B.Jayamma, v. The Director Of Public Health And Family Welfare,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.8891 OF 2018

O R D E R

As per the averments made in the affidavit filed in support of the writ petition, the case of the petitioner is that she was appointed as Staff Nurse vide proceedings of the Regional Director, M and H Services, Warangal in Rc.No.B1/1246/93 dated 25.08.1993 and she reported to duty on 28.08.1993. As per Rule 33 of A. P. State and Subordinate Service Rules, seniority has to be reckoned from the date of appointment / joining in the post of Staff Nurse. The 1st respondent - Director of Public Health and Family Welfare, issued revised provisional seniority list of Staff Nurses of Warangal Zone for 1993 batch on 06.03.2018. In the said list, the date of appointment/joining of the petitioner was shown as 11.10.1993 and she was placed at Sr.No.52. Under the said proceedings dated 06.03.2018, objections were also called for.

Petitioner accordingly filed objections dated 07.03.2018, for correction of date of joining and for revision of seniority. Now the grievance of the petitioner is that without considering her representation dated 07.03.2018 for alteration of date of joining duty, the respondents are proceeding further with the process of promotion to the post of Head Nurse. Hence the writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services.

When the provisional seniority list was issued vide proceedings dated 06.03.2018, objections were called for and in pursuance thereof, petitioner filed objections on 07.03.2018. Hence, it is obligatory on the part of the 2nd respondent to consider the said objections and thereafter, shall prepare the final seniority list. Without considering the objections and proceeding further for the purpose of promotion to the next category, would amount to violation of principles of natural justice. In view of the above facts and circumstances, the 2nd respondent is directed to consider the objections of the petitioner vide representation dated 07.03.2018 and

communicate the decision taken, at least one week prior to taking up the process of promotions to the next higher category post.

The writ petition is disposed of accordingly. Miscellaneous petitions pending, if any, shall stand closed. No costs. --------------------------------------------- A.RAJASHEKER REDDY,J DATE:19-03-2018 Note:

Issue C.C. in three days.

B/O