High Court · 2025

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 )l.GtZ-ly t2o24, dated 2710712024, issued by the 4th Respondent, which transferred the petitioner to PHC Dendukuru, as illegal, arbitrary, and contrary to the options exercised as per clause 7 during the general transfer counselling held on 2o-o7 -2024 and in violation of guidelines stipulated in G.o. Ms No. B0 Finance (HRM-l) Department, dated 0310712024 and not considering the representations dated 18to9t2024 and 0111012024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Hon'ble court passed in in w.p. Nos. 20647 of 2024 and batch and also in wf).No 2'.2592 of 2024 and batch in common orders issued on 07.08.2024 and 29tc8t2o24 respectively as illegal, unjust, d isc;rin'rinatory and in contraventionofG.o'tvlsNo.B0Finance(HRM.I)Department,'la,.ed03-07-2024 and Articles 14 itnd' 6 of the lndian constitution, consequently se1. aside the said proceedings ancl diroct the respondents to effect the transfer afresh as per the options exercised urder ciause 7 of Go.Ms.No.80 Finance(HRM-l), department, dated .03to7t2024 dr- ring the general transfer counselling held or 20.07.2024 in compliance of t;lause 7 of Go.tVls.No.B0 Finance (HRt\4-l), department, dated o3to7t2o24 withcut reference to G.O.tvls.No.87, Fin. (HRIV-I) Department, dated 3110712024 and joinlng of the Petitioner on the analogy of ther orders issued in w.P. Nos. 20647 0f 2024 and batch and also in wP.No .22592 t>f :11024 and batch in common orders isr;ued on 0710812024 and 2910812024' |.A.NO:1 OF 202.4 Petition Under Section 151 CPC praying that in the circumslances stated in the affldavit filed in support of the petition, the High court may be pleased to suspend the operation of Procs. No.Rc.7253lE4 -ll 'Glzl-l\"t12024, dated 27.07.2024, issJed by the 4th Respondent, transferring the lf,elitioner to PHC Dendukuru and cont;equently direct the Respondents to consider afresh options exercised by the: pet tioners at the time of General counselling in l.erms of clause 7 of G.o. Ms No' B0 Finance (HRM.l) Department, dated 03.07.2()24, at the time of counselling without reference to G.O.Ms.No.B7, Fir. (HR'M-l) Department, joining of the Petitioner at the place of posting on the dated 31 .O7.20?-4, €rnd analogy ,of the orde.s passed in w.P. Nos. 20647 of 2024 and batch and also in WP.No.22592 ct 2024 and batch in common orders issued on t:'17 'O8 '2024 and 29.08.2024 resF,ectivelY. Counsel for the Petitioner : SMT A.DEEPTHI Counset forthe Respondent No.1 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 to 4 : G.P FOR MEDICAL AND HEALTH The Court madr: the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.2 227 0F o24 ORDER This Writ Petition is filed by the petitioner seekino the following relief : "... to issue an appropriate writ order or direction pafticularty in the nature of a wnt of mandamus declaring the proceedings Rc. No.7253,/E4- .G/Z-IV/2O24 dated 27-07_2024 issued by the l R--spondent whtch transferred the pettrcner to pHC Dendukuru as tllegal, 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 guidelnes stjpulated in G.O.Ms.No.Bo Finance (HRM-I) Department dated 03_07_2024 and not considering the representations dated 1B_Og_2024 and O1-10 2024 made to the 4th and 2nd respondents respectively on the analogy af the orders of this Hon,bte Court passed tn W.P.Nos.20647 of 2024 and batch and atso in W.p No.22Sg2 of 2024 and batch in common orders issued on O7_OB_2024 and 29-OB 2024 respectively as i egal unjust discriminatory and in contravention of G.O.Ms.No.BO Finance (HRM_I) Department dated 03 07-2024 and Artictes 14 and 16 of the Indian Cotlstttutton consequentlt/ 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.M;.NT.BO Finance (HRM_ I) Department dated O3-07-2024 during the general transfer counsehng held on 20-07-2024 in compliance of clause 7 of G.O.Ms.No.BO Finance (HRM-I) Department dated 03_07-2024 i,tilhout reference ta G.O.Ms.No.B7 Finance (HRM I) Depa.tment dated 31-07-2024 and Jotning of the petttioner on the analogy of the orders issued 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 07-08-2024 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 learned Go',rernment Pleader for Medical & Health fc'r -espondent Nos.2 to 4 submits that 1.he Present Learned r:ounsel for the petitioner 3. order of thi:s (.-ourt dated writ petition is ;quarely covered by the 05.02.202.; i6 1//.P Ne.24300 of 2024, and pray:; this Court to pass a similar ot der iir the present writ petition also'

4. The said :;ubmission is not seriously disputed by the learned Governme rt Pleader for respondents

5. The rel(l'/ant portion of the order dated 05'02'2025 in W.P.No.2430O t>f 2024, is extracted hereunder: 4a,rlnq considered the rlval submLsslons mldc by th( '7. l,:arnel ccunse tor the respeciLve partLes' thls Wrlt Pettlon L:' the Petltloner to make a fresl ciisposel of drrecting concerned authorrty ventilating hi!; repres entation to the (lrievance within a period of one (01) week from lhe date cl oF thts order UPon recelf't of suc I eceiL:t .li a coPY concerned authorlty ls ( irected t') -epre';(intatlon, the :onst(ler the same and pass appropriate orders in accordanc3 with la,r. '

6. Ha\/ing regard to the submissions m'ade by the learned counsel i:ppe';rring for the respective parties' and fo:- the reasons alike in the order dated 05'02'2025 in W'P'No 2430C of 2024' the Writ Petition is disposed of directing the petitioner to make a fresh I 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 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. //TRUE COPY// SD/- P. GOWRISBAI\KAR olFurvneclsrRAR ./ SECTION OFFICER To epartm ent, Secretariat, t

1. The PrinciPal Secreta ry to Government, Finan State of Telangana at Hvderabad-500022' 2. The Secretary to HeaIth, Medical and FamilY Welfare, Govemment of Telang ana, Secretaria State of Telangana at Hyd erabad. 3. The Commissioner of Health and FamilY Welfa re, Koti , Hyd erabad 4. The Dire ctor of Public Health and FamilY Welfare, Koti, HYd erabad 5. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of AND HEALTH' High Court for the State of 6. Two CC 7. One CC to SMT A DEEPTHI, Advocate [OPUC] 8. Two CD CoPies \cY erabad touTl stOGPFOR MEDICAL Telang ana at HYd erabad. [OUT] Telang ana at HYd SA C.C. TODAY 1 F S 14 fr- 23 iltN zffi \ i I /i / :,' -' HIGH COURT DATED:2910412025 ORDER WP.No.282,27 of 2024 DISPOSING ICF THE W.P WITHOUT COSTS. P c"P('l> Pruvt