGORE, Advocate [OPUC]

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5 Two CCs to G'] FOR SERVICES-Il, High Court for the Slale o'Telangana, at Hyderabad [()UT] 6 Two CD Copie s PSK. I.S

HIGH COURI'

DATED:20109,'12023

ORDER

WP.No.5238 of 2017

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