T.Rama Krishna S/O. T.Harinathbabu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI WRI T PETI TI ON No.36621 of 2015 ORDER (Per Hon'ble Sri Justice Sanjay Kumar) The petitioners were unsuccessful in their endeavour to secure relief in O.A.No.1971 of 2015 before the Andhra Pradesh Administrative Tribunal, Hyderabad. The said O.A was dismissed by order dated 24.04.2015. The grievance of the petitioners-applicants was that they had participated in the selection process for appointment to the posts of Multi Purpose Health Assistant on contract basis in Guntur District. According to them, they are entitled to be considered for the available vacancies and had also made representation dated 25.02.2014 to the District Medical and Health Officer, Guntur District, but no action was taken thereupon.

The Tribunal denied relief to the petitioners-applicants on the ground that they had failed to produce a merit list in proof of their falling within the zone of consideration. Sri Venkateswerllu Kesamsetty, learned counsel for the petitionersapplicants, would submit that it would suffice if the authority concerned considers the representation made by his clients and pass appropriate orders thereon.

The material placed before this Court demonstrates that the representation dated 25.02.2014 was sent by registered post with acknowledgment due not only to the District Medical and Health Officer, Guntur District, but also to various authorities including the District Collector, Guntur District. Though no acknowledgment cards have been filed in proof of receipt of the said representation, it is presumed that once the said representation was sent by registered post with acknowledgment due it would have reached its destination.

In that view of the matter, the Writ Petition is disposed of directing the District Medical and Health Officer, Guntur District, the 4th respondent, to consider the petitioners' representation dated 25.02.2014 on its own merits and in accordance with law and take appropriate action thereon. In the event the petitioners' request for appointment to the posts of Multi Purpose Health Assistant (male) in Guntur District is denied, the 4th respondent shall pass reasoned orders and communicate the same to the petitioners. This exercise shall be completed expeditiously and in any event not later than one month from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_________________ SANJAY KUMAR, J ____________________ M. SEETHARAMA MURTI , J 13.10.2016 Vjl