D.Rekha Vs The District Medical and Health Officer

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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declare the impugned action of the respondents in not fixing the seniority of the petitioner along with her batch-mates selected to the post of Multipurpose Health Worker (now re-designated as Multipurpose Health Assistant (F)) during the year '1995 while extending the said benefit in respect of similarly situated person vide Rc.No. C11104612015, dated 11-12-2015 without any justification or reasonable cause on the untenable ground that the petitioner has not approached the Court of law and obtained orders is as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of lndia and consequently hold that the petitioner is entitled for fixation of her seniority in the post of Multi Purpose Health Worker (F) along with^'1995 batch selections and consequently entitled for promotion to the post of Multipurpose Health Supervisor (F) on that basis along with 1995 batch-mates in terms of the Judgment reported in 2008 (6) SO 328 with all consequential and attendant benefits.

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lA NO: 1 OF 2024

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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 direct the respondents to consider the case of the petitioner for promotion to the post of Multipurpose Health Supervisor (F) by duly counting her seniority along with 1995 batch selectees to the post of Multi Purpose Health Worker (F) (now re-designated as Multipurpose Health Assistant (F), pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI D.BALA KISHAN RAO Counsel for the Respondents: GP FOR SERVICES-I

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA I{ARTHIK

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WRIT PETITION No.36O7 8 0F 2024

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ORDER:

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With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage

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This Writ Petition is filed under Article 226 of

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Constitution of India seeking the following relief:

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"...to issue a Writ, order or direction more particularly one in the nature o[ Writ of Mandarnus, declare the impugned action of thc responclents in not lixing the seniority of the petitioner along with her batch mates selected to the post o[ Multipurpose Health Workcr (now re-designatcd as Multipurpose Ilealth Assistant (F)) during the year I995 while extending the said benelit in respect of similarly situated person vide Rc.No.Cl/1046/2015, dated 11.12.2015 withaut any justification or reasonable cause on the untenable ground that the petitioner has not approached the Courl of law and obtained orders is as illegal, arbitrary, unjust and violative ofArticles 14, 16 and 2l of rhe Constitutioii of India and consequently hold that thc petitioner is entitled for h-xation of her seniority in the post of Mulh Purpose flcalth Worker (F) along with t995 batch selections and consequently entitled for promotron to the post of Multipurpose Health Supervisor (F) on that basis along with 1995 baLch mates in terms of the Judgment rcporred in 2OOB (6) SCJ 328 wirh a11 consequential and attendant benelits and pass..."

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Heard Sri D.Balakishan Rao, learned counsel for the petitioner and learned Government Pleader for Services-I for the respondents.

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Learned counsel for the petitioner submits that in response to the notification issued by the respondents for the post of Multi Purpose Health Worker during the year 1995, the petitioner applied for the said post, participated in the

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PK,J LoD 36078_2024

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selection prccess and got selected. However,^{the appointment} order could not be given to the petitioner as^{sorne of the} unsuccessful caldidates approached the erstwhile^Tribunal by hling O...No.196 of 1996, in which the^{petitionerand} others cont.ested the case. The Tribunai disposed of the^said O.A. on 2I .O1.1997 . Consequently, the petitioner was appointed as Multi Purpose Health Worker^{(Female)(now re-} designed as Multi Purpose Health Assistant^(Female)) by respondent No.l on 30.03.1997. Learned counsel further submits thal- the batch-mates of the petitioner were appointed in the year 1996 itself and the petitioner is entitled for notional seniority on par with her 1995 batch-mal-es as per Rule 33 (bl of the Telangana State and Subordinate Service Rules. Thr:refore, learned counsel prays this Court to permit the petitioner to make representation before the respondents redressing her grievance and the respondents may be directed to consider the same and pass appropriate orders, within a reasonable period of time.

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Learned Government Pleader for the respondents submits thal- the respondents will consider the representation

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PK,J up 36078 2024

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of the petitioner, as and when received and pass appropriate orders, in accordance with law.

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Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make a representation before the respondents redressing her grievance within a period of one (1) week from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks thereof and communicate a copy thereof to the petitioner. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand

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closed.

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SD/-T. JAYASREE ASS]STANT^REGI$TRAR

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/TTRUE COPY//

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@'' sECTloN 6prtcen

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To'" 1. Th" District Medical and Health Officer' Nirmal'.Nirmal District' i. +H #;i;i'"i^{H"irtn-, siuie of relansana, Hvderabad'} 3 rhe Principrr s""r"trrvliiJirir1,'{L?iE'i^{ii'o'f'-milvwelfareDepartment'} Secretariat,^{Hyderabad, State of I elangana'} -o. enLX risilnrl Rro'"novocate toP u cl 4. &; Ec 6's^{f, r} 5. Two ccs to^{Gp FoitEaiviiEi-r,nigtr eourt roi$re state of Telangana,at} HYderabad. [OUT] 6. Two CD^Copies

PSK. BS

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HIGH COURT

DATED:0710112025

ORDER