G.Rama Rao 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 appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the Procs. No.Rc.7253lE4-ll.GlZ-lVl2O24, daled 27.07.2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Danthalapalli, Mahbubabad,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. B0 Finance (HRM-I) Department, dated 03-07-2O24 and not considering the representations dated 18.09.2024 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 o\'r 07.08.2024 and 29.08.2024 respectively as illegal, unjust, discriminatory and in contravention of G.O. Ms No. 80 Finance (HRM-|) Department, dated 03-07-2024 and Articles 1 4 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.80 Finance(HRM-l), department, dated 03.O7.2024 during the general transfer counselling held on 20.O7.2024 in compliance of clause 7 of GO.Ms.No.80 Finance (HRM- l), department, dated 03.O7.2024 without reference to G.O.Ms.No.B7, Fin. (HRM-I) Department, dated 31 .07.2024 aid joining of the Petitioner on the anerlogy of the orders issued in W.P. N,rs. 2Ct647 ol 2024 and batch and also ir WI) No.22592 of 2024 and batch in common or,lers issued on 07 .O8.2024 and',l9.Ot\.2024 lA NO: 1 OF 202'4 Petition under Section 151 CPC praying that in the r;ircumstilnces stated in the affidavit filed in s:pport of the writ petition, the High Court rnay be pleased to suspend the operation of Procs. No.Rc.7253lE4- ll.GlZ:-l\i12024, dated 27.07.2024, issued by the 4th Respondent, transferring the F'etitioner to PHC Danthalapalli, Mahbubabad, District and consequently direct the Flespondents to consider afresh optilns exercised by the petitioners at the tin.re of General Counselling in terms rf Clause 7 of G.O. Ms No. 80 Finance (HR.N/ l) Department. dated 03-07-2024, at t.he time of counselling without reference to G.O.[r1s.No.87, Fin. (HRM-l) Det)artnrent, dated 31 .O7.2024, and joining of the P,:>titioner at the pface of posting cn tfre analogy of the orders passed in W P. Nos. 2O647 oI 2024 and batch and also in WP.No.22592 of 2024 and batch in commor orders issued on 07 .08.2024 and 29.08.2024 respectively Counsel for the oetitioner: Smt. A DEEPTHI Counsel for the lRespondent No.1: GP FOR FINANCE Counsel for the llesprondent Nos.2 to 4: GP FOR MEDICAL AND HEALTH The Court made the fbllowing: ORDER : i THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRITP TITIO N o. 828 70F 2024 ORDER This Writ petition is filed by the petitioner seekins the follbwing relief: "" to issue an appropriate writ order or direction particurarry in the nature of a writ of mandamus declartng the proceedings Rc. No.7253/E4-ILG/Z-IV/2024, dated 27_07_2024 issued by the 4th Respondent which transferred the petitioner to pHC Danthalapalti, Mahbubabad District as i egal, arbitrary aod contrary to the options exercised as per Clause 7 during the generar transfer counsering hetd on 20-07-2024 and in vioration of guidelines stipulated in c.O.Ms.No.B0 Finance (HRM_I) Department, dated 03_07_2024 and not considering the representations dated 1B_Oq-2O24 aod 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 W.p No.225g2 of 2024 and batch in common orders tssued on 07-08-2024 and 29_08-2024 respectivety as iuegat, unjust, discriminatory aod in contravention of G.O.Ms.No.BO Finance (HRM-I) Department, dated 03-07_2024 and Artictes 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 options exercised under clause 7 of G.O.Ms.No. 80 Finance @RM-I) Department, dated 03_07_2024 during the general transfer counseling held on 2O_O7-2024 in comptiance of clause 7 of c.O.Ms.No.gO Finance (HRM_I) Depaftment, dated 03-07-2024 without reference to c.O.Ms.No.B7 Finance (HRM_I) Department, dated 31-07-2024 and joinng of the petittoner on the analogy of the orders issued n W.p Nos.20647 of 2024 and batch and also in W.p No.22Sg2 of 2024 and batch in common orders issued on O7-O,-2O24 and 29_08_2024 and pass...,,

2. Heard Smt. A.Deepthi, learned counsel for the petitioner, learned Government pleader for Finance for respondent No.1 and 2 learnecl Gcl,ernment pleader for Medical & Health for respondent Nos. 2 to 4

3. L,:arned counsel for the petitioner submits that the present writ petition is squarely covered by the order or this court dated 05.02 .2C25 n W.p.No.243OO of 2024, and prays thi:,; Court to pass a similar order in the present writ petition also.

4. Tlre said submission is not seriously disputed Dy the learned Governrlent pleader for respondents.

5. The rslevant portion of the order dated 05.02.2025 in W.P.No.:243()0 of 2024, is extracted hereunder: "7. Havrng considered the rival submissions rnade b\. t.te learred counsel for the respective parties, thts Wr it petit on is dtsp(sed of directing the petitioner to malte a f.er,h to the concerned authority ventilatjnc h s repr€sentatton gnevrrce within a peflod of one (01) week from the dale rf r,-ceit)t of a copy of this order. Upon receiDt of sLrr'1 repreicntation, the concerned authority is (jirectec t l :onsrdcr the same and pass appropriate orders in accordi:nc,: /r'ith lt\^/. "

6. Ha,/ing regard to the submissions made by, the learned counsel appearing for the respective parties, ,lnd For the reasons alike in U-e orcler dated 05.02.2025 in W.p.No.243OO,tf 2024, the writ Petiticn ir; disposed of directing the petitioner to rnake a fresh .-.--.ti- I I 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 representation being made, the concerned authority is directed to consider the same ancl Dass 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 COPY// SD/- L. VIJAYA LAXMI SISTANT REGISTRAR SECTION'OFFICER 1 The Principal Secretary to Government, Finance Hyderabad-500022. partment, Secretariat,

2. The Secretary to Health, Medical and Family Welfare,Govemment of I elangana, Secretariat, Hyderabad.

3. Commissioner of Health and Family Welfare, Koti, Hyderabad. 4. Director of Public Health and Family Welfare, Koti, Hyderabad. 5. One CC to Smt. A DEEPTHT Advocate tOpUCl 6. Two CCs to GP FOR MEDICAL AND HEALTH, High Court for the State of Telangana. [OUT]

7. Two CCs to GP for FINANCE, High Court for the State of Telangana at Hyderabad. [OUfl Two CD Copies (v 8 KKS CC TODAY HIGH COURT DATED:29,t04,t2025 ORDER WP.No.28?-87 of 2024 i,rr f ,J, 2 3 |lrAl m6 _--i, :' ----- I T' i ,:. / i ) ,,1, ' \ DISPOSING THE WRIT PETITION WITHOUT COSTS )-r"P?J) \r_ aP\''