1. A. Venkatesham v. State of Telangana
Case Details
Acts & Sections
Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, particularly in the nature of a writ of Mandamus declaring the proceedings No. Rc. 2SO'lGADlZone- llll2o24 daled 18to712024, issued by the 4th Respondent, which transferred the l stPetitioner to Government General Hospital, Karimnagar, and further retaining the 2nd Petitioner in Government General Hospital, Siddipet, as illegal, arbitrary, and contrary to the options exercised during the General Transfer counseling held on 2OtO7 t2O24, and in violation of Clauses s(AXi), 6(c), and 7 of G'O Ms No' 80' Finance (HRM-I) Department, dated 03-07-2024 and consequently set aside the said proceedings Rc.No.2506/GAD/Zone-lllt2024 dated 18-07-2024, issued by the 4th Respondent, further direct the Respondents to effect the transfer as per the options exercised during the transfer counseling in strict compliance with Clauses a(A), 5(A)iiv), and Clause 7 of c.O. Ms.No.80, Firrance (HRM-l) Depa(ment, daled Ct3-10712024, without reference to G.O. Ms. Nlo.87, Finance (HRM-|) Departrnent, dated 3110712024, and the joining at thr-' 1:lace to that of GGH, Karimnagar a nd the continuation of the 2nd Petitioner irt Government General Hospital, Siddipet lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circunrst;lnces stated in the affidavit filed in support of the writ petition, the High C:ourt ma\/ be pleased to direct the Resprndents to consider afresh the options exercised by both the Petitioners at the time of counseling in terms of Clauses a A, 5(A)iiv) and Clause 7 of G.O. Ms. No. 80, Finance (HRM-|) Department, dated t)3tO712O24 by considering representations made before 3'd Respondent, without reference to G.O. Ms. No. 87, Finance (HRM-I) Department, dated 3110712024. and joining of the 1't Petitioner at the place of posting and continuation of the 2, d Respondent at the same plac:, pe,nding disposal of the writ petition Counsel for the Petition"l Smt. A. DEEPTHI Counsel for the lR.espondent No.1: GP FOR FINANCE Counsel for the Respondent Nos.2to4: GP FOR MEDICAL HEALTH AND FAMILYWELFARE The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RA]ESHWAR RAO W T ET 6 F 2 ORDER ThisWritPetitionisfiledbythepetitionerseekingthe followihg relief: "... to issue an appropriate writ order or direction particularlY in the nature of a Writ of Mandamus declaring the proceedings Rc.No.25O6/GAD/Z-IIy2O24' dated 18-07-2024 issued bY the 4th Respondent which transferred the 1't Petitioner to GovernmentGeneralHospitalKarimnaga.andfUrtherretaininq the 2'd Petitioner in Government General Hospttal Stddtpet as illegal, arbitrary and contrary to the options exercised durinq the General Transfer Counselinq held on 20-07-2024 and in violation of Clauses 5(A) (i)' 6(c) and 7 of G'o.Ms'No 80 Finance HRM-I Department' dated 03-07-2024 and consequently set astde the said proceednqs Rc'lvo' 2-506/GAD/Z\\e-III/2O24 ' dated 18-07-2024 tssued bv the lth Respondent further direct the Respondents to effect the transfer as per the options exercised during the transfer counselinginstrictcompliancewithClauses4(A),S(A)(iV)and Clause 7 of G'O Ms'No'll Finance HRM'l Department' dated 03-07-2024 without reference to G.O'Ms.No 87 Finance HRM-l Department, dated 31-07-2024 and the joining at the place to that of GGH, Karimnagar and the continuatnn of the 2nd PetitioneratGovernmentGeneralHospitatsiddipetandtopass
2. Heard Smt. A'Deepthi, learned counsel for the petitioner' learned Government Pleader for Finance for respondent No'1 and learned Government Pleader for Medical & Health for respondent Nos.2 to 4.
3. Learned counsel for the petitioner submits that the pr-esent writ petition is squarely covered by the order of this Court dated J...3 I I 1 i l 1
05.02.20,t5 ir W.P.No.2430O of 2024, and pravs this r.lourt to pass a similar order-in the present writ petition also
4. The said submission is not seriously disputed by the learned Gov.: r,1e tl PICader for respondents.
5. The relevant portion of the order dated 05.02.2025 in W.P.No.24:100 t 2024, is extracted hereunder: "; Fav ng consrdered the nval submisslons ma(le by tir- learned :,unsel for the respective parties, this Writ Fetition is drslosed of dtrecting the petitioner to make a fres h represent.rtion to the concerned authority ventilating h s gfl€,vance within a period of one (01) week from the date of recorpt of d copy of this order. Upon sr_rc l representation, the concerned authority con:iider jl-e same and pass appropriate orders in acclrdance yr'ith lavv.' is directed receipt trf
6. tiavtng rer;ard to the submissions made by thi: iearned counsel app€)arino For the respective parties, ancl For the reasons alike in the crrder dated 05.02.2025 in W.p.No.2430 O of .2024, the Writ Petition is disposed of directing the petitioner to rral:e a fresh representatiotl to t:he concerned author-ity ventilating his ,lrievance within a period of one (01) week from the date of receipt cf a copy of this order. Upon receipt of such representation being nrade, the concerned aLtihor ty is directed to consider the same e nd pass --:1t*--*r--- --1 appropriate orders in accordance with law, within a period of four (04) weeks therefrom. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// Sd/. L. VTJAYA LAXMI ISTANT REGISTRAR TION OFFICER To, 2
1. The Principal Secretary to Government' Finance epartment, Secretariat, Hvderabad. T#"bl.*ir," to Health, Medical and Family Welfare' Government of Telanoana. S6cretariat, Hvderabad. i#'i%?ifi s.i,ii i,;oTH"iit, no Fa m ilv welf a re' Koti' Hvde ra bad. . iil; 6it;;il;oipuuri" Health and ramiVyyglla-1g' Koti' Hvderabad' . One CC to Smt. A. DEEPTHI, Advocate [OPU9!-... . irj. 66j-t"-cp Fon Meorcnl HeALril AND-FAIv',llLY WELFARE, Hish ciiJrt toitn" State of Telangana, at Hyderabad [ou! . il; uc;'6 e F'Fon Frr'jA"r.rcE, nig6 court foi the state of Telangana at Hyderabad [OUT] . Two CD CoPies J 4 5 6 8 7 BM \qr HIGH COURT DATED:29 tO4|2O2S ORDER WP.No.23675 of 2024 CC TODAY a" o :::.1:. ,:i )- o o 23 ilEY 2ffi ai( i, + DISPOSING OF THE WRIT PETITION WITHOUT COSTS t{coPf4 w_,-{ana Q3\) to