The High Court · 2025

Petition under Article 226 of lhe 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 Mandamus declaring the action of the respondents herein in not considering the petitioners request for mutual transfers from Zone-lll to lV in respect of the petitioner No.1 and from Zone - lV to lll in respect of the petitioner No.2 vise verse, in the cadre of MPHSF, as per the proposals sent on 2111212024 through proper channel to the respondents herein as illegal' arbitrary and discriminationandconsequentiallytheHon'blecurtmaypleasedtodeclarethat the petitioners herein are entitled for mutual transfers in the cadre of MPHS (F) by proposals sent on 21112t2O24, as per the mutual transfer guidelines issued vide G.o.Ms.No'245GeneralAdministration(SPF'l)Departmentdated29-11.2024. IA NO: 10F 2025 petition under Se the arrid a v t ri ruo i n,, ppltf:, ;: J,,:J:il'rff 'J:i _ #::"r,"": :::::; the respondents herein more particurarry the 1st and 2nd respondents herein to consider the petitioners request for mutual transferr Zoneltt to rV in respect or the peritione, No 1 ,nd'r;;T;1tTt,l;H'l:[] of the petitioner No 2 vise versc .a ^6r +1,^ ^..:r ,. issued vide G o Ms No 245 Generar Administration ,J:Tr:rfi;H::L'j""s "' ' tt uvPdtttnenl oated 29-11-2024 , pending disposal of the writ petition. Counsel for the petitioners: SRI M. R. TAGORE Counsel for the Respondents: Gp FOR SERVICES I The Court made the foltowing: ORDER 1 HE ,B R 7 s I E A A U w R o wRITP E NN 1 40F 20 25 ORDER respondents The present Writ Petition is filed seeking to declare the action of the in not considering the petitioners' request for mutual transfer, from Zone III to z.ne IV in respect of petitioner No.1 and frOm zone IV to zone III in respect of petitioner No.2, in the cadre of MPHS (F), as per their joint application dated 2l'12'2024 and in accordance withG.O.Ms.No'245'dated29'11'2024'asillegalandarbitrary' 2, Heard Mr' M'R' Tagore' learhed counsel for the petitioners'. and learnedAssistantGovernmentPleaderforServices-I,appearingforthe respondents. Perused the material on record'

3. The brief facts of the case are that petitioner No'1 was initially appointed as MPHA (F) on 21'03'1991 in K'hammam District' which was then a district cadre post' She was promoted as MPHS (F) on 19'09'2016' a zonal post falling in Zone IV' Following the issuance of G'O'Ms'No'317' General Administration (SPF-I) Depaftment' dated 06'12'2021' the petitioner was re-allocated from Zone IV to Zone III and posted as MPHS (F) vide proceedings dated ll'Oi^'2022' She is presently working at PHC, Illandakunta' Karimnagar District' which is part of Zone III' Petitioner No'2 was appointed as MPHA (F) on 02'11'1992 in Warangal District and promoted as MpHS (F) on 01.07 .2024. She was posted at \ 2 PHC Chandrugonda in Bhadradri Kothagudem District, which fars in Zone IV' Arthough she expressed wiringness to be considered for Zone III, she was retained in Zone IV and is currently working there. 4. Both petitioners work in the same cadre of M,HS (F), in Zone III and Zone IV respectivery. They submitted a mutuar transfer apprication on 27.12.2024 through proper channer, foilowed by a representation on oB'04'2025' According to the petitioners, respondent No.3 forwarded the mutual transfer proposar to respondent No.1, but no action has been taken by respondent Nos.l and 2. The proposar has neither been rejected nor accepted, even though mutuar transfers of other simirarly praced employees were considered. Hence, the petitioners approached this Court by way of the present Writ petition. 5' Learned counser for the petitioners submits that the petitioners made a varid request for mutuar transfer in the same cadre through proper channer on 27'72.2024, in accordance with the guiderines issued under G.O.Ms.No.245, dated 29.11.2024, and are willing to forgo lien and seniority as required. He further submits that the respondents have not taken any action on their request even though similar requests from others have been considered. 6 On earlier occasions when the matter was taken learned Assistant Government pleader for Services_I obtain instructions. up for hearing, sought time to n J

7. Today, learned Asslstant Government Pleader for Services-I placed on record a copy of the written instructions' which reads as under: ',ftissubmittedthattheetigibilityformu.tualtransferistied to G.o.317 i*pt"ilii"a-ii o"cemo"r 2021' which pertains order dated 06'12-2021' to attocations "i'J''iiiiai'tiat Thus it is unoeiiood iii mutual are only for De rso n s e trecteo' u"n"i i C'b' t"t t' N o' 3 1 7' d ated 0 6 - 1 2 -20 2 1 not tor inoiuidiJts i'-iiot"1 t:'-?i: ut in case of the 'and oetitioners' Hence-ihe petitioners' are inetigibte to consider 'ti"i, ,"ii"tt on mutual grounds'" ^transfers

8. Per contra ' petitioners have G.O.Ms.No.245, learned counsel for the petitioners submits that the conditions Prescribed under comPlied with all including relinquishing lien and dated 29.17.2024, that they are similarlY Placed to others whose mutual seniority, and transfer requests have already been considered and approved' 9 Learned Assistant Government Pleader for Services-I submits that respondent authorities would consider the petitioners' request for orders in accordance with law within mutual transfer and pass appropriate a reasonable Period'

10. Taking into consideration the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case' this Writ Petition is disposed of, directing the respondent authorities to consider the proposals dated 2:-'12'2024 and pass aPProPriate orders in representation dated 08'04'2025' and accordance with law, as expeditiously as possible, PreferablY within a , I .lt period of eight (B) weeks frcm the date of receipt of a copy of this order. There shall be no order as to costs. \ 4 As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER t \ To, 1 2 J 4 t

6. TJ BS $!i,...r* i: +nTt",'s 3i +LT li! # ::'iri#: f# i I v we rra re D e p a rtm e nt rG iffi $lff fr"+utff ;,f I fiffi nm [ilit'Yo"# o.p,.tm e n t, rG s e c reta ria t, ,ll:"?ifi::"'of Public Healfh and Familv werfare, Teransana, Koti, 9n" 99 to Sri M. R. Tagore, Advocate tOpUCt I|o"","r",,'"lio?fri'r Two CD Copies servlces't' Hii-n ct",,'t"i"Iinl strtu or rerangana, at Pt- HIGH COURT DATED:0410812025 ORDER WP.No.21094 of 2025 +) -. I -I rl F- S 14 3 t

14. (t 1r il8 20[ l. \i ir',,,,.... - - -'. 't ,,,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS t- r l)1 { 1)