✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,346 words

.....RESPONDENTS Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order, or direction, particurarry in the nature of a writ of mandamus, decraring the procs. No. Rc. z2s2 tE4-r.Gt z-rv t 2024, dated 27 -07.2024, issued by the 4th Respondent, which transferred the petitioner to O/o. DM and HO, Bhadradri Kothagudem District, as illegal, arbitrary, and contrary to the options exercised as per crause 7 during the generar transfer counserring herd on 20-07 -2024 and in vioration of guiderines stipurated in G.o. Ms No. 80 Finance (HRM-I) Department, dated 03-07-2 o24 and not considering the representations dated 13.09.2024 and 28.09.2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Honble court ,dissed in W.P. l.los. 20647 of 2024 and batch and also in WP.t\lo.?-2592 ot 2024 and batch in conrmon orders issued on 07.08.2024 and 29.08.2:.02'4 respectively as illegal, unjust, disc:riminatory and in contravention of G.O. Ms Nlo. 80 Finance (HRM-|) Departnrent, dated 03-07-2024 and Articles 14 and 16 of the lndian Constitution, consequently set aside the said proceedings ard direct the respondents to r:ffect the transfer afresh as per the options exercised under clause 7 of GO.lt/s.N: 80 Finance(HRM-l), department, dated 03.1t7.2024 duting the general transfer counselting held on 20.07.2024 in conrpliance of clause 7 of GO.lMs.No.B0 Financ,: (HRM-l), department, dated 03.07.2024 rvithout reference to G.O.Ms.No 87, Fin. (HRM-l) Department, dated 31 .O7.2024 and joining of the Petitioner on the analogy of the orders issued in W.P. Nos. 20647 ol 2024 and batch and also in WF'.No.22592 oI 2024 and batch in common or(Jers issued on

07.08.2024 and 2'9 O8. 2024. i.A.NO:1 OF 202t1 Petition Under Section 15'1 CPC praying that in the circumstaLnces stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to suspend the rperation of Procs. No.Rc.7252lE4-ll.GlZ-lV;2024, dated 27.07.2024, issut:d b1r the 4th Respondent, transferring the Petitiorrer to O/o. DM and HO, Bhadrac ri Kc,thagudem District and consequently direct ther Respondents to consider afres;h ogrlions exercised by the petitioners at the tirne of General Counselling in terms ol Clause 7 of G.O. Ms No. B0 Finance (HRIvl-l) Department, dated 03-07-2024, at the time of counselling without reference tc (:).O.lrr'ls. No.B7, Fin. (HRM-l) Departn)ent, dated 3'1 .O7.2024, and joining of the Pr:titioner at the place of posting on the analogy of the orders passed in W.P. Nos. )10647 of 2024 and batch and also in WP.No.22592 ol 2024 and batch in ,:ommon orders issued on 07.O8.2O24 ar d 29.O8.2024 respectively. Counsel for the I'etitioner : SMT A.DEEPTHI Counsel for the Respondent No.1 : GP FOR FINANCE AND PLANNING Counsel for the flespondent Nos.2 to 4 : G.P FOR MEDICAL AND HEALTH The Court made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETIT ON o.28202 F 2024 ORDER: This Writ Petition is filed by the petitioner seeking the following relief : wri order or dtrection particularlY tn ''.. 1o issue an a7?ro?riate the nature of a writ of mandamus declaring the Proceedings Rc.No.7252/E4-II.G/Z-N/2024 dated 27-07-2024 issued by the 4th Respondent which transferred the Petitioner to O/o DM and HO, Bhadradri Kothagudem District as illegal arbitrary and contrary to the options exercised as per ctause 7 during the qen--ral transfer counseling hetcl on 20-07-2024 and in violatian ot guidelines sttpulated in G o Ms No B0 Ftnance (HRM-t) Department dated 03-07-2024 and not considering the representations dated 13-09-2024 and 28-09-2024 made to the 4th and 2nd respondents respecttvely on the anatogy of the orders of this Hon'ble Court passed in W P Nos'20647 of 2024 and batch and also in w P No.22592 of 2024 and batch in common orders tssued on 07-08-2024 and 29-08'2024 respecttvely as lllegal unlust discriminatory and in contravention af G O Ms'No Bo Finance (HRM-l) Department dated 03-07-2024 and Articles 14 and 16 of the Indian Constitution consequently set aside the said proceedings and direct the respondents to effect the transfer afresh as per the options exercised under clause 7 of G O'Ms'No' 8o Finance (HRM-I) Department dated O3-a7-2024 during thc general transfer counseling hetd on 20-07-2024 in compliance of clause 7 of G.O.Ms'No' B0 Finance (HRM-I) Department dated 03 07-2024 without reference to G O Ms'No' 87 Finance (HRM-I) Department dated 31-O7-2024 and joininq of the Petitioner on the analogy of the orders issued in W P'Nos-20647 of 2024 and batch and atso in W'P No 22592 of 2024 and batch in common ortiers issued on 07-08-2024 and 29-08-2024 respectively and pass..."

2. Heard Smt. A'Deepthi, learned counsel for the learned Government Pleader for Finance for respondent petitioner, No.1 and learned Governrrent Pleader for Medical & Health for rr:spondent Nos.2 to 4 Learnerd c,lunsel for the petitioner su6mits that t[re present 3. writ petition is ;quarely covered by the order of this C()urt dated O5.o2.2O25inV/P.No.24300of2024'andpraysthisCollrttopass a similar orcler i11 the present writ petition also'

4. I'he sard :;ubmissron is not seriously disput'ed ['7 the learned Governmen I Pleader for respondents' The .ele\/ant portion of the order dated O5'02'2025 ln Iro.24l0O c;1' 2024, is extracted hereunder:

5. W.P *7. l-avrng considered the rival submlssions ma(le by the le.rnedcJUnselfortherespectiveparties'thisWritF'etrtionis the Petltioner to make a Fre;h d : pose'l ci d rectlng -.n..'ir'eo dulno'rry ve4r l'trn9 L rir )Ie!a 1 :il oa Li ane grevan:(r \'vrthrn a perrod of one (01) week From the date of receipt i)f a copy of this order' Upon receipt of such representatlon, the concerned authority is directed to c(nslder the same and pass appropriate orders in ar'cordaTice 5 !r li la\! '

6. Havirg .egard to the submissions made by ':he learned counsel appearing for the respective parties' and for the reasons alike in the orcer dated 05 02 2025 in W P No'24300 :>f 2024' lhe Writ Petitiln i:; disposed of directing the petitioner to rrrake a fresh I I representation to the concerned authority ventilating his grievance within a period of one (01) week from the date of receipt of a copy of this order. Upon receipt of such representation being made, the concerned authority is directed to consider the same and pass appropriate orders in accordance with raw, within a period of four (04) weeks therefrom. There shall be no order as to costs. As a sequel. mrscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/- P. GOWRI SHANKAR EPUry REGISTRAR SECTION OFFICER J 4 5 partment, Secretariat, State of Telangana at Hyderabad-500022

1. The Principal Secretary, to Govemment, Finance 2. The Secretary to Health, Medical and Famil y Welfare, Government of Telangana, Secretariat, State of Telangana at Hyderabad. The Commissioner of Health and Fam ily Welfare, Koti, Hyderabad The Director of Public Health and Fam ily Welfare, Koti, Hyderabad Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad IOUT Telangana at Hyderabad .tourl

6. Two CCs to GP FOR ME DICAL AND HEALTH, High Court for the State of 7. One CC to SMT A,DEEPTHl, Advocate [OPUC] 8. Two CD Copies To sA v",, C.C. TODAY r'42 - IT E S .,.A s 4i' 1 l ,: '.i zfl UAY 2ffi ,/ :.,t' HIGH COURT DATED:291A412025 ORDER WP.No.28202 o12024 DISPOSING OF THE W.P WITHOUT COSTS. .A \Q';-,t -41),

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