ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ in the nature of Mandamus directing the Respondents to rectify the error by including my name in the Seniority List in accordance with the Rule 84 Sub Rule 11 of the A.P. Fundamental Rules and Subsidiary Rules by treating the period of my Study (PG Deputation) as on duty, it is further prayed that I may be absorbed into the Andhra Pradesh Vaidya Vidhana Parishad on equal terms with the rest of my colleagues who were already absorbed and to allow all other consequential benefits which I am entitled for and to pass such other order or orders.”

2. The brief case of the petitioner is that he was inducted into service through selection by Director of Public Health and Family Welfare and was appointed on 27.12.2006 as Dental Assistant Surgeon. Since 2006, he was working in CHC Nagaram, Guntur District and later on transferred to CHC, Pittalavanipalem. Meanwhile, the Director of Public Health and Family Welfare, Gollapudi, Vijayawada pleased and accorded petitioner sanction of P.G. deputation for pursuing Post Graduation M.D.S.(Orthodontia) at SIBAR Institute of Dental Science through proceedings Rc.No.000574/E6-C/2019 dated 30.01.2020 and he has been pursuing the said course since 08.05.2019 till date. He further submitted that he had no knowledge about G.O.Ms.No.107, HM&FW (D1) Department, dated 09.09.2019 and Notification No.107/PLG/2019, dated 18.10.2019, inviting filled in Option Forms for Absorption into Andhra Pradesh Vaidya Vidhana Parishad(for short, “APVVP”) services. Liberty was given to all the employees of 127 CHCs which were earlier under the control of Director of Health and Family Welfare now transferred to APVVP.

3. Learned Counsel for the petitioner further submits that he is unaware of the said notification and did not receive any intimation about choosing of option either from APVVP or Director of Health or from the CHC, Pittalavanipalem as it is their bounden duty to inform. As a result he could not make representation within the stipulated time. No sooner he came to know about the notification, the petitioner gave his representation to the Commissioner of APVVP on 14.06.2021 requesting him to consider for absorption on par with other colleagues and for inclusion of name in the Seniority List. The Commissioner of APVVP issued Speaking Orders vide Rc.No.APVVP-12021/4/2021-M dated, 13.08.2021, containing the list of employees and the petitioner’s request was rejected stating the reason, “not considered as his services are not absorbed into APVVP”. He further submitted that as per F.R.84 Sub Rule 11 of the Andhra Pradesh Fundamental Rules and Subsidiary Rules, P.G. Deputation has to be counted as service for promotion and pension.

Hence, the present Writ Petition.

4. Per contra, Counter affidavit has been filed by the respondents denying all the averments made in the petition and mainly contended that notification was issued for calling options from the employees working in the 127 hospitals which are transferred from the administrative control of DPH&FW to APVVP and specialist doctors, who are working in all APVVP hospitals for absorption into APVVP and the petitioner was not covered in the above mentioned two categories.

5. Learned Government Pleader for Services-IV submitted that the petitioner made his representation to the Commissioner, APVVP on

11.06.2021 requesting for absorption of his services into APVVP, which is not feasible for consideration, as he did not submit his option within the stipulated period. Hence, prayed to dismiss the Writ Petition.

6. On perusal of the material evidence and submissions made by both the learned counsel, it is evident that there are laches on the part of the respondents.

7. Therefore, the Writ Petition is allowed by setting aside the Speaking Order issued by the Commissioner vide Rc.No.APVVP-12021/4/2021-M, dated 13.08.2021. The respondents are directe