High Court · 2025

Petition under Articre 226 oI the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cor.t ra"y oe pteasea to issue an appropriate writ, order, or direction, particurarry in the naturL or a wiit ot mandamus, decraring. the procs. No. Rc. 7 2s2 rE4 -r.Erz-fir't 2024, dated zi .w ..zr,z+, issued by the 4th Respondent, which transferred the petitioner to pHC RamaJugu, Karimnagar District, as iilegar, arbitrary, and contrary to tre-opiionsLr"?"iJJi'r. per clause 7 during the general transfer counselling held on 20-07 -2024 and in yio.latjol oJ_Syrdglines stiputated in G.O. Ms No. 80 Finance (HRM_t) O"pr.tr"nt, dated 03-07-2024 and not considering the representations dated ri.os.iozq ana 28.09.2024 made to the 4th and 2nd-respondents respectivery on the anaLgy of the orders of this Honorabre court passed in w.p. Nos. 2064i or 2ozq and 6atcn and also in wP.No.225g2 of 2024 and batch in common orders issued on 07.08.2024 and 29 -o8.2o24 respectivery as iilegar, unjust, discriminatory and in contravention of G.o. Ms No. 80 Finance (HRtu-r) Department, dated 03-07 -2024 and Articles 14 and 16 of the Indian constitution, consequenfly set aside the said proceedings and direct the respondents to effect the transfei afresh as per the options exercised under crause 7 of Go.Ms.No.g0 Finance(HRM-rL o"pr'rt,nunt, '2o.o7.2024 dated 03.07.2024 during the generar transfer counsefling herd on compliance of clituse 7 of GO.Ms.No.B0 Finance (HRM l)' deparlment' dated 03.07.2024 without reference to G.O.Ms.No.87, Fin. (HRM-l) D€)peLrtment, daled il .Ot.ZOZ+ and joinrn3 of the Petitioner On the analogy of the-o(jers 1s.su9f W.P. Nos. 2064T of 2A24 and batch and also in WP No'22592 of 202'{ and batch in common orders issued on 07 .O8.2O24 and 29 OB '2024 IAN O:1 OF 2O24 Petition unrjer siection 151 CPC praying that in the circumstarlces stated in the affidavit filed n support of the writ petiiion, the High Court may !e-qt93sfto ;r;t";; the operatior, of procs. No.Rc.7252lE4-lt.Etz-11t2ct24, date'd 27.07.2024, LsreO OV the 4th Rr:spondent, transferring the Petitioner to PH (l Ramadugu' fuiirn"gi* District anrl consequently direci the,Respondents to c,:nsider afresh option, Jr"r.i.ed by the petitioners ai th" tire of General Counsellrng in terms of ClausezofG.o.lVlsNo.S0Finance(HRM-|)Departmentdaled(.)3.07-2024'al the time of co.rnselling without reierence to G O'Ms No Blz' Fin (HRM-l) oepartment,datec31072024'andjoiningofthePetitionerattheplaceofposting on i6. ,nrlogy of the ,:rders prssed in W.P. Nos. 20647 t'tf 2024 ttnd batch and also in wP.No .22592 0f 2024 and batch in common orders issuerd on 07.08.2024 and 29 .O8.2024 rospe rtively Counsel for the Petitioner: Smt. A DEEPTHI Counsel for the llespondent No.1: GP FOR FINANCE Counsel for the llespondent Nos.2 to 4: GP FOR MEDICAL AND HEALTH The Court made the tbllowing: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO P IT ON 11 OF o2 ORDER This Writ Petition is filed by the petitioner seeking the following relief : "... to issue an appropriate writ order or dtrection particutarly n the nature of a writ of mandamus declaring the proceedinqs Rc. N1.7252/E4-II.G/Z- I/2024 dated 27_07_2024 issued by the 4th Respondent which transferred the petitjoner to pHC ;<anadugu Karimnagar District as illegal arbttrary and cantrary to the options exercised as per Clause 7 during the general transter counseling held on 20-07_2024 and io violation of guidelines stipulated in G.O.Ms.No.BO Finance (HRM-I) Department dated 03.07.2024 and not considering the representations dated 13- O9-2024 and 28-09-2024 made to the 4th and 2,d respondents r"spectively on the analogy of the orders of this Hanorable 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 issued on O7-08-2024 and 2g-OB-2024 respectivety as illegat unjust discriminatory and in contravention of G.O.Ms.No.g0 Finance (HRM-I) Department dated 03_07_2024 and Articles 14 and 16 of the lodtan Constitution coosequen y set asrcle the said proceedings and direct the respondents to effect the transfer afresh as per the options exercised under clause 7 of G.O.Ms.Nb.80 Finance (HRM_I) department dated 03-07_2024 during the general transfer counseling held on 20_07-2024 in compliance of clause 7 of G.O.Ms.N).BO Finance HRMI department dated 03-07_2024 without reference to G.O.t'4s.No.87 Fin HRMI Department dated 31 Ct-2A2i and joining of the Petitioner On the analogy of the orders issued in W.P Nos.2O647 of 2024 and batch and atso in W.p No.225g2 of 2024 and batch in common orde.s issued on O7_Og_2024 and 29-08-2024 and pass ...,,

2. Heard Smt. A.Deepthi, learned counsel for the petitioner, rearned Government preader for Finance for respondent No.1 and learned Governrnent Pleader for Medical & Health for r'sspondent Nos.2 to 4.

3. Learnerd clunsel for the petitioner submits that the present squarely covered by the order o" this Crlurt dated writ petition 05.02.2025 in V/ P No.24300 of 2024' and prays this Co rrt to pass a similar orcler ir the present writ petition also IS

4.Theseid:;UbmissioniSnotSeriouslydisput-edb./t'helearned Governmen t Pleader for respondents

5. The rele'/,lnt portion of the order dated 05 '(.t2 '2025 in W.P.No.24ii0 O tti 2024, is extracted hereunder: l- aving considered the rival submrssions made by the 'r' le;rrned counsel for the respective parties' this Writ f'}etition rs d 1;pose i of directing the petitioner to make a fresh ref rese''l.ation to the concerned authority ventilating h's . '11 - a pprroo ol one (Ol) week flom Lfe da-- ' rece pt lf a copy of this order' Upon receipt of such repres€ntation, the concerned authority is directed to c()nstd€ r [he same and pass appropriate orders in accordaflce \,,/ th la'{ "

6. Having reqard to the submissions made bv the learned for the respective parties, and for the reasons counsel a t) Pea ring dated 05.02.2025 in W'P'No 24300 rlf 2024' the alike in the or cler ] I z-, writ Petition is disposed of directing the petitioner to rnake a fresh representation to the concerned authority ventirating 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 law, within a period of four (04) wee<s 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 A SISTANT REGI STRAR SECTION OFFICER partment, Secretariat, I to'',.

2. Ihe ,n" Principal Secretary to Government' Finan Hvd erabad-500022 Secretary to Health, Medical and Family Welfare'Government of Telangana, Secretariat, Hvderabad The Commissioner of Health and FamilY Welfare, Koti, HYd erabad The Director of Public Health and FamilY Welfare, Koti, HYd erabad One CC to Smt. A DEEPTHI Advocate IOPUC] Two CCs to GP FOR MEDICAL AND HEALTH ,High Court for the State of +flS83:?"t?,rtr FINANCE, Hish court ror the State or reransana at Hvderabad. [OUTI Two CD Copies 3 4 5 6 7 KKS Yk CC TODAY e. ir E S I.i,-l: a (-)t 2 ] i{AY 2ffi i J !. '.|, .i HIGH COURT DATED:2910412025 ORDER WP.No.28113 of 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS *d-b V/ ry".