High Court · 2025

Judgment

2. 3 4 State of Telangana, Represented by Principal Secretary to Government, Finance Department, Secretariat, Hyderabad-500022. State of Telangana, Represented by Secretary to Health, Medical and Family Welfare, Government of Telangana, Secretariat, Hyderabad. Commissioner of Health and Family Welfare, Koti, Hyderabad. Director of Public Health and Family Welfare, Koti, Hyderabad. .,.RESPONDENTS

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 appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the Procs. No. Rc.7252lE4 -ll.GlZlYl2024dated 27.07.2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Patwarigudem, Bhadradri Kothagudem District, as illegal, 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. B0 Finance (HRM-I) Department, dated 03-07-2024 and not considering the representations dated 13.09.2024 and 28.09.2O24 made to the 4th and 2nd respondents 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 07.08.2024 and 29.08.2024 respectively as illegal, unjust discriminatory and in contravention of G.O. Ms No. 80 Finance (HRM-|) Departrrent, dated 03-07-2024 and Articles 14 and 16 of the lndian Constitution, consequently set aside the said proceedings and direbt the respondents to effect the transfer afresh as per the options e>lercised under clause 7 of Go,l/s.Nc.B0 Finance(HRM-l), department, dated 03.(.t7.2024 during the general tran:;fer r;ounseling held on 20.o7.2024 in cornpliance of clause 7 of GO.Ms.No.B0 Firrance (HRM-l), department, dated d3.07.2024 flit10ut reference to G.O.Ms.No.81 , Ft . (HRM-l) Department, dated 31 .O712024 and joining of the Petitioner on the ana logy of the orders issued in w.P. N,:s. 2Ct64 7 of 2024 and batch and also irr wf).No.22592 0f 2024 and batch in common or,lers issued on 07.08.2024 and',>-9.01\ 2024 lA NO: 1 OF 202,1 Petition under Section 151 CPC praying that in thr-' circum:stances stated in the affidavit filed irr support of the writ petition, the High Court n'ay be pleased to suspend thr: operation of Procs. No.Rc.7252lE4'll.Gtrl-l\.t12024, dated 27.07.2024, issr-red by the 4th Respondent, transferring the Pet tioner to PHC Patwarigudem, Bhadradri Kothagudem District and cc,nsequertly direct the Respondents to cons ider a fresh options exercised by the petitioners at the time of General Counselirrg in terms of Clause 7 of G.O. Ms No. 80 Finance (HRM-l) Department, dated C3-07-2O24, aI the time of counseling withot.t reference to G.O.Ms.No.87, I:in. HRM-l) Department, dated 31 .O7.2024, and joining of the Petitioner at the plac;e of posting on the analogy of the orders passed in W.P. Nos. 20647 of 2024 and batch and also in WP.No.2259?- of 202'L and batch in common orders issuerd on O7 .08.2024 and 29.08.2O24 respectively Counsel for the Petitioner: Smt. A. DEEPTHI Counsel forthe Respondent No.1: GP FOR FINANCE Counsel for the Respondent Nos.2to4: GP FOR MEDICAL HEALTH AND FAMILYWELFARE The Court made the following: ORDER -7 THE HON'BLE SRI JUSTICE NAMAVARAPU RA]ESHWAR RAO RI IT NN .2A243 202 ORDER This Writ petition is filed by the petitioner seekinq the following relief : ".,. to issue an appropriate writ order or direction parttcutarty 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 which transferred the petitioner to pHC Patwarigudem Bhadradn Kothagudem Dstnct as i egal arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 20-07_2024 and in violatrcn of guidelines stipulated in G.O.Ms.No.BO Finance (HRM_I) Department dated 03-07-2024 aod 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 Hon'ble Court passed tn W.p Nos.20647 ot 2024 and batch and also in W.p No.22592 of 2024 and batch n common orders issued on 07 OB_2O24 and 29_0A_2024 respectively as illegal unjust discnminatory and in contravention of G.O.Ms.No.8O Finance (HRM-t) Department dated 03_07_2024 and Articles 14 and 16 of the Indian CaDstttLttian cansequenuy set aside the said proceedings and direct the rcspondents to effect the transfer afresh as per the optrcns exercised under clause 7 of G.O.Ms.No. BO Finance (HRM-I) Department dated 03-07-2024 during the general transfer counseling held on 20-07-2024 in complance of clause 7 of G.O_Ms.No.8O Finance (HRM-I) Department O3-O7-2024 without reference to G.O.14s.No.87 Finance (HRM-l) Department dated 31,07_2024 and joining 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.225g2 of 2024 and batch in common orders issued on 07-0g_2024 and 29-08-2024 and pass ..."

2. Heai'd Smt. A. Deepthi, learned counsel l.or the petitioner, learned Government Pleader for Finance for respondent No.1 and I '_ -. ,l learned Gorrern rrent Pleader for Medical & Hea th For -espondent Nos.2 to 4.

3. Learnr:d c:unsel for the petitioner submits; that tre present writ petition rs ;quarely covered by the order of this C:urt dated

05.A2.2025 in Vt P,No.24300 of 2024, and prays this i_o.rrt to pass a similar order in the present writ petition also.

4. The serid submission is not seriously disputed by,tre learned Governi-nent Ple;rd e r for respondents.

5. The r3lev,tnt portion of the order dated 05.0.2.2025 in W.P.No.243()0 ol 2024, is extracted hereunder: "7. Hr/rng considered the rival submtssions made by th€ learned c(,1 nsel for the respecttve parties, this Writ Petitron is disp()sed of directing the petitioner to make a fresh repr,:sent,rtron to the concerned authority ventilat ng his gTrevance vr th n a period of one (01) week from the Cate of rece pt .o a copy of this order. Upon receipt oF such repr(:sent.rtron, the concerned authority is direc:ed to cons der tre same and pass appropnate orders in acccrdance wrth law. "

6. Having reqard to the submissions made by thr,: learned counsel app€ranng for the respective parties, and for thrt reasons alike in the orde'dated 05.02.2025 in W.p.No.24300 of .>_024, the Writ Petition is d sposed of directing the petitioner to rna[:e a fresh representation to the concerned authority ventilating his grievarice 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 considei 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, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. To, //TRUE COPYII SD/- L. VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary to Government, Finance partment, Secretariat, T. S., Hyd era bad -5OOO22.

2. The Secretary to Health, Medical and Family Welfare, Government of Telangana, Secretariat, T.S.,Hyderabad.

3. The Commissioner of Health and Family Welfare, Koti, Hyderabad. 4. The Director of Public Health and Family Welfare, Koti, Hyderabad. 5. One CC to Smt. A. DEEPTHI, Advocate [OPUCI 6. Two CCs to GP FOR MEDICAL HEALTH AND FAIVIILY WELFARE, High 7. Two CCs to GP FOR FINANCE, High Court for the State of Telangana at Court for the State of Telangana, at Hyderabad [OUT] Hderabad [OUTI B. Two CD Copies BM Ya- ''.'..!'. CC TODAY -/ a"=:': i t, s s i) ,e: 23l/lNM l .; t- .'J

1.. -i-:, HIGH COURT DATED:2910412025 ORDER WP.No.282!.43 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \2- ,oPSd YY- - 6pw