Smt. P.Anitha v. Family Welfare Department

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 a writ of Mandamus or any other appropriate writ order or direction by declaring the proceedings of the 2nd respondent bearing Rc.No.868/E4.812024, dt. 11-06-2024, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of constitution of lndia and set aside the same and consequently direct the respondents to continue the petitioner as Deputy Para Medical officer at office of the Additional Director of Leprosy (State Monitoring cell), Directorate of Public Health and Family welfare, Telangana Hyderabad, with all consequential benefits. i.A.NO:1 OF 2024 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 proceedirrgs of the 2nd respondent bearing Rc.No.86B/E4.812024' dt. 11-06-2024 and direct continuance of the petitioner as Deputy Para Medical Officer at office of the Additional Director of Leprosy (State Monitoring Ce{l), Direct6rate of Public Health and Family Welfare, Telangana Hyderabad, pending final disposal of the main writ petition. t.A.NO.2 0F 2024 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 2nd respondent to pay the salaries and allowances to th(-'petitioner for month of June 2024 onwards, pending final disposal of the main wri: petition.

1.A.NO:3 OF 2024 Between

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

2. The Director of Public Health and Family Welfare, Koti, Hyderabad, Telangana State

3. The Additional D,rector of Leprosy, (State Monitoring Cell), Directorate of Public Health and Family Welfare, Koti, Hyderabad.

4. The Junior Accounts Officer (Accounts Section), O/o. The Directorate of Public Health and Family Welfare, Koti, Hyderabad. .....PETITIONERS AND Smt. P.Anitha, W/o t/iiender Reddy, aged about 56 years, Deputy Para Medical Officer, at O/o. The Additional Director of Leprosy (State Monitoring Cell), Directorate of Public Health and Family Welfare, Telangana Hyderabad. .....RESPONDENT Lu : -=7/ // / 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 orders in l.A.No.1 of 2024 dated 19/06/2024inW.P.No.15244 of 2024 and dismiss the W.P. as it is devoid of merits. |.A.NO:1 OF 2025 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 2nd respondent to consider and pass orders on the representation made by the petitioner on 18-12-2024, by posting her as Deputy Para Medical Officer at office of the Addl. DM&HO (A&L) Hyderabad, in the interest of justice, pending final disposal of the main writ petition. Counsel for the Petitioner: SRI S.GOPAL RAO Counsel forthe Respondents : GP FOR SERVICES - I The Court made the following ORDER 7'.t' 1 THE HON'BLE SRI JUSTICE PULLA KARTHIK, W.P.No.15244 of 2024 ORDER: With the consent o[ the parties, this writ petitic,n 1S being disposed of at the stage of admission

2. Heard Sri S.Gopal Rao, learned counsel for the petitioner and the learnecl Governm€ nt Pleader for Services-I, appearirrg for the respondents and perused the record

3. The case of the petitioner is that she was promotec as Deputy Para Medical Olficer vide proceedings Rc.No.2037/B:i/DPH&FW, ZONE.-VI l20 17 datr:d 11.9.2017 and posted in the ofhce of respondent No.2 in the exisl-irrg vacancy and in pursuance thereol', petitioner joined duty with effect from 4.lO.2Ol7 and discharging hr.:r duties as Deputy Para Medicirl Officer at various places. Petitioner a.gain posted in the respondent No.2 ofhce on 9.1O.2O23 and since then she has been discharging trer duties as Para Medical Officer ancl completed eight (8) months in the respondent No.2 office. While, so the respondent No.2 issued impugned proceedings dated 11.6.2024, posting the petitioner ar DM & Ho ofhce, yadadri-Bhuvanagiri district 2 in a clear vacancy on the ground that the petitioner is working in excess ofthe approved sanctioned strength.

4. According to the learned counsel for the petitioner, as per Clause a$) of G.O.Ms.No.20, Hea.lth, Medical and F.amily Welfare (D2) Department dated 20. I.2O24, three approved/ sanctioned posts of Deputy Para Medical officers are available in the ofhce of respondent No.2 and contrary to the same, the impugned proceedings has been issued by respondent No.2.

5. The learned Government pleader appearing for respondents submits that the cadre strength of Deputy para Medical officers is only two and during State bifurcation under State,s Re-organisation, one post was allocated to State of A.P. and another post was allocated to State of Telangana. Further, as against the said post, one Smt.Madhavi is working. In April 2024, an audit objection was raised by the Accountant General, therefore, petitioner, who is working in excess of the allocated strength, was transferred to yadadri- Bhuvanagiri district vide impugned order dated 1 1.6.2024.

6. The learned counsel for the petitioner submits that the said order was challenged in this writ petition and this Court granted interim Y 3 order on lg .6 .2Ot1,4, directing the respondents to cc ntinue the petitioner as Depul-v Para Medical Officer in the office of respondent No.3. Learned counsel further submits that during the pendency of writ petition, when the petitioner carne to know that the vacancy at Yadadri-Bhuvanag;id district was already hlled up, slte made a representation to t:re respondent No.2 on 78.12.2024, requesting to issue posting orders in the off-rce of respondent No.3 and also to pay her salaries and all<>q'ances. 7 . The learned (iovernment Pleader submits that if the petitioner submits a fresh representation, by duly exercising her oplion against \ available vacancies, the respondents will consider the sa.me, as per

8. In the peculiar facts and circumstances of the case, to meet the ends of justice, this Court deems it appropriate to permit the petitioner to make a fresh representation to the respondents, duly exercising her I options for tralsfer, within a period of one (0 1) week from the date of receipt of a copy of this order. On receipt of such represen tation from the petitioner, the respondents shall consider the same' and pass appropriate orders, duly issuing the petitioner the postrng orders, strictly in accordan<;e rvith law, as expeditiously as possible, preferably 4 within a period of (02) weeks thereof, and communicate a copy of the same to the petitioner. Moreover, despite a, interim order o[ this court dated 19-6.2024, the respondents failed to permit the petitioner to discharge her duties. Hence, this Court also deems it frt and proper to direct the respondents to pay the petitioner salaries from June, 2024 till the issualce of a fresh posting order.

9. With the above directions, the Writ Petition is disposed of. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. There sha-li be no order as to costs. //TRUE COPYII sD/-T. TTRUMALA gEVt ASSISTANT REGISTRAR €,' SECTION OFFICER To

6. 7. The Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, State of Telangana at Hyderabad. The Director of Public Health and Family Welfare, Koti, Hyderabad, Telangana State. The Additional Director of Leprosy, (State lv,lonitoring Cell), Directorate of Public Health and Family Welfare, Koti, Hyderabad. The Junior Accounts Officer (Accounts Section), O/o. The Directorate of Public Health and Family Welfare, Koti, Hyderabad. Two CCs to GP FOR SERVICES- l, High Court for the State of Telangana at Hyderabad. {OUTI One CC to SRI S.GOPAL RAO, Advocate {OPUCI Two CD Copies SA BS + ) ir i, slA rI f o ? q l[i{ 'rsl5 t DesPrrl c ( z o * HIGH COURT DATED:2110112025 ORDER WP.No.15244 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. @t('^