High Court · 2025

Petition under Article 226 of the Constitution of India 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.7253lE4-ll.GlZ-lVl2O24dated 27.07.2024, issued 'by the 4th Respondent, which transferred the petitioner to PHC Bodulabanda, as illegal, arbitrary, and contrary to the options exercised as per Clause 7 during the generat transfer counseling held on 20-07 -2O24 and in violation of guidelines stipulated in G.O. Ms No. 80 Finance (HRM-I) Depa4ment, dated 03-07-2024 and not considering the representations dated 18.O9.2024 and 01 .10.2024 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.O8.2024 respectively as illegal, unjust, discriminatory and in contravention of G.O. Ms No. 80 Finance (HRM-I) Department, daied 03-07 -2024 and Articles 14 and 16 of the Indian constitution, consequently set aside the said proceedings and cirect the respondents to effect the transfer alres;h as per the options exercised under clause 7 of Go.Ms.No.B0 Flnance(HRIV-l) department, dated 03.07.2024 during the general transfer counseling held on 07 '2024 in compliance of clause 7 of GO.lr/s.No.80 Finance (HRM-l), depa'tment, dated 03.07.2024 withotrt re'erence to G.O.Ms.No.87, Fin:(HRM-I) Depa'tment, dated 31 .O7 .2024 and joinin I of the Petitioner on the analogy of the orc ers issued in w.P. Nos. 20647 0f 2()24 and batch and also in wP.No.22592 0f 2024 and batch in common orders issr-red on 07.08.2024 and 29.O8.2024 ""'O lA NO: 1 OF 2024 Petition unrler {lection 151 CPC praying that in the circumslances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of Procs. No. Rc.7253lE4 -ll GIZ'IV;2024' dated 27.07.2024, issuerd bv the 4th Respondent, transferring the Petitionbr to PHC Bodulabanda antJ consequently direct the Respondents to consider afresh options exercised by the petitioners at the time of General counsr-'ling in terms of Clause 7 of G.O. Ms No. 80 Finance (HRM-l) Department, datetj 03-07-2024' at the time of couns;eling without reference to G.O.Ms.No 87, Fin. (HRM-l) Department, daterd 31 07.2024, and joining of the Petitioner at the place of posting on the arralogty of the orders passed in W.P. Nos. 20647 of 2024 and batch and also in WP No.22592 of 2024 and batch in common ordr:rs issued on 07.O8.2024 and 29.08 2024 respectively Counsel for the Petitioner: Smt. A. DEEPTHI Counsel for the Fiespondent No.1: GP FOR FINANCE Counsel for the llespondent Nos.2to4: GP FOR MEDICAL HEALTH AND FAMILYWELFARE The Court made lhe following: ORDER THE HON'BLE SRI JUSTTCE NAMAVARAPU RAJESHWAR RAO WRIT PETITIO N No.2 8365 OF 2024 ORDER This Writ petition is filed by the petitioner seeking the following relief : "... to issue an appropnate writ order or direction particularly in the nature of a writ of mandamus declaring the proceedings Rc. No.7253/E4-|I.G/Z-IV/2O24 dated 27_07_2024 issued by the 4th Respondent, transferring the petittoner to pHC Bodulabanda as illegal arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counselng hetd on 20_OZ_ 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 representations dated 1A_Og_2024 and O7_10_ 2024 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 ancl also in W.p No.22592 of 2024 and batch in common orders issued on O7_OB_2024 and 29_08_ 2024 respectively as illegal uDust discriminatory and in contravention of G.O.Ms.No. BO Finance (HRM_I) Department dated 03-O7-2O24 and Articles 14 and 16 of the Indian Constitution consequen y set aside the said proceedings and direct the respondents to effect the transfer afresh as per the aptions exercsed under clause 7 of G.O.Ms.No. gO Finance (HRM-I) ' Department dated 03_07-2024 during the general transfer counseling held on 2O_07_2024 in compliance of clause 7 of G.O.Ms.No.BO Finance (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 analogy of the crders issued in W.p Nos.20647 of 2024 and batch and also tn W.P No.22592 of 2024 and batch in common orders issued on 07-08-2024 and 29-OB-2024 and pass...,,

2. Heard Smt. A.Deepthi, learned counsel for the petitioner, Government pleader for Finance for respondent learned No.1 and .l learned Gov.:rnnl,:nt Pleader for Medical & Hea|th for r,.:spondent Nos.2 to 4'

3. Learned coLlnsel for the petitioner submits that the present writ petition is r;quarely covered by the order of this C(lurt dated 05.02.2025 in \ /, P.No.24300 of 2024, and prays this Cot.trt to pass a similar order in the present writ petition also' -the said s ubmission is not seriously disputed b-\' t re learned

4. Governmeni: Pleader for respondents'

5. The relevant portion of the order dated O!; 'Ct2'2025 in W.P.No.2430 O c'f 2024, is extracted hereunder: l3ving considered the rival submissions made by tl-re '7. learned 'ounsel for the respective parties' this Writ Petitlon !s the Petitioner to make a Fre:;h disposec of directing concerned authority ventllatlng t'rs rel)reserIation to Ihe grievan(e within a period of one (01) week from th: date oF of this order. UPon receipt of su:h re(:eipt of a coPY concerned authority is directed to re lrese.ltation, the conside'the same and pass appropriate orders in accordance With lav'. "

6. Having regard to the submissions made by' the learned counsel aF,pea'ing for the respective parties' and for ':he reasons alike in th,: orler dated 05'02 2025 in W'P N0'24300 cf 2024' the 7 writ Petition is disposed of directing the petitioner to make 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) 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// To, SD/- L. \.IJAYA LAXMI SSISTAN T REGIST SECTION OFFICER epartment, Secretariat, 22 erabad-5000 Secretary to He Telangana, Secretariat, Hyderabad alth, Medical and Family Welfare,Government of

1. The Pri ncrpal Secretary to Government, Financ Hvd 2. rhe 3. The Commissioner of Health and Family Welfare, Koti, HYd erabad 4. The Director of Public Health and FamilY Welfare, Koti, HYd erabad. b iwo CCs to GP FO R FINANCE, High Court for the State of Telangana at 7. Two CCs to GP FOR MEDICAL HEALTH AND FAMILY WELFARE, High Court for the Sta 8. Two CD CoPies One CC to Smt. A. D EEPTHI, Advocate toPUCl te of Telanga na, at HYderabad [OUTI Hvderabad [OUTI 5 BM w CC TODAY 'iirt sra ,e- z/'i o.: d1 2 :l I'AY M 7 i) ) \.4 l.' \1... ' HIGH COURT DATED:291A41",2025 ORDER WP.No.28365 of 2024 DISPOSTNGi OF THE WRIT PETITION WITHOUT COSTS cog(ob \r- $a