Dr. Y. Mahend6r Reddy v. 1. The State of Telangana

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, order or direction more particularly one in the nature of Writ of MANDAtt/lUS(a) By declaring the entire action of the respondents, particularly the entire action of the 2nd respondent in issuing impugned allocation orders vide Proc. No. LA /lN/tVU/Ml/ C[AS/ 0119 dated 27'12-2021' wherein allocating the services of the petitioner to lVulti Zone -l instead of allocating services to t\/ulti Zone-ll as per his preference of option exercise on 15-12-2021 as per his entitlement and eligibility while retaining many juniors in [\'1ulti Zone -ll, and other way without disposing appeal dated2S-12-2o21 made to the 1st respondent on 31-12-2021, by giving a oral assurance the respondent will not act upon the orders of allocation and will be kept in abeyance , now after lapse of 3 years issuing the rmpugned proc No. 112691E212O21-8, dated 15-07-2024 by the 2nd respondent, wherein posting the services of the petitioner in Multi Zone-l ESI Dispensary, Kareemabad, Warangal District without considering my appeal dated 2811212021 and without considering my local grounds and seniority is highly illegal, arbitrary, unjust, colourable exercise of power, contrary to guidelines issued vide G.O.tv1s.No. 317 GA (SPF) Dept., dated 06.12 2021 , and set aside the above impugned proceedings dated 27-12-2021 and 15-(7-?-024. (b)Further hold that the petitioner is entitled for allocation of his services to N,4ulti-Zone-ll as per his option of preferences daled 28.12.2021 under, loca g'ounds and seniority apart from on the ground of retaining many juniors to the pelitioner in I\,4ulti Zone- ll. (c)and consequently to direct the respondents to cont nue the services of the petitioner in f\rlulti Zone -ll by suspending the impugned proceedings vide Proc. No LA /lN/tt/U/lVl CIAS/ 0l 19 dated 27-12-2021 and consequential rmpugned proc No. 112691E212O21-8, dated 15-07-2024 of the 2nd r(lspondent to enable the petitioner to continue in the present place of working in lVlLrlti Zone- . l.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the respondents to continue the services of the petitioner in IVlulti Zone -ll by suspending the impugned proceedings vide Proc. No. LA /lN/lVU/N,{l CIAS/ 0119 dated 27-12-2021 and consequential impugned pro; No. 112691E212O21-8, dated 15-07-2024 of lhe 2nd respondent (which is received through whats app) to enable the petrtioner to continue in the present place of working in Multi Zone -ll. |.A.NO:2 OF 2024 Petition Under Sectton 151 CPC praying that in the crr,:umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the '1st respondent to consider my appeal and tl-e 'epresentation dated 1910812024 for raising additional grounds in continuatic,n of my appeal dated 2811212021 . Counsel for the Petitioners : SRI K.S.V.SUBBA RAO Counsel for the Respondent Nos.'l & 3 : GP FOR SERVICES- ll Counsel for the Respondent No.2 : GP FOR SERVICES- r The Court made the following ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.19237 of2024 ORDER: This Writ Petition is hled by the petitioner, having been aggrieved by the allocation orders dated 22.12.2o2r, altotting him to Multi zone-r and, [he proceedings dated 15.07.2024, posting him at trSI Dispensary, Kareemabad, Warangal District (Multi Zone I).

2. Heard Sri K.S_V. Subba Rao, lcarned counsel for the petitioner and lcarned Government Pleader for Services- appearing on behalf of the rcspondents.

3. Learned counsel for the petitioner submits that respondent No.2 has initially issued the order dated 27.12.2021, illegaily allotting the petitioner to Multi Zone-\, instead of Multi Zone_ll. As such, the petitioner filed an appeal before respondent No. I on 29.72.202r. I-rowever, without even considering the said appeal, respondent No.2 has issuecl the present impugned proceedings dated 15.07.2O24, posting thc petitioner at ESI Dispensary, Kareemabad, warangal District, which again falls under Multi Zone-l' Hence, the petitioner submitted his deta ed representation to respondent No.l on I9.O8.2O24. However, no action has been taken thereon so far. Therefore, learned counsel for the petitioner prays to Court to pass necessar5r orders in the present writ petition. ( I l l 2 PK, J W.P.No.19237 of 2024 t.. :i:, :t :l''i ,:l

4. Learned Government Pleader for Services-il srrbrnits that since the petitioner's appeal against the allocation order, datcd ?.7.12.2021 itself is pending consideration, respondent No.1 will consider the same and pass appropriate orders thereon, in accordance with lar.v.

5. Having regard to the submissions made by learr:ed counsel for thc respective parties, without going into merits of the car;e, the Wdt Pctition is disposed of directing respondent No.1 to consider the appeal preferred by the petitioncr against his allotment order, dated 2a.l2.ilo2l, in light of his representation dated 19.O8.2O24, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously ar; prossible, preferably within a period of six (O6) weeks from the date of re,:eipt of a copy of this order and communicate a copy thereof to the petiti,:ner. Till such time, the interim order granted earlier on 19.07.2024, as has been extended periodically, shall continue. Miscellaneous applications, if any, pending in t:ris writ petition, shall stand closed. No costs. //TRUE COPY// SD/-P. PONNA KRISHNA A{;SISTANT REGISTRAR ihe- SECTIUN-OFFICER To 1 2 .l The Principal Secretary, Labour Employment Trainin(l and Factories Dept, Secretariat Buildings, State of Telangana at Hyderabild. The Director of lnsurance l\,4edical Services, Opp Gandhi Hospital, Itrlusheerabad, Secunderabad. The Principal Secretary, GAD Department, Secretari.rt E,uildings, State of Telangana at Hyderabad. Two CCs to GP FOR SERVICES-Il, High Court for the S;tate of Telangana at Hyderabad. [OUT] Two CCs to GP FOR SERVICES-|, High Court for tho S.ate of Telangana at Hyderabad. [OUT] ne CC to SRI K.S.V.SUBBA RAO, Advocate [OPUC] CD Copies HIGH COURT DATED:1 110812025 -i i1l:: n \-. oR J,t '\t 0 3 tiit zffi "r).|,| ,: ] !.,i <' ,// / . ', '-,;: ORDER WP.No.19237 of 2024 * \ DISPOSING OF THE W.P WITHOUT COSTS. \\ i I I i i I I i I I I I I I I I I I I I