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2019 DIGILAW 281 (AP)

Bogi Pydinaidu v. State of Andhra Pradesh

2019-10-16

T.RAJANI

body2019
ORDER : T. Rajani, J. 1. This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the third respondent in issuing the proceedings Rc. No. 999/A5/2019, dated 22.8.2019, cancelling promotion of the petitioner to the post of Gr.II Head Master, as illegal. 2. Heard the Counsel for the petitioner and the Government Pleader appearing for respondents. 3. The Counsel for the petitioner submits that the petitioner, who was working as School Assistant, was promoted to the post of Gr.II Head Master under PH-Hearing Impaired category. The grievance of the petitioner is that he was given promotion based on the medical certificate issued by the Medical Board, Vizianagaram stating that he has 55% disability, and now his promotion was cancelled, by virtue of the impugned order dated 22.8.2019 stating that as per the medical report given by the Superintendent, Government ENT Hospital, Visakhapatnam, the petitioner has only 6% disability, which cannot be considered for promotion under PH category. The Counsel for the petitioner submits that the impugned proceedings was not issued by the competent authority and the competent authority is the Regional Joint Director, Visakhapatnam, as he is the one, who issued the order of promotion. Be that as it may, the Counsel for the petitioner does not press upon the said aspect. She only seeks for an opportunity to be given to the petitioner to be examined by another Medical Expert of the choice of the respondents. 4. Hence, considering that there is a vast variation in the assessment made by the Medical Board, Vizianagaram and the Superintendent, Government ENT Hospital, Visakhapatnam, as to the Hearing Impairment of the petitioner, respondents 2 and 3 are directed to subject the petitioner to the Hearing Impairment examination by the Doctor of their choice and take action on the basis of the disability assessed by the said Doctor, within a period of three weeks, from the date of receipt of a copy of this order. If the disability is 40% or more, the petitioner shall be considered for the promotion, keeping in view G.O.Ms. No. 31, Women Development, Child Welfare & Disables Welfare (DW) Department, dated 1.12.2009. 5. The writ petition, with the above direction, is disposed of. As a sequel, miscellaneous petitions pending consideration if any in the writ petition shall stand closed.