The High Court · 2025

The State of Telangana Rep- by its Principal Secretary' LET and F Deoartment, Secretariat Buildings. Hyderabad' ff5ij il;;i;i l"';;;;"" r',r"oi. ji su*i ces, State or T ela ns ana' H v{erabad D;. 6.';fi;p;thi. Special Grade Civil Surgeon, ESI Hospital' Sanatnagar' Located at Nbcharam. HYderabad -D;. V;'"R Vitiar, Srieciar Grade Civil Surgeon, ESI Hospital Sanatnagar' Located at Nacharam, HYderabad. bY n"i#i", SG"Ai 'Gr;d; ciliburg"on, ESI Hospital sanatnagar' Located - ftiatral,- Sptciat Grade Civil Surgeon' ESI Hospital' at Nacharam, HYderabad. 6 D;.'--i( 7 ij;" il:"shtr;- ari, di"lr sGeon specialist Anaesthesia' ESI Hospital' B #""il]"l,,.il;;ffi;,"c;ii-srtG"" bpecialist orthopaedics' ESI Hospital I 5; V -6;ng;-ShinLr,,"Ci;l SU'd"* specialist General surgery' ESI " -notplt"t, Srn"rtnrgrr. Located at NaCharam, Hyderabad' ro o."6'Virv"ilis-;, CJii S;;d;-Speciarist General Surgery' ESI Hospital' RamachindraPuram. HYderabad. -.drrg"on 1.1.Dr . B Aruna Anaratfii"b];it speciatist Psychiatry, ESI Hospital' Sanatnagarl Located at Nachatam. Hyderabad' Sanatnaqai, Locateil at Nacharam ' Hyderabad Ramachand raPu ram, HYderabad. Sanatnagar, Located at Nacharam. Hyderabad ' ...RESPONDENtS Petition ,nder 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 call ror the records pertaining to G.o.Ms.No.g dated 30101/2004 and set it aside to the extent of excluding the p.G. Diploma Hclders for promotion to the post of sper:ial Grade civil surgeon and consequenfly hold the action of the respondents in excluding P.G. Diploma Holders for consirieration for the post of special Grade civil surgeon drawing a distinction and making discrimination between the P. G. Diploma Holders and p.G. Degree Hr:lders in the cadre of civil surgeon (sipecialist) which is a homogeneous group and not acting on the recommendatiorrs of the Anomalies committee, though th,: same was submitted way back in 2o14 and in utter disobedience of the orderrs of this Honourable Court dated 24108t2017 in WP.No.26841 of 2017 and keeping the genuine ctaim of the petitioners rn the cold storage on one hand and contemplating to fill the existing vacancies of Special Grade civil surgeon ernd to set-aside the G o [/s.No 4 dated 23to1t2021 and G.o.t\/s.No.9 dated 0110212021 issued by the respondents promoting the party respondents to the category of Special Grade civil Surgeon as bad, illegal, arbitrary, discriminatory and unconstitutional and consequently make necessary amendments to the speciar Rures retrospectively and consider the claim of the petitioners and promote them as special Grade crvil surgeon w.e.f. the date of availability c,f the vacancies in the said cadre by issuance of Writ of Mandamus lA NO: 1 OF 2021 Petition under Section 151 cpc praying that in the circumstances slated in the affidavit frled in support of the petition, the High court may be pleased to suspend G.O I\4s.No B dated 3010112004 to the extent of excluding the p G Diploma Holders for promotion to the post of special ,3rade civil Surgeon pending disposal of the writ petrtion lA NO: 2 OF 2021 Petition under section 151 cpc praying that in the lircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the G o.lVls.No 4 dated 23101t2021 and G o.tr,4s.Nr:.9 dated o1to2t2o21 issued by the respondent department pending disposar of the Hon'bre court lA NO: 3 OF 2021 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 drrect the respondents to consider the case of the petitioners in the teeth of report dated ogt11t2o14 submitted by the anomalies .committee pending disposal of the Writ Petition , Counsel for the Petitioners: Ms. A. STEFFE DELIGHTA FOR SRI' J' SUDHEER Counsel for the Respondent No.1: SRI SANTHAPUR SATYANARYANA RAO,AGP FOR SERVICES I CounselfortheRespondentNo.2:SRIS.SUMAN,AGPFORSERVICESIII Counsel for the Respondent Nos.3to11 : - The Court made the following: ORDER THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUN{AR SINGH AND -tHE HON'BLE SRI JUSTICE G.M.MOHIUDDIN I WRIT PETITT oN No.9591 of 2021 ORDER: Heard Ms. A. Steffe Detighta, learned counsel appearing for Sri J. Sudheer, learned counsel for petitioners, Sri Santhaltur Satyanarayana Rao, learned Govemment Pleader fbr Services-I appearing for respondent No.l and Sri S. Sur,zL,, learned Govemment pleader for Services_lll appearing ibr rcspondent No.2. 2. Petitiorrers are working in the cadre of Civil Surgeon (Specialist) lraving been promoted on different dates. They have made. a prayer for setting aside G.O.Ms.No.g dated

30.01.2004 to rhe extent it excludes the p.G. Diploma Holders for prornotion to rhe post of Special Grade Civil Siurgeon as it is discriminatory between the p.G. Diploma llolders i.e., petitioners and P.G. Degree Holders in the caclre of Civil Surgeon (Specialist).

3. It is c,:rlrtended by the learned counsel for the petitioners that carlier, petitioners bcing p.G. Diploma Holders were not evcn considcrcd lbr promotion to the post of Ci.,.il Surgeon 2 !lc-r (AKrS, J) & GMM. J w P No.95gI oI202l t (Specialist). However, a separate channel for promotion to such post from Civil Assistant Surgeon or Civil Surgeon (Specialist) with P.G. Diptoma qualification was created with experience criterion of nine (9) years as against five (5) years for P.G. Degree Holders. Pursuant thereto, they have been promoted as civil Surgeon (Specialist)' They have made representations and a Committee was also constituted to examine their grievances. Now, they are being denied promotion on the basis of G.O.Ms.No.8 dated 30'01'2004 as they are P.G. Diploma Holders. Being aggrieved, they have approached this Court.

1. Respondent No.1 in their counter-affidavit has made the following statements at paragraph No.5. "5. L1 reply to Para 8 & 9, it is respectfully submitted that the then Dircctor vidc Rc.no.l7904/Crievances/2012, dt: 17 0t 2012 have forwarded Grievance committee report to State Government wherein committee have recommended to consider the Diploma holders also in category of Civil Surgeon for the promotion of Special Grade Civil Surgeon. After bifurcation of the State, the Director, Insuratrce Medical Services has forwarded letter to Government vide ['r No 6515lEll20l4 dt:13.12.2014 for clarification on committee report no 228lESIHL/SNR/2014 Dt: l9.l 1.2014' The Govemment vide memo No 5l8/OP&lMS lA2/2012' Dated; 12.06.2020 while agreeing to the rePort o[the Grievance committcc, requested the Director, lnsurance Medical Scrvices to 3 HCJ ( KrS, J) & GMI1, J W P No.9591 ot 202l re-cxarnine the cntire issue afresh and furnish the detailed repon along ll'ith proper justification and specific recommendations and present status of the cases pending in the subject maller to lhe Govemrncnr since there is a rJifference ol opinion among the Dir:ctor of [nsurancc Medical Services, Telangana Hycterabad in therr letrcr Rc.No. I I52lE iAl201 I dated: 30.07 .2012 and. Rc No 57 5 /El /20 tl darcd: 12.12.20t4. Thc [)rrector ol' Insurancc Medical Services, l-elangana State, II dcrabati. vidc Le[rer Rc.No.5]38/E liDpCi20.20, dared 15.,.2021 has colstituted a five membcr committee comprising P.G Diploma and pC degree holders to subrnit a detailed report rvith rrropcr -lustitication whethcr to consider Civil Surgeon Specialist with pG t)iploma qualification lor the post of Special Grarle (lit il Surgeon and vide his lctter Rc.No.5j jg/EllD,pClZO2| dated.l0..1.202I has lorrvarded rhe report ofthe Expert Committee to GJvcnrnent. It rs submitled that, the report ofthe expert comnrittee for couside,rirrg (iivii Surgeon Specialist ivith p.G. Degree rrnd p.G. Diplrma lirr prom()tion to the post of Special Gradc Civil Surgeon requires arucndrnent to thc Spccial Service rules issued .ride GO Ms I\Jo l8i tlealrh Medical & Family Wellare (el) Departmenr, [)ated:0.1.C5. 1996 called as ,,Andhra pradesh Insurance Medical Service Rulcs" read with G.O.Ms No g Labour Employment 1'raining & Factories (lMS) Dcpartment, Dt:30.01.2004 and is under actire colsideration, in consultation with Health Medical Familv Wellare l)cpartmcnt, Law Dspndrn.r, and General Adm i nistratiorr Department_ As per G.0.Ms.No.8, I_abour Employment Training & Factoric, (lMS) Departrnent, I)atecl; 30.01.2004, thc peritioner being the I,.Ci. Diploma holder, is not eligible for the post of Spccial Grade Civil Surgeon, due to lack of prcscribed qualificatron in sen ice rules.,,

5. Learneci counsel for the petitioners submits that the respondent Department has not taken any decisiorr though the w.P No 959I oI2O2I .- \--.1 matter has been under their active consideration during the last ) four (4) years

6. In the limited gamut of facts noted hereinabove and since the issue is under active consideration of the respondent Department on the basis of the report of the expert commtttee, we think it proper to dispose of the Writ Petition with the direction to respondent No.1 to take a decision, if not already taken, on the representations of the petitioners taking into account also the report of the expeft committee, in accordancc with lar.l', within a time-bound manner' preferably,, within sixteen (16) weeks from the date of receipt of copy of this The instant Writ Petition is accordingly, disposed of' There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/-A. JAYASREE STANT REGISTRAR S //TRUE COPY// SECTION OFFICER To, The Principal Secretary, LET and F Department' Secretariat Buildings' 1 T.S.,HYderabad I i

2. The Direc:tor. Insurance_. M€drcal.Services, State of Te angana, Hyderabad. ? 9n" cc to SRt J. SUDHEER. A;r""iL" rdFuZY' : I1-{r!!;l:.:6,5i- ' Iy.""rtt;:",o9,frfo* SERVICES l' High court ror the state orrelansana, at 6. Two CD C;obies senvrces rli"ilIgAtol,i'ro,.the state orrerangana, / BM BS w I HIGH COURT ) ( DATED:15 tOgtZO2S '( o .J \ a'r-r 2 4 0r x z[fr 't2 rc) * L) * a..,_ra cC \r. ORDER WP.No.9591 of 2021 .?f.:Lgs'NG oF rHE wRtr PEilfloN WITHOUT COSTS eL ."C Ykdtr tAU"\'