High Court · 2025

Petition Under Article 226 of lhe 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.GlZ-lV 12024, daled 27.07.2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Manuguru, Bhadradri Kothagudem District, 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-l) Department, dated 03-07-2O24 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 Court passed in w.P. Nos. 20647 of 2024 and batch and also in wp.No .22592 of ;2024 and batch in common orders ir;sued on 07.o8.2o24 and zg.og.2o24 respectivety as illegal, unjust, discriminatory and in contravention of G.O. Ms No. g0 Finance (HRM_l) Department, daled 03-07-2024 and Articles 14 and 16 of the lndi;an constitution, consequently set aside the said proceedings and direct the resco,rdents to effect the transfer afresh as per the options exercised under clause l, of Go.Ms.No.g0 Finance(HRM-l) decartment, dated 03.o7.2024 during the general tr.ansfer counselling held on 20.07.2024 in compliance of clause 7 ol Go.lvls.No.80 Finance (HRl/-l), department, dated 03.o7.2024 without reference to G.O.Ms.No.87, Fin (HRM-t) Department, dated 3.1 .07.2O24 and joining of the Petitioner on ther analogy of the orders issued in w.p. Nos. 20647 ol 2o24 and batch and also ir w[) No.22592 of 2024 and batch in common orrlers issued on 07.08.2024 and l>-9.Ot\.2024. !.A.NO:1 OF 202,1 Petition Under Section 15i cpc praying that in the .ircumstances stated in the affidavit filed in r;upport of the petition, the High court may be pleased to suspend the cperation of procs. No.Rc.7252lE4 -ll.Glzlv t2024, dated 27.o7.2024, issued by the 4th Respondent, transferring the petitioner to pHC Manuguru, Bha lrad'i Kothagudem District and consequenfl,y direct the Respondents to cronsicer a fresh options exercised by the petitiorrer at the time of General counselling n terms of crause 7 of G.o. Ms N.. B0 Firrance (HRM-|) Department, daterd 0l)-07-2o24, al the time of counselling without reference to G.O.Ms.No 87, Fin. (iiRf\,4-t) Department, dated 3.1 .07.2024, and ioining of the Petitioner at the placr: of posting on the analogy of the orders passed in w.p. Nos. 20647 of 2(t24 and batch and also in wp.No.22592 o,t 2024 and batch in common orders issuecl on 07.O8.2024 and 2g.0g.2024 respectivety. Counsel for the Petitir>ner : SMT A.DEEPTHI Counsel for the Respondent No.1 : Gp FOR FINANCE AND PLANNING counsel for the Respondent Nos.2 to 4 : G.p FoR MEDTCAL AND HEALTH The Court made tthe following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO w ITPETITI N o 81 2 F 4 ORDER This Writ petition is filed by the petitioner seeking the following relief : "... to issue an appropriate writ order or direction particularly in ilJe oature of a wnt of mand Rc.No.72s2/E4-,.orrrurrorn"i"il"o':::;::r:"::;:;i';: 4'h Respondent which transferred the petitioner to pHC Manuguru, Bhadradri Kothagudem District as illegal, arbitrary aod contrary to the options exercrsed as per Clause I aurrng tnte general transfer counseling held on 20_07_2024 and in viotation af qutdelines stiputated in G.O.Ms.No.BO Finance (HRM-t) Department dated 03_07_2O24 and not considenng the representations dated 13_O9_2024 and 2g_Og_2024 made to the 4th and 2"d 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 W.p No.22592 of 2024 and batch in common orders issued on 07-OB-2024 and 29-OB-2024 respectively as i egal. Ltnlust, discrimtnatory and in contraveotion of G.O.Ms.No. B0 Ftnance (HRM-I) Department dated 03-07_2024 and Articles 14 and 16 of the Indian Constitution consequenuy set astde the said proceedings and direct the respondents to effect the transfer afresh as per the options exercised under ctause 7 of G.O.Ms.No.BO Finance (HRM-I) Department dated 03-0Z-2024 rl'trinq the general transfer couoseltng hetd on 2O_07_2024 itl cornpltance of clause 7 of G.O.Ms.No.BO Finance (HRM-l) Department dated O3_O7_2O24 without reference to G.O.Ms.No.87 Finance (HRM_I) 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.22S9Z of 2024 and batch in common orders issued on 07_0g_2024 and 29 -A8- 2024 and pass ..,,

2. Heard Smt. A.Deepthi, learned counsel for the Iearned Government pleader for Finance for respondent petitioner, No.1 and ( learned G,lvernment Pleader for Medical & Health t=or respondent Nos.2 to 4

3. Learred (:ounsel for the petitioner submits th,3t the present writ petition is squarely covered by the order of this Court dated

05.02.202'3 in W.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 Government Pl eader for respondents

5. The rel€\.ant portlon of the order dated 05.02.2025 in W.P.No.24.100 of 2024, is extracted hereunder: "7. l-1avrng considered the nval submissions made by the leirrned counsei for the respective parties, this Wnt tretition is C ,jpose J of drrcctlng the petitioner to make a lresh relrese ri.ation to the concerned authority ventilattng hLS grevan':r, withrn a penod of one (Ot) week from the date ol re:eipt oF a copy of this order. Upon receipt of such relrese'rlation, the concerned authority is dtrected to cars de lhc same and pass appropriate orders in a(cordance \ i h lar\.'

6. Havirrg regard to the submissions made by the learned counsel aprearing for the respective parties, and for the reasons alike in the orcer dated 05.02.2025 in W.p.No.rt4300 or 2024. the Writ Petition is disposed of directing the petitioner to m,ake a fresh 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 representaiion being made, the concerned authority is directed to consider the same and pass appropriate orders in accordance with law, within a period o[ four (04) weeks therefrom. There shall be no order as to costs. As a sequel. miscellaneous applications pending, if any, in this Writ Petitron, shall stand closed. //TRUE COPY// SD/. P. GOWRI SHANKAR EPUTY REGISTRAR SECTION OFFICER artment, Secretariat, To SA '1 . The Principal Secretary, to Government, Finance State of Telangana at Hyderab ad-5OOO22.

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

3. The Commissioner of Health and Family Welfare, Koti, Hyderabad. 4. The Director of Public Health and Family Welfare, Koti, Hyderabad. 5. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CCs to GP FOR MEDICAL AND HEALTH, High Court for the State of Telangana at Hyderabad. [OUTI

7. One CC to SMT A.DEEPTHI, Advocate [OPUC] 8. Two CD Copies \q.- C.C.TODAY ; rri-- : il Af a-- 2t 1',lI il6 (' j'. a- .) c (') t 1 HIGH COURT DATED:29t04,t2025 ORDER WP.No.28112 of 2024 DISPOSINCi OF THE W.P WITHOUT COSTS. ,,l'6d W.