Md.Azhar v. State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ah appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the Procs. No.Rc.7252lE4-ll.GlZ-lVl2O24' daled 27lO7l 2024, issued by the 4th Respondent, which transferred the Petitioner to PHC M V Palem, as illegal, arbitrary, and contrary to the options exercised as per Clause 7 during the general transfer counselling held on 2010712024 and in violation of guidelines stipulated in G.O. Ms No. 80 Finance (HRM-l) Department, dated 03/ 07 t2024 and not considering the representations dated 131o912024 and 28l}g.l2O24 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 tOBl2O24 and 29tO812024 respectively as illegal, unjust, discriminatory and in contravention of G.(). Ms No. B0 Finance (HRM-I) Department, dated o3t07 t2024 and Articles 14 and '16 of the lndian constitution, consequently r,;et aside the said proceedings and c i'ect the respondents to effect the transfer i,rfresh as per the options exercised rnder clause 7 of Go-Ms.No.80 Finernce(H Rivl-l), department, dated o3lo7l2o24 Turing the general transfer counsellirg held on 20t0712024 in compliance of clause 7 of GO.Ms.No.80 Finance (HFIM-l), d*partment, dated 0310712024 withou reference to G.O.Ms.No.87, Fin. (HRM-l) Dr:partment, dated 311o712024 and joir,ing of the Petitioner on the analogy of the orders issued in w.P Nos. 20647 of 2024 and batch and also in wp.No .22592 o'2024 and batch in common orders issued on OZ tOBl2024 and 29lOBt2O2zl. lA NO: 1 OF 2024 Petition undt;r' Section 151 cpc praying that in rhe circumstances 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.7252lE:4 -|.G/z-lvt2024, dated 2710712024, issued by the 4th Respondent, transferring the petitioner to pHC M V Palem, and con:;equenuy direct the Respondents to consider afresh options exercised by the pr:titioners at the time of General counselring in terms of clause 7 of G.o. lVrsr No. B0 Finance (HRM-l) Departm€,nt, date.l 03107 t2024, at the time of counselling without reference to G.O.Ms.No.87 Fin (HRM _ l) Department dated 311o712024 and joining of the petitionrlr at the place of posting on the analogy of tre orders passed in w.p.No's.2064? of 2(\24. and batch and also in W.P No 1,.',2592 of 2024 and batch in common orrlers issued on 07 10812024 and 2910812024 respectively. Counsel for the Petitioner: SMT A.DEEPTHI Counsel for the Res;pondent No.1: Gp FOR FINANCE Counsel for the Respondent No.2 to 4: Gp FOR MEDICA.L & HEALTH The Court made the following: ORDER THE HON'BLE SRI JUSTTCE NAMAVARAPU RAJESHI^,AR RAO WRIT PETITTON No.28295 0F 2()24 ORDER This Writ Petition is filed by the petitioner seeking the follbwing relief: "... to issue an appropnate writ order or djrection pafticularly in the nature of a writ of mandamus declarinq the proceedings Rc.Na.7252/E4 ILG/Z-lV/2024 dated 27 07-2024 issued by the 4th Respondent which transferred the petitioner to pHC M.V Palem as illegal, arbttrary 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 stipulated in G.O.Ms.No.Bo Finance (HRM-l) Department dated 03-07-2024 and not considertnq the representations dated 13-09-2024 and 28 09-2024 made to the 4th and 2"d respondents respectively on the analogy of the orders of thts 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-2O24 and 29-OB- 2024 respectively as illegal unjust discriminatory and in contravention of G.O.Ms.No.B0 Finance (HRM-I) Department datcd 03 A7-2024 and Articles 14 and i6 of the Indiarl Constttution, consequently set aside the said proceedtngs and direct the respondents to effect the transfer afresh'as per the options exerased under clause 7 ot G.O.Ms.No.8O Finance (HRM- I) Department dated 03-07-2024 during the general transfer counseling held on 20-07-2024 in compliance of clause 7 of G.O.Ms.N1.SO Ftnance (HRM-1) Department dated 03-07-2024 without reference to G.O.Ms.No.87 Finance (HRM I) Department dated 31-O7-2024 and joning of the Petitioner on the analogy of the orders issued in W.P Nos.20647 of 2024 and batch and also iqw.P No.22592 of 2024 and batch in common orders issued on O7-OB-2024 and 29-08 2024 and pass.. "

2. Hearc.l Smt. A.Deepthi, Iearned counsel for the petitioner, learned Government Pleader for Finance for respondent No.1 and i learned Gover"nment Pleader for Medical & F ealth f(.)r respondent Nos.2 to 4

3. Learned counsel for the petitioner subnlits tha.- the present writ petition i:; squarely covered by the order of thi:, Court dated

05.02.2025 in W.P.No.24300 of 2024, and prays this 3ourt to pass a sirnrlJr,lrder in the present writ petition also

4. The sai,l submission is noL seriously disputed b,/ the learned Government [)leader for respondents.

5. The relervant portion of the order dated 05;.02.2025 in W.P.No.2430() of 2024, is extracted hereunder: "7. Having considered the rival submissions o.ade by th:l learneC counsel for the respectrve parties, thrs \^/r p,-ttirc, r .j disposeC of dtrectinq the petitroner to make a Fres I representation to the concerned authority ventilattng hi.j gfleva.]:e within a period of one (01) week from the date o. receipl of a copy of this order. Upon receipt oF sucl .:Dresi ,t.rt cn, the concenreC authority s at rectEC i consrd: the same and pass appropflate orders n ,lccoTdanc(, with la\^."

6. Having regard to the submissions maCe by the learned counsel appearing for the respective parties, and ir,.r the reasons alike in the orcer dated 05.02.2025 in W.p.No.2430O :>f 2024, the writ Petition isi disposed oF directing the petitiorler to -ake a fresh / t representation to the concerned authority ventilating his grievance within a perlod 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// SD/. L.VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER To, 1 The Principal Secretary to Government, Hyderabad, State of Telangana-500022. Fina Department, Secretariat,

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

3. The Commissioner of Health and Family Welfare, Koti, Hyderabad' 4. The Director of Public Health and Family Welfare, Koti, Hyderabad 5. One CC to SMT A.DEEPTHI, Advocate [OPUC] 6.TwoCCstoGPFoRFINANCE,HighCourtfortheStateofTelanganaat Hyderabad [OUT] T.TwoCCstoGPFoRMED|CAL&HEALTH,HighCourtfortheStateof Telangana at HYderabad [OUT] B. Two CD CoPies BSR HIGH COURT RRNJ DATED:2910412025 CC TODAY ORDER WP.No.28295 of 2024 ./'...')(' ; I,1 I,5 I \ il6 tlAY il6 : ' ':/ 'i. +..)\ ,,_ '.:: ((\ T I. ,/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS { ,11 t, il]