Dr. Modugu Venkateswarlu v. State Of Telangana,

[ 3303 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENWTHREE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETII1ON NO: 985 OF 2017 Between:

1. Dr. Modugu Venkateswadu, S/o Pullaiah Age 36, yrs, Occ Contract Medical Officer, Dist Hospital, Khammam.

2. Dr. T Praveen Kumar, S/o Shankara Chary Age 34 years, Occ Contract Medical Officer, Dist Hospital, Karimnagar

3. Dr. J Nagendra Prasad, S/o Satyanarayana Age 34 years, Contract Medical Officer, Dist Hospital, Bhadrachalam, Bhadradir Kothagudem Dist.

4. Dr. R.Srinivasarao, S/o R Satyanarayana Age 35 years, Occ Contract Medical Officer, Dist. Hospital, Karimnagar

5. Dr.Y.Suresh, S/o Y Rama Rao Age 34 years, Occ Contract Medical Officer, Aswaraopet, Khammam.

6. Dr P.Sudheer, S/o Veeraiah Age 31 years, Occ Contract Medical Officer, Area Hospital, Kothagudem. Bhadradri Kothagudem Dist.

7. Dr.V Pavan, Sb Muttaiah Age 34 years, Occ Contract Medical Officer Dummagudem, Bhadrachalam, Bhadradri Kothagudem Dist

8. Dr. Sravan, S/o Ramadasu, Age 35 years Occ Contract Medical Officer, Dist. Hospital, Khammam

9. Dr R.Pavan, S/o late Anjaiah Age 35 years, Occ Contract Medical Officer Dist. Hospital, Nalgonda.

10.Dr Satya Chaitanya, S/o Raja Ram Mohan Rao Age 33 years, Occ Contract Medical Officer Area Hospital, Bhadrachalam, Bhadradri Kothagdem Dist ...PETITIONERS AND

1. State of Telangana, rep.by its Principal Secretary, Health, Medical and Family Welfare Department Secretariat, Hyderabad2. The Commissioner, Public Health, Medical & Family Welfare Hyderabad.

3. The Director of Public Health, Medical & Family Welfare, Hyderabad.

4. Telangana State Public Services Commission, Rep.by its Secretary, Hyderabad.

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the G.O.N,ls.No.169, Health, Medical and Family Welfare (81) Department dt.19.'12.2016 issued by the respondent

No.1 to the extent it enhanced the weightage for experience of government service including contract service to 2O"/o from the earlier existing weightage of 15o/o and also the reduction in the weightage for number of years since passing of the qualifying examination for recruitment to the post of Civil Assistant Surgeon in HM & FW Department as illegal, arbitrary, discriminatory, violative of principles of natural justice and consequently set aside the same to that extent and direct the respondents to proceed with recruitment to the posts of Civil Assistant Surgeons by restoring the weightage for number of years since passing of the qualifying examination to 107o l.A. NO: I OF 2O17(WP MP. NO: 1089 OF 2017) !

r 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 suspend the G.O.Ms.No.169, Health, Medical & Family Welfare (Bl ) Department i i d1.19.12.2016 issued by the respondent No.1 to the. extent it altered the earlier weightage prescribed for the number of years since passing of the qualifying examination for recruitment to the post of Civil Assist. Surgeon, pending disposal of the above Writ Petition l.A. NO: 2OF 2O17(WP MP. NO: 1091 OF 2017) 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 respondent No.1 to implement the weightage for experience of government service including contract service and the weightage for number of years since passing of the qualifying examination as prescribed in t:

G.O.Ms-No.105, dt:16-3-2013 in the ensuring recruitment to the post of Civil Assist. Surgeons in HM & FW Department, pending disposal of the above Writ Petition Counsel for the Petitioners: SRl. AJITH VARMA REP SRl. KOWTURU PAVAN KUMAR Counsel for the Respondents: SRl. A. SANJEEV KUMAR, SPECTAL GOVT.PLEADER The Court made the following: ORDER

HON'BLE SRI JUSTICE J. SR.EENIVAS RAO WRIT PETITION No.985 of 2Ol7 ORDER:

This writ petition is llled seeking the following r relief:

'to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring tl.e G.O.Ms.No.169, Health, Medical and Family Welfare (B l) Deparrment dt.l9.l2.2ol6 issued by the respondent No I to the extent it enhanced the weightage for experience of government service including contfact service to 2O%o frorn the earlier existing weightage of l57o and also the reduction in the weightage for number of years since passing of the qualifying examination for recruitment to the post of Civil Assist. Surgeon in HM and FW Department as illegal, arbitrary, discriminatory, violative of principles of natural justice and consequently set aside tl.e same to that extent and direct the respondents to proceed with recruitment to the posts of Civil Assistant Surgeons by restoring the weightage for number of years since passing of tJle qualifying examination to lO%o."

\ \ 2.

Sri Ajith Varma, learned counsel representing Sri Kowturu Pavan Kumar, leamed counsel for the petitioners and Sri A.Sanjeev Kumar, learned Special Government Pleader appearing for respondents.

3.

During the course of hearing, learned Special Government Pleader informed this Court that pursuant to

the interim order granted by this Court in W.P.M.P.No.lO9t of 2Ot7 dated O6.Ot.2OtZ, the respondents considered the representation submitted by the petitioners and passed detailed speaking order vide Memo No.7l8 /Bt/2OtZ_3, dated 10.O3.2017.

4.

[n view of the above, the cause in the writ petition does not survive. Accordingly, the Writ petition is dismissed. However, liberty is granted to the petitioners to avail the remedies as are available under the law, if they are aggrieved by the said speaking order. No costs. Pending miscellaneous applications, if any, shall stand closed.

SD/- T. JAYASREE //TRUE COpy// ASSTSTANT REGISTRAR ro, sEcildN oFFrcER

1. TWO CCS tO SPECIAL GOVE.RNMENT PLEADER ,High COUrt fOr thE StAtE _ ofTelangana, at Hyderabadlonn z. one CC ro SRt. KOWTURU FnVAru KUMAR, Advocare tOpUCI

3. Two CD Copies BM GJP ?mq.

HIGH COURT DATED:01 10812023 rHE srA76 ( o t Jou $ 4 $EP2fin

ORDER

WP.No.985 ot 2017 t- \.."i/i '

\ii__-_.- -j ) DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS L Ll \.+{e\'3