APHC010233142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12268/2023 Between:

1. D SUJHANSI, W/O PRASADA RAO, AGED 60 YEARS, OCC. MPHA (F) ON CONTRACT BASIS, SUB-CENTRE DIDUGU, MPHCATTALURU, PALNADU DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SPL CHIEF SECRETARY, FINANCE(HR.IV-FR AND LR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3. T HE COMMISSIONER OF HEALTH AND FAMILY WELFARE, AP, MANGALAGIRI, GUNTUR DISTRICT.

4. T HE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, , STATE OF AP, GOLLAPUDI, VIJAYAWADA.

5. T HE DISTRICT MEDICAL AND HEALTH OFFICER, PALNADU DISTRICT, AT PALNADU.

6. T HE MEDICAL OFFICER, MANDAL PRIMARY HEALTH CENTRE, ATTALURU, PALNADU DISTRICT.

...RESPONDENT(S):

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, declaring the action of the respondents herein in issuing the impugned retirement order vide proceeding. Rc.No.SPL/PHC, ATL/2020, dated 11-1-2023 without extending the age of superannuation up to 62 years to the petitioner herein also, by extending the benefit of G.O.Ms.No.15, Finance Department dated 31-1-2022 to the petitioner herein also as highly illegal, arbitrary, discrimination, contrary to the law and also without jurisdiction and consequential the Hon'ble court may pleased to declaring that the petitioner herein is entitled to continue in service up to 62 years as MPHA (F) on contract basis by setting aside the impugned order dated 11-1-2023, with all consequential benefits and may pass IA NO: 1 OF 2023 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 herein to continue the petitioner in service MPHA (F) on contract basis up to the age of 62 years, by suspending the impugned retirement order issued vide proceeding Rc.No.SPL/PHC, ATL/2020, dated 11-1-2023 by the 6th respondent, pending disposal of the writ petition and pass IA NO: 2 OF 2023 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 vacate the interim directions issued in W.P.No.12268 of 2023, dated 09-05-2023 and to dismiss the Writ Petition and to pass Counsel for the Petitioner:

1. M R TAGORE Counsel for the Respondent(S):

1. GP FOR SERVICES IV

2. GP FOR SERVICES I The Court made the following:

ORDER:

The present writ petition is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in issuing the impugned retirement order vide proceeding Rc.No.SPL/PHC, ATL/2020, dated 11-1-2023 without extending the age of superannuation up to 62 years to the petitioner herein also, by extending the benefit of G.O.Ms.No.15, Finance Department dated 31-1-2022 to the petitioner herein also as highly illegal, arbitrary, discrimination, contrary to the law and also without jurisdiction and consequential the Hon'ble court may pleased to declaring that the petitioner herein is entitled to continue in service up to 62 years as MPHA (F) on contract basis by setting aside the impugned order dated 11-1-2023, with all consequential benefits and may pass….”

2. Heard M/s M.R.Tagore, learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. Considering the submissions on both sides, on 09.5.2023, this Court has passed the follo