High Court · 2025

^Clrry,_ S/o.Krishnama Chary Aged about 54 years, G..Sriniva.sa Pharmacis]-Gr-ll, . (Presently posted at PHC- Khanapur, Waiangai Ri/o.H.No.2-3-52, Hanmanthunigadda lVlahabubabad Disirict-SO8101 " Occ- Dist) AND ...PETITIONER

2. J 4 State of_Telangana, _Represented by Principal Secretary to Government, Finance Department, Secretariat, Hyderabad-S00022. 9tate of Telangana, Represented bySecretary to Health, Medical and Family Welfare,Government of Telangana, Secretaria-t, Hyderabad Commissioner of Health and Family Welfare, Koti,-Hyderabad Director of Public Health and Family Wetfare, Koti, Hyderabad. ...RESPONDENTS 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.7253i E4 -ll.GtZ-lVt2O24, dated 27.O7.2024, issued by the 4th Respondent, which transferred the petitioner to PHC PHC Khanapur, Warangal, District, as illegal, 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 guidelines stipulated in G.O. Ms No. B0 Finance (HRM-l) 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 Cou( passed in W.p. Nos. 20647 of 2024 and batch and also in WP.No.22592 o't 2024 and batch in common orders issued on 07.08.2024 and 29.08.2024 respectively as illegal, unjust, discriminatory and in contravention of G.O. Ms No.80 Finance (HRM-I) Department, dated 03-07-2024 and Articles 14 and 16 of the lndian Constitution, consequently set asi,le the said proceedings and direct the resporrdents to effect the transfer afresh as per the options exercised under clause 7' o1' GO.Ms-No.80 Finance(HRM-l), deoartment, dated 03.O7.2024 during the gr,;neral transfer counseling held on 20.07.2024 in compliance of clause 7 ol GO.Ms.No.8O Finance (HRM-l lepartment, dated 03.07.2024 without reference to G.O.Ms.No.87, trin. (HRM-l) 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 also in Wr.No.22592 ol 2024 and batch in common orlers issued on 07 .08.2024 and 29.0'3.2024 lA NO: 1 OF 2024 Petition urrder Section 151 CPC praying that in the circumstilnces stated in the affidavit filed in support of the writ petition, the High Court nla','be pleased to suspend the ope'ation of Procs. No.Rc.7253lE4'll.GtZ--l\'12024, dated 27.07 .2024, issued :y the 4th Respondent, transferring the Pel tioner to PHC Khanapur, Warangal, District and consequently direct the Rr:spondents to consider afresh options exercised by the petitioners at the tirre of General Counseling in terms ,:f Clause 7 of G.O. Ms No. B0 Finance (HRM l) Department, dated 03-07-2024, a" lhe time of counseling without reference to G.O.Ms.No.87, Fin (HRM-l) Departnrent, dated 31 .O7.2024, and joining of the Petitioner at the place of posting on the analogy of the orders passed in W.P- Nos. 20647 of 2024 and batch and also in WP.No.22592 of 2024 and batch in comnron orders issued on 07 .O8.2024 atd 29 0B .2024 respectively Counsel for the Petitioner: Smt. A. DEEPTHI Counsel forthe Respondent No.1: GP FOR FINANCE Counsel for the Respondent Nos. 2to4: GP FOR MEDICAL HEALTH AND FAMILY WELFARE The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.28314 OF 2024 ORDER This Writ Petition is filed by the petitioner seeking the following relief : "... to issue an appropriate writ order or direction partrcularly in the nature of a writ of mandamus declaring the Proceedings Rc. No.7253/E4-II.G/Z-IV/2024 dated 27-07-2024 issued by the 4th Respondent which transferred the Pettioner to PHC Khanapur Waianqal Distnct 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 guidelines stipulated in G.O-M,.No. 80 Finance (HRM-I) Department dated 03-07-2024 and oot considering the representations dated 1B-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 W.P No.22592 of 2024 and batch in common orders issued on 07-08-2024 and 29-08- 2024 respectively as tllegal, uojust, discriminatory and in contravention of G.O.Ms.No. BO Finance (HRM-I) Department dated 03-07-2024 and Articles 74 and 16 of the Indian Constitution consequently set aside the said proceedings and dtrect the respondents to effect the transfer afresh as per the options exercised under clause 7 of G.O.Ms.No. BO Finance (HRM-I) Department dated 03-07-2024 during the general transfer coinseling hetd on 20-07-2024 n compliance of clause 7 of G.O.Ms.No. B0 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 jointng of the Petitioner an the analogy of the orders 6sued in W.P.Nos.2A647 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 I learned Government Pleader for Medical & Health for respondent Nos.2 io 4

3. Learned counsel for the petitioner submits that the present writ petiticn is squarely covered by the order cf this (lourt dated

05.02.202:; in V/.P.No.24300 of 2O24, and pray:j this C )Lrrt to pass a similar order in the present writ petition also

4. The r;aid submission is not seriously disputed by the learned Govern merrt Plr:ader for respondents.

5. The relevant portion of the order dated Ct5.i)2.2025 in W.P.No.24.100 cf 2024, is extracted hereunder: learned counsel for the respective partres, this Writ l)etitlon s dilipose,l of directing the petitioner to make a fresh relrese.rlatron to the concerned authority ventil.rting h s grevanc€r wi[hin a period of one (01) week from the date of rere pI ol a copy ot th s order. Upon recerpt 01 :L]jh Telrese'rtat on, the concerned authoflty is dir,,'cted to conside| the same and pass appropriate orders in a(cordance wi:h lau . '

6. llavirrg regard to the submissions made by tre learned counsel appearing for the respective parties, and for the reasons alike in ther orcler dated 05.02.2025 in W.P.No.:1430A ol 2024, the Writ Petition is disposed of directing the petitioner to make a fresh 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 .ep.esentaLion 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// SD/- L. VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER To, 1 2 3 4 5 b 7 B . The Principal Secretary to Government, Finance Department' Secretariat' T.S..Hvderabad -500022 - iil? i3J'itliii";;;it[; Medical and Familv welfare,Government of Telanoana. S-ecretariat, Hvderabad . inli'i1h*"ii..-i,rnl, JiH""'tt, and Familv welf-are, Koti' Hvderabad . iil; Di";;6;;f puotic neitin ind Famiiv ){glrare, Koti, Hvderabad' . One CC to Smt. A. DEEPTHI, Advocate tOPUql- - . iti,i. Lc. t" eF ron rrltEoicni-tteAfr1 Ary^q.FAIvllLY wELFARE' Hish CoJrt-for. tf,e State of Telanqana, at Hyderabad [OUT] . il;'icr'i; -C?-rbn rjr.r"nNCE, Hitlh Court ior th-e State of Telangana at Hderabad [OUTJ . Two CD CoPies BM w C}C TODAY HIGH COURT DATED:29,t04t2025 ORDER WP.No.283;14 of 2024 ,1. /i .a ..) - tr I ;141f 23l]A( m o( z \ \" DISPOSING OF THE WRIT PETITION WITHOUT I3OSTS p-*da w-toVW