High Court · 2025

Petition under Article 226 ol ihe 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 impugned action of the 2nd respondent in issuing the Proc No. 11032/ND-A2t2o24tMZ-1, dated 31.07.2024 and also the relieving order through Rc No. E1l907S/GHIvl/HNt(2024, daled 01 .o8.2O24 with a direction to report at the new station on the very same day without considering the request for a nearby station or transfer to another hospital in the same station where there are vacancies under spouse quota as per G.O.ltIs No' 80 Finance HRM-I Department, dated 03.07.2024 on the ground that Focal to Focal Transfers are not permitted while the very same 2nd respondent effected more than '100 transfers within the same station i.e., focal to focal in Multi Zonal discriminating the petitioner as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents particulady 2nd respondent to accommodate in the neighbouring district of Warangal in a different hsptial i.e., l\/GM Hospital, Warangal, Warangal Distrlct or in the current place of work itself where more than 10 vacancies are still remarn unfilled by modifying the transfer orders issued through his proceedings Rc No. 110321ND-A2|2024|MZ-1 , daled 31 .O7.2024 and also the relieving order through Rc No. E1l9078/GHIV/HNt(2024, dated 01 .O8.2024 in the interest of justice. lA 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 operation of the proceedings Rc No. 11032/ND -A21202411\AZ-1 , dated 31 .O7.2024 and also the relieving order through Rc No. E1l9078/GH|V1/HNK12O24, dated 01 .08.2024 issued to the petitioner by the 2nd respondent, pending disposal of the main writ petition. Counsel for the Petitioner: SRI BYRAPAKA ANAND KUMAR Counsel for the Respondents: GP FOR SERVICES ll The Court made the following: ORDER L wP -Z2ao6-2024 NBK,I TION , BLE SRI JU STIC ENAG ESII B HE AKA WRITP ETIT ION No.2 2806 o f2024 ORDER: The petitioner is a Senior Nursing Officer/Head Nurse in Govemment Matemity Hospital, Hanamkonda' under Multi-Zonell' It is her case that during the current transfer' pursuant to lifting of ban on transfers through G. O.Ms.No. 8 0, Finance (HRM) Dept'' dated 03'07'2024' in spite of making application under Spouse Category' and also existence of many vacancies in the current station apart foom the fact of a coupre of new hospitals coming up in the near future near her current working place' she has been transferred to RIMs, Aditabad vide proceedings of 2nd respondent dated 3 | ''07 '2024 and was relieved from the current piace vide order dated 01'08'2024 with a direction to report at the new station i'e'' at Adilabad' on the same day' Aggrieved, she filed this writ petition' 2. Heard Mr' Byrapaka Anand Kumar' leamed counsel for the petitioner; and the learned Govemment Pleader for Services-Il' Pemsed the record' 3. Leamed counsel for the petitioner made submissions on the lines of writ affidavit, and relies on the order dated 13 '0 1 '2025 passed by this Court in W.P.No.21423 of 2024' It may be noted that this Court disposed of the W'P'No'21423 of 2024 4 by observing as follow: ..T.Havingconsideredtherivalsubmissionsmadebythe learnedcounselfortherespectiveparties,thiswritpetitioniS disposed of permitting the petitioner to make a fresh representation to the respondents for redressal of her grievance within a period of one week from the date of receipt of a copy of this order' on receipt of such representation frorn { I I I I 2 wp_22806_2024 N8K, J the petitionei the respondents shall consider the same, duly taking into account the available vacancies on par with Smt. Sode Adilaxmi, if she is otherwise eligible, and pass appropriate orders thereon, stricfly in accordance with law, as expeditiously as possible, preferably within a period of four weeks thereof and communicate a copy thereof to the petitioner. No orders as to costs.,,

5. In terms o1'the order dated 13.01.2025 passed in W.p.No.21423 of 2024 and,, for the reasons alike, this writ petition is also disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// DEP SDi.N. SRIHARI REGISTRAR Y,i TION OFFICER To 1 2 3 4 5 6 7 The Principle Secretary, [\rledical and Health Department Secretariat Buildings, Hyderabad, State of Telangana The Director of Public Health and Family Welfare, State of Telangana, Koti, Hyderabad The Commissioner of Public Health and Family Welfare, State of Telangana, Koti, Hyderabad The Superintendent, Government Maternity Hospital, Hanamkonda One CC to SRI BYRAPAKA ANAND KUIVAR, Advocate [OPUC] Two CCs to GP FOR SERVICES-Il, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies (Along with a copy of the order dated 13.01.2025 in WP.No.21423 of 2024) PSK GJP $ ...s- ..*}{ilttx&&,. t.- a^, t HIGH COURT DATED:2410412025 CC TODAY ORDER WP.No.22806 of 2024 1flL S14 r4: J* ^) :) 01 filiY 2tr6 t Dcriprl.icts LV i (1\(' z {_l *\ .{' DISPOSING OF THE WRIT PETITION WITHOUT COSTS (g*' r\< nf THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO UIRIT PETITION No.21423 of 2024 ORDER: This writ petition is filed seeking the following relief: " - - - ..to issue a Writ of Mandamus or gny other appropriate Writ, order or direction declaring the impugned action of ihn 2'o R"tpordent in issuing Proc.Rc.No. I 1 032/ND-A2/2024/MZ-1, dated 3 1.07.2024 and also the relieving order through Rc.No' E1/9079/GMH/HNK/2024, dated 01.08-2024 with a direction to report al the new statton on lhe very same dcty without considering the request for a nearby station or transfer to another hospital in the same station where there are vacancies under spouse quota as per G.O.Ms.No.80, Finance (HRM-I) Department dated 03.07.21:t24 on the ground that Focal to Focal transfers are not permittetl while lhe very same 2nd Respondent eJfected more than 100 transfers within the same station i.e., focal to focal in Multi Zone-I discriminating the petitiL)ner *-ithout.foltowing due process of law as illegal, arbitra4t and violative of principles of natural ju'stice etc., and consequently direct the Respondents particularly the 2''d Rcspondent to accommodate in the neighbouring district of Hanamkonda in a dilferent hospital i.e., MGM Hospital, Warangal, Warangal District, or in the current place of work itself where more than l0 vacancies are still remain unlilled by modifying 2 the transfer orders issued through his proceedings P roc. Rc. No. I I 0 3 2 /ND- A2/2 0 2 1 /MZ-l, dated 3 1.0 7. 20 2 I antl also the relieving order through Rc .\b. ll 1 /9 0 7 9 /GMH/HNKI2 0 2 4, da ted 0 1. 0 8. 2 0 2 4 .... "

2. Heard Sri N.V.Anantha Krishna, learned counsel appearing lor the petitioner and the l.earned Government Pleader for Medical and Health appearing for the responde nts

3. Brief facts of the case are as follows The petitioner has been working as a Senior Nursing Officer (Head Nurse) in Multi Zone ll. Pursuant to lifting of ban on transfers through G.O.Ms.No.BO, dated 03.O7.2024, the respondents have released the station seniority list, rvherein her name is appeared at Sl.No.15. The petitioner made an application under spouse category. However, her request for posting in the station of her husband was not considered and she was transferred to a very lar of place of more than 300 KM i.e., to RIMS, Adilabad; through the proceedings of the 2.a respondent dated 31.O7.2024 and the 4th respondent also issued reliving order dated t I i i I I ) O1.O8.2024. Aggrieved thereby, the petitioner has filed the present writ petition.

4. l,earned counsel appearing for the petitioner submits that the respondents have not considered the request of the petitioner for posting her in the station of her husband under spouse category. However, the respondents have considered the case of one Smt.Sode Adilaxmi. whose case is similar to that to the petitioner, and posted her at Narsampet, Warangal District. Therefore, appropriate orders be passed in the writ petition by directing the respondents to consider the case of the petitioner on par with Smt.Sode Adilaxmi and pass appropriate orders in accordance with law.

5. On the other hand, learned Government Pleader appearing for the respondents submits that in similar circumstances this Court disposed of W.P.No.2O284 of 2024 on IO.12.2024 by observing as follows :- "Hauing regord to the submissions made bg leanted counsel for the respectiue parties, without 4 going into ments of the case, the Wit Petition ts disposed of pennitting the petitioners to make their fresh representations to respondent Nos.l, 5 and 6 for redressal of their grieuance, u-tithin a peiod of one Lueek from the date of receipt of o copg of t.his order. On receipt of such representation from the petitioners, responCent Nos. 1, 5 and 6 shotl consider the same, dulg taking into account the auailoble uacancies, and pass appropiate orders thereon, stictly in accordance tuith latu, as expeditiouslg cLs possible. preferablg tuithin a peiod of four ueeks thereof and communicate a copy thereof to the petitioners."

6. Learnecl Government Pieader appearing for the respondents further submits that the petitioner may be directed to submit a fresh representation to the respondents and the respondents would consider the same and pass appropriate orders in accordance with 1aw 7 . Having considered the rival submissions made by the learned counsel for the respective parties, this writ petition 1S disposed of permitting the petitioner to make a fresh representatron to the respondents for redressal of her I ; I 5 ^,! tt,ft grievance, within a period. of one week from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the respondents sha-Il consider the same, duly taking into account the available vacancies on par with Smt.Sode Adilaxmi, if she is otherwise eligible, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four weeks thereof and communicate a copy thereof to the petitioner' No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. NAMAVARAPU RAJESHWAR RAO, J

30.o1.2025 Note: Issue C.C. in one week (B/o) Prv