132521 v. Family Welfare Department

Petition under Article 226 of the Qonstitution of lndia praying that in the circumstances stated in the affidavit filed therewith,. the High Court may be pleased to issue writ order or direction m6re particularly one in the nature of writ of Mandamus declare the action of the respondent No.3 in not considering the joining report of the petitioner dated 01-06-2023 as illegal, arbitrary, unjust, unreasonable, contrary to principles of natural justice and uliconstitu tional and consequently direct the 3'd respondent to permit the petitioner to join duty forthwith with all consequential benefits dqly cohsidering the joining report of the petitioner dated 01-06-2023 in the interest of justice lA NO: 1 OF 2023 Petition under Section '151 CpC praying that in lhr: circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'd respondent to permil the petitioner to join duty forthwith duly considering the joining report of the petrtioner dated 01/0€12023 in the interest of justice pending disposal of the above writ petition Counsel for the Petitioner: SRl. D. RAMAKRISHNA Counsel forthe Respondents: GP FOR SERVICES ll The Court made the following: ORDER ) HON,BLE MRS. JUSTICF SUREPALLI NANDA WRIT P ETITION No.14795 oF 2023 ORDER: Heard Sri D.Ramakrishn4, learned counsel appearing on behalf of the petitionFr and learned Assistant covernment Pleader for Services-Il appearing on behalf of the respondents. 2 The petationer approached the Court seekinq praver asu der: "...to issue writ order or direction more particularly one in the nature of writ of lvlandamus declare the action of the respondent No. 3 in not considering the joining report of the petitioner dated 01.06.2023 as illegal, arbitrary, unjust, unreasonufi,", contrary to principles of natural justice and u ncon s(itutiona I and consequently direct the 3'd respondent to permit the petitioher to join duty forthwith with all consequential beneiits duty considering the joining repQrt of the petitioner dated O1.06.2023 in the interest of justice and pass..."

3. It is specific case of the petitioner that the respondent No.3 is not considering the joining report of the petitioner dated

01.06.2023 as illegal, arbitrar!, unjust, unreasonable and contrary to principles of natural justice and u nconstitutiona l. z SN, J Aggrieved by the said action of the respondenl:s, the present Writ Petition is filed

4. PERUSED TH E RECORD A. The oetitioner's DDI cation /i ininq reoort. dated o1 -o6- O23 a ressed he District Medical and Health Officer, Hanumakonda Oistrict is extracted_ hereu nder: - " I wish to submit that I Sri Ch Devender Reddy, Projectionist, O/o, District Medical and Health Officer. Hanumakonda, reporting l'or duty on 01.05.2023 forenoon, and permit me to join in Duties and for new assignment and Medical Certificates will be submit in due course. B Th Medical Certificate. ated O1.O .2O23 issued bv the M. .M.Hosoita Waranoal is extracted ereunder: - (Medical Certificate for Non Gezetted Officer, Recommended for Leave Extension of communication of leave I, Dr. D.Gopal Rao, M.:;.(:iyil Surgeon, M.G.M.Hospital, Warangal after c:arefql personal examination of the case hereby certify that Ch.Devender Reddy, Projectionist, O/o, DM&HO, Hanurnakonda whose signature is given above is sufferinq from Cr. Renal Patenchymal Disease and I consider that p(:riod of absence from the duty of (03) months with effect fr.om 01.03.2023 is absolutely necessary for the restoriltion of his/here health. C. The Fitness cert ific te, dated O1.O6.2O23 issued bv the M.G,M.Hoso ital Wa ran oal se tracted h ere nder: - 3 SN, J Dr. D.Gopal Raor M'S'Civil Surgeon' M'G'M'Hospital' waranqat do herebv ."i1i' tn"i we./I . .;arefullv ' ifi' ovenUer .Redy'- -P'rojectionist examined A.B.c. of ttre DeDartment and find tnii nelsrre is recovered from ffifi";;'-;it""'s una is not fit the resume duties rn a rrivi ns Governe m nt Se rvice w"lr uiio certlrV. tnat 'the Medical ' jxamined ^13j3-11 original on this decision weTl _ of the.case- for ertified Certificate (s) and cooies their of on which llu'"'*ut granted' or-extended' "ut"#tii'iii and have taken these iriJ consiOeiation in -arriving lrV-, l".it'""' H" l' nt i" duty from 01'06'2023' l u A D o IC US I 5. Learned counsel appearing on behalf of the petitioner submits that in spite of reieated requests made by the sing {f aPProPriate orders on the petitioner's application/joining report' dated o1'06'2023 permitting the petitioner to lioin and discharge the duties' duly taking into conside{ation tne fitness certificate' '"...d] to and extrac\ed above) and l l themedicalcertificate,datedol.o3'2o23(rbferredtoand extracted above) prodrcef by the petitioner along with the petitioner's applic{tion/joining report' O1.06.2023 which had beeri acknowledged by the office of officer, Hanumakonda Health the District Medical and f, however no orders had been District on o1'06'2023 itse ication/joining rePort of the passed on the said appI I

1. I SN, J petitioner as on date and the joining report of the petitioner, dated O1.06.2023 had not been (:onsidered.

6. Learned counsel appearing on behalf of the petitioner submits that the petitioner due to circunnstances beyond the petitioner's control could not discharge his duties w.e.f.O1.O3.2023 to 31.O5.2023 and to that effect the medical authority atso issued a medacat certificate on

01.O3,2O23 stating that petitioner's absence from duty w.e.f. O1.03.2023 to 31.OS.2023 is absolutety necessary for restoration of petitioner's health, however in spite of petitioner's application/joining report, dated O!.06.20231 duty enclosing medical certificate and fitness certifacate for joining duties with effect from 01.06,2O23, the 3.d t,petitioner,s respondent did not consider the application/joining report, dated O1.06.2023 as on date. Aggrievei by the same, the petitioner approached the Court by filing the present Writ petition and the limited relief sought for, by the petationer in the present Writ Petition is direction to the 3.d respondent to consider the petitioner's application/joining report, dated O1.06.2023, duly examining the certificates enclosed ,along with the 5 sN,, said applacation/joining repgrt, dated O1lO6 12023 an.d pass appropriate orders in lccordance to law within a reasonable period.

7. Learned Assistant Governlment Pleader for Services-Il appearing on behalf of the respondents submits that the Writ Petition could be disposed of directing the 3'd respondent to consider the gfievance of the petitioner as put-forth vide petitioner's application/joanang report, dated OL.lJ6.2023, duly censidering the certifacates enclosed along with the sai{ application/joining report, dated O1.06.2023 in accofdance to law wathin a reasonable period.

8. The learned counsel 4ppearing on bFhalf of the petitioner does not dispute t[e said submassion made by the learned Assistant Governqrent Pleader for Services-If appearing on behalf of the respondents.

9. Takinq into consideratiod:- a) The aforesaid facts and clrcumstances of the case. b) The submissions madb by the learned counset appearing on behalf of the petitioner and learned 6 SN' ,I Assistant Government Pleader for Services-Il appearing on behalf of the resPondents. c) The contents of Medical Certificate, dated o1'o3'2o23 issued by the M.G.M.Hospatal, Warangal (referred to and extracted above) d) The contents of Fitness certificate, dated o1'06'2023 issued by the M.G.M.Hospital, Warangal (referred to and extracted above) e) The petitioner's application/joining letter, dated O1.06.2023 addressed to the District Medical and Health Officer, Hanumakonda District (referred to and extracted above) acknowledged by the office of the District Medical and Heatth Officer, Hanumakonda District on O1.O6.2O23 itself, and the fact that no orders had been plgsea on the said application of the petitioner as on date. T P iti on is dis oeti roner s consider resDo ndent a ool ication /ioinino reDort. dat d or,,06.2 o23, d ulv examinino the medical certificate, datgd O1'03.2025 nd fitlless-lc-rg.firatc, (referred to an extracted above) a 7 .o6. 3 f n 7 r e SN. J racted a 23 o id r rto ermat the oetitio ner to ioin duties at the H Di r w itha o2 m d a ord r n t h com unicate the decrsto n De at ntno OD etit ner's o rd3 r d no order as to costs. P n r. However, there shall be Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/-A. PRATHIMA DEPUTY REGISTRAR Note: That the word "Driver" read at the 3'd line from the UJttom ot ifr6-tast paragraph of the order dated 21t0412025 in W.P.No. '14795 ot 2023 is' correcled and substituted as "Hrojectionist" as per the court order dated 2tgl2l25 in lA No. 1 ot 2025 This amended order shall substitutd the earlier order which has already been dispatched on1Ol0712025 //TRUE COPY// SD/- A. PRATHIMA DEPUW REGISTRAR ECTION OFFICER To, Secretariat, T.S, Hyderabad. 1 . The Principal Secretary, Public Health and Fam v Welfare Department, 2. The Director, Public Health and Family Welfare, Telangana State, Hyderabad. 3. The District Medical and Health Officer, t{anamkonda. 4. One CC to SRl. D. RAMAKRISHNA, Advocate [OPUC] 5. Two CCs to GP FOR SERVICES ll, Hiqh Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BM GJP. CC TODAY HIGH COURT DATED:21 10412025 02t09t2025 f i i', fA 't)o lI STP 2U6 .(,) * o\- Ic. PA'iC\ * AMENDED ORDER WP.No.14795 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (+ h 1 >\