D.S.Reddy v. State of Telangana

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 an appropiiate writ, order, or direction, particularly in the nature of a writ of mandamus, declarinQ the Procs. No.Rc.7252lE4-ll.G|Z-\V12024, dated 27.07.2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Alankanipet, Warangal, as illegal, arbitrary, and contrary to the options exercised as per Clause 7 during the general transfer counselling held on 20-07 -2024 and in violation of guidelines stipulated in G.O. Ms No.80 Finance (HRM-|) Department, dated 03- 07-2024 and not considering the representations dated 30.07.2024, 13.09.2024 and 28.09.2024 made to the 4th and 2ndrespondents respectively on the analogy of the orders of this Hon'ble Court passed in W.P. Nos. 20647 of 2024 and batch and also in WP.No.22592 of 2024 and batch in common orders issued on 07.O8.2O24 and 29.08.2024 respectively as illegal, unjust, discriminatory and in contravention of G.O. Ms No. 80 Finance (HRfU-l) Department, dated O3-07 -2024 and Articles 14 and 16 of the lndian 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 GO.Ms.No.B0 Finance(HRM-l), department, dated 03.07.2024 during the general transfer counselling held on 2O.07.2024 in compliance 03.o7.2024 31 .o7 2024 W.P. Nos.2 common ord IA NO 10 F 2024 p1#d#nlfl 1rydf#iiffi;r,l#,'f,ffi *" "rl:Xli"il#;1": *"1,:. r51 cpc pravino th rtffffiff I** counset for the petitioner: counser forthe Respon-'r: counset for the Res*rono,"nt rhe court made the,;;:l:;::"^t'"'FoR .srnr A ,-FF_- smt' A DEEPTHT to'' t GP FoR FINAN.E r4EDrcAL AND HEALTH I l I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT ETITIoN No. 84 o2 ORDER: This Writ petition is filed by the petitioner seekinq the folloWing relief: "... to issue an appropriate writ order or direction particutarly in the nature of a writ of mandamus declaring the proceedings Rc. No.7252/E4-II. G/Z- IV/2024, dated 27-07_2024 issued by the 4th Respondent, transferring the petitioner to pHC Atankanipet Warangal as legal arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 20-07-2024 and in violation of guidelines stipulated in G.O.Ms.No. BO Finance (HRM-I) Department, dated 03_07_2024 and not considering the representatjons dated 30_07_2024, 13_ 09-2024 and 28-09-2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Han,ble Court passed in W.p Nos.20647 of 2024 and batch and atso in W.p No. 22592 of 2024 and batch in common orders issued on O7_Oa- 2024 and 29-OB-2O24 respectively as i egal, unjust discriminatory and in contravention of G.O.Ms.No. BO Finance (HRM-I) Department, dated O3_07_2024 and Artictes 14 and 16 of the Indian Constitution consequen y set aside the sad proceediogs and direct the respondents to effect the transfer afresh as per the options exercised under clause 7 of G.O.Ms.No. 80 Finance (HRM-I) Department, dated 03_O7_2024 during the geoeral transfer counseting held on 2O-O7_2O24 in compliance of clause 7 of c.O.Ms.No. BO Fnance (HRM-I) Department, dated 03-07-2024 without reference to G.O.Ms.No.B7 Finance (HRM_I) Department, dated 31-07-2024 and Joining of the petitioner on the analagy of the orders issued in W.p Nos.2O647 of 2024 and batch and also in W.p No.22Sg2 of 2024 and batch in common orders issued on O7-OB-2024 and 2g_OB-2024 and pass ...,,

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..1 Lt 4

3. Learned r:ounsel for the petitioner submits thiat the present writ petition is squarely covered by the order of this Court dated

05.A?)02 i in \U.P.No.24300 of 2024, and prays this Clurt to pass a similar o'der in the present writ petition also.

4. The said submission is not seriously disputed by the learned Governme rt Pieader for respondents.

5. The relr:vant portion of the order dated 05.O2.2025 in W.P.No.2430O ctf 2024, is extracted hereunder: ",'. -lavrng considered the rival submissions made b)- [r. earnec :ounsel for the respective parties, this Wrlt Petition is d spos€,c oF directrng the petrtioner to make a fresh r(,pres(,rtation to the concerned authority ventilating his g ievar ce wrthin a penod of one (O I ) week from tl'le da-€ ol i cer rt Ji a copy of thrs order. Upon receipt of sLr:ir represcr tation, the concerned authority is dl'ected to consrd(,r the same and pass appropriate orders in accordance !vith a'"v. " 6- Havirg ',rgard to the submissions made bv the learned counsel appearing For the respective parties, and for the reasons alike in th3 order dated 05.02.2025 in W.P.No.2430)J ()f 2024, the Writ Petition is disposed of directing the petitioner to nrake a fresh 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 representaiion being made, the concerned authority is directed to consider the same and pass 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. VIJAYA LAXMI ISTANT REGI TRAR SECTION OFFICER To,

2. 3 4 5 6 7 8 KKS partment, Secretariat, The Principal Secretary to Government' Finance +n:"J3:11;t'9i32n2""rtn, Medical and Familv welrare'Government or i;ir;o";;;', s'"iieta riat' HYd cra had' comniissioner of Health 'niii"i'iirv e*'$titU"f f;+l+ll'i{y;*giEiy-{X;#",i11,n",,u,"., i*o CC. to GP FOR MED Ifil3E3ii;t?"1oR FINANCE, High court for the State of relansana at w"lfare' Koti' Hyderabad' Hyderabad. [OUT] Two CD Copies Yt HIGH COURT DATED:2910412025 ,1 ,/:'- I t CC TODAY ,? .1rtF- S14 15 l;13 M \, I t:i l,lAY ORDER WP.No.28474 o12024 t)/ j./ DISPOSING THE WRIT PETITION WITHOUT COSTS \>d("4 ft4* ,"