A.R,Siddappa 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in transferring the petitioner vide impugned Proc.Rc.No.979lE4.D|MZ-\12024, dated 27-7-2024, wherein the petitioner herein was illegally transferred from Primary Hea th Centre Regode Medak District to PHC Bejjanki, Siddipet District in the left over vacancy, even without calling the petitioner for counseling, as not within the 40 percent of cadre strength liable for transfer and without considering any one of the options mentioned in the application and not considering the petitioners representations dated 30-7- 2024 as highly illegal, arbitrary and contrary to the transfer guidelines issued vide G.O.Ms.No.80, Finance Dept. dated 3-7 -2024 and consequently the Hon'ble Court may be pleased to direct the respondents herein to consider the petitioners representations dated 3O-7 -2024 for posting against any one of opted places, which are existing as clear vacancies. lA NO: 1 OF 2024 Petition under s,3dion 151 cPc praying that in the circumstanr;es stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents herein to consider the petitioner's representations dated 30-7- 2024 for transferring against any one of the opted places, which are vacant, as per the transfer guidelines issued under G.o.Ms.No.80, Finance Dept. dar:ed 3-7 -2024 pending disposal of Writ Petition. Counsel for the PetitionCr: SRI M.R.TAGORE Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITIO NNo .243(}(l oF 2024 ORDER: Heard Sri M.R. Tagore, learned counsel for the petitioner and learned Government Pleader for Services-I fo;- respondent Nos.1 to

3. Perused the material on record.

2. Learned counsel for the petitioner subn_.rits that the petitioner while working as a Community Health Officer (CHO) at pHC Regode, Medak District, was transferred to pHC Bejjanki, Siddipet District, vde im pug ned Proc. Rc. No .97 9 / E4.D / MZ-I / 2024, dated 27 .07 .2024. The petitioner had completed 5 years, 9 months, and 3 days of service at PHC Regode as on 30.06 .2024, and submitted an application on L2.07.2024 giving transfer preferences for four stations (PHC Alladurgam, pHC Rangampet, Dy. DMHO Medak, and PHC Manoharabad). According to the.guidelines issued under G.O.Ms.No.B0, dated 03.O7.2024, employees completing four years at a station are eligible for transfer. However. the petitioner,s name was excluded from 4Oo/o of the cadre strength.

3. Learned counsel for the petitioner fur-ther submits that the petitioner attended the counseling session on 20.07.2024, however, he was not called for counseling, and transfers rvere made up to Sl.No.53. Despite this, the petitioner was transferred to pHC : Bejjanki, locatecl 150 Km away, a station outside the cadre transfer list, without beinil calied for counseling. Therefore, the petitioner submitted a representation before respondent Nos.2 and 3 on 30.07.2024 r,lqLjesting to cancel his transfer and post l^im to the place i.e., PHC. a.,:gode, Medak Distr-ict. But, so far, no r:rders are passed on the saiC representation' Learned crtLrnsel for the petitioner further submits that similar 4, relief has been granted in various writ petitions, r,rrhere the Government was directed to consider the preferred vacarlt stations for transfer, ir accordance with the provisions of G.O.Ms.No.B0. The petitioner, ':i- e:refore, prays that the same reiief be -clranted to the petitioner.

5. Learned ,:ounsel for the petitioner further submits that althouqh the C;c,\'€'rnment had asked the petitioner tr provide transfer options, a nd the petitioner duly submitted four preferred options, the (joi.'ernment transferred the petitioner tc a station situated far frorn Ihe current posting. In adherence to the transfer order, ihe p€titrone!- ioined the new posting and sutrsequently submitted a :ep-i'sentation to the 3'd respondenL on 30.07.2024.

6. Learned Cir,vernment Pleader appearing for the responcjents submits that rvrt,r :eqard to similar relief, thls Court disposed of various ivrit pi:titions. Therefore, the petitioner may be cirected to 3 submit a fresh representation to the respondents and the respondents would consider the same and pass appropriate orders in accordance with the law.

7. Having considered the rival submissions made by the learned counsel for the respective parties, this Writ petition is disposed of directing the petitioner to make a fresh representation to the concerned authority ventilating his grievance within a period of one week from the date of receipt of a copy of this order. Upon receipt of such representation, the concerned authority is directed to consider the same and pass appropriate orders ln accordance with the law, by. taking into consideration the available vacancies nearer to the petitioner,s previous station. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed LE- SD/-P. PADMANABHA REDDY ASS T NT REGISTRAR //TRUE COPYII CTION OFFICER The Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Hvderabad, State of Telangana. ine Commissioner of Familv Welfare, TS, Koti, Hyderabad. ii'i" oir"itoi otPublic Healtir and Family Welfare, TS, Koti, Hyderabad' One CC to SRI M.R.TAGORE, Advocate [OPUC] iir" cc. tJcp Fon senvtcES-l, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To

2. 3. 4. 5. 6 PSK. BS s HIGH COURT DATED:0 510212025 ORDER WP.No.24300 of 2024 1 Y\f, s;rA rG l!,r\ 2 B rEts 2[25 l. .,.i * 5 c o \l DISPOSING OF THE WRIT PETITION WITHOUT COSTS eF"P..x ,6