KALAVALAPALI LAXMI v. THE STATE OF AP, RGD BV

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 stay of any proceedings to appoint another person in the post till final disposal of the above writ petition and pass Counsel for the Petitioner:

1. A V S LAXMI Counsel for the Respondent(S):

1. GP FOR SERVICES IV

2. G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) The Court made the following: ORDER: 3 The Writ Petition is filed seeking the following relief: “pleased to issue any writ order or direction more particularly one in the nature of the WRIT OF MANDAMUS declaring the action of the respondents in not considering to reappoint/appoint the petitioner in the same post in which the Petitioner was working as arbitrary illegal and not in accordance with the service rules and declare that the petitioner is recruited for employment for the post she was working earlier or against recruitment for which application was submitted and direct the present Respondents Nos.2 to 4 to appoint the Petitioner to the post of Asha Workers and pass”

2. The contention of the petitioner is that she had been working as an Asha worker continuously for a period of 10 years, i.e., from 03.11.2006 to

31.12.2016. In view of the accident met by her, she was unable to walk and could not attend her duties. She made a representation dated 16.05.2019, requesting the authorities to allow her to resume her duties. As the authorities have not considered the same, she filed the present Writ Petition seeking a direction to the respondent authorities to reappoint her to the same post.

3. The respondents have filed their counter-affidavit. In paragraphs 6 and 7 thereof, it is stated as follows: the applications “6. It is to submit that Smt Kalavapali Laxmi devi has applied for the post of ASHA at Gowripatnam. As per the ASHA's recruitment guidelines, the Medical Officer PHC concerned shall receive the candidates with due acknowledgment and after scrutiny of the applications, the applications submitted to the VHNSC committee concerned (List of VHSNC Committee members details under Rural areas is enclosed), which should be convened to select one of the shortlisted candidates, those who applies for the post of ASHA in rural area and submit the list to District Medical & Health Officer, Anakapalli through Medical Officer for further scrutiny. The District Medical & Health Officer has submitted the merit list received from the VHNSC Committee to District Selection Committee for approval. (a copy of guidelines for community processes)

7. It is submitted that the VHSN Committee considered the application of the petitioner along with other candidates and finally recommended one Smt Kalavapali Laxmi devi as ASHA worker. Basing on the said recommendation, she got selected 4 and vide proceedings dated 01.08.2023, she was given appointment order and she joined as ASHA worker on 01.08.2023 and working as such. The contention of the petitioner that no one is posted or appointed in her place is totally in correct and wrong statement. The petitioner participated in the selection through the notification issued in 2022, but could not succeeded. As such the petitioner has no right to seek direction to place her in the non-existing post. As per the guidelines, the VHSN Committee propose the candidate from the candidates applied for the ASHA post and passes the resolutions and submit the applications to the concerned Medical Officers in the District and thereby the Medical Officer scrutinize and resubmit to the District Medical & Health Officer for approval and after approval of District Selection Committee and issued necessary orders to the selected candidates for the post of ASHA. She approached through Spandana programme at Spandana Collectorate, Anakapalli Request appointment No.ANPL20230703403 dated 03.07.2023.”

4. Heard Sri Appa Rao, learned counsel representing Smt.A.V.S.Laxmi, learned counsel for the petitioner, learned Assistant Government Pleader for Services-IV appearing for respondents 1 to 3, and learned Standing Counsel appearing for respondent No.4.

5. As seen from the counter-affidavit, petitioner had not attended her duties from 31.12.2016. Respondents have selected a new candidate and appointed in her place through the District Selection Committee, accordance with the prescribed guidelines and procedure. Accordingly, the new candidate has already been appointed in place of the petitioner and there is no vacancy available, the petitioner’s request for reappointment cannot be considered.

6. Learned Assistant Government Pleader submitted that as there is no vacancy for the present, in the event of any fresh selection process, the petitioner is at liberty to participate in the same.

7. Considering the submissions made by the learned counsel on either side and as there is no vacancy, the question of reappointing the petitioner to the very same post does not arise. However, if any new selection process is undertaken by the authorities, the petitioner can participate in the 5 same and the authorities shall consider the case of the petitioner in accordance with her merit and applicable rules.

8. With the above observations, the Writ Petition is disposed of. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Date : 24-08-2026 BMS ______________________________ JUSTICE BALAJI MEDAMALLI