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 ha-y be pleased to issue an appropribte writ, order, or direction, particularly in the natuie of a writ of mandamus, declaringi the Procs. No.Rc.7 2s2lE4-ll.ctz-lv t2o24, dated 27.o7.2024, issued by the 4th Respondent, which transferred the petitioner to 0/o. DM and Ho, Bhadradri Kothagudem, as illegal, arbitrary, and contrary to the options exercised as per clauses 5 (A) (iii) and 7 during the general transfer counselling held on 20- 07 -2024 and in violation of guidelines stipulated in G.o. Ms No. g0 Finance (HRM- l) Department, dated 03-07-2024 and not considering the representations dated 13.09.2024 and 28.09.2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Honorable court passed in w.p. Nos. 206i7 ot 2024 and batch and also in wP.No.22s92 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, dated 03-07- 2024 and Articles 14 and 16 of the lndian constitution, consequen y set aside the said proceedings and direct the respondents to effect the transfer afiesh as per the options exercised under clause 7 of GO.Ms.No.g0 Finance(HRM-l), department, dated 03.07.2024 during the general transfer counselling held on 20.07.2024 in ----------7 compliance of clause 7 of Go.Ms.No.80 Finance (HRM-I), deprarlment' dated 03.07.2024 without refr-'rent"1o C'O'fUt No'87' Fin' (HRM-I) Department' dated 31 .O7 .2024 and joining ot in" pltition"r on the analogy of the ordersi issued. in in batch and also in WP No'2259"1- oI 2Ct24 and batch in W.P. Nos. 2o647 ol zoltq "orron IA NO:'l OF 2024 orders issued on 07.OB'2024 and 29 '08 2024 ^ni Petition under S:ction 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petiiion, the^High Court may hre^Please9 to ;r.p";d-th" operertion of procs. No.Rc.7252tE4-ll.Gtz-lvt2o24, daletl 27.07.2024' issued by the 4th Rer;pondlnt, transferring the Petitioner to Otu D tr4 and HO' BhadradriKothagudenrandconsequentlydirecttheRespondentsl,oconsidera tr""fr opti"n. ex6rcise,l by the petiiioners at the. time of General Oounselling in ilir, .if Crur.e 7 of C) Ol Us uo. B0 Finance (HRM-|) Department, d-?ted..9197- 2024, althe time of cuunselling without reference-to G'O Ms No BT' Fin (HRM-l) o"p,,t,""r datecl 31 .o7.2024,-and loining of the Pe^titioner at the place of posting on in" un"fogy of the orders pu.."i in W p tttos 20647 ol 2024 and batch and aiso in wp t t"o .22!j92 <.tf 2024 and batch in common orders issuerl on 07.08.2024 and 29.O8.2024 resPecti velY Counsel for the Petitioner: Smt. A DEEPTHI Counsel for the R:espondent No.1: GP FOR FINANCE Counsel for the Flespondent Nos.2 to 4: GP FOR MEDICAL AND HEALTH The Court made lhe following: ORDER -t THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT P TI I NN 2 5 F2 24 ORDER This Writ petition is filed by the petitioner seeking the following relief : "... to issue an appropriate writ order or direction particularly tn the nature of a writ of mandamus declaring the proceedings Rc. No.7252/E4-II.G/Z-IV/2024 dated 27_07_2024 issued by the 4rh Respondent, transferring the petitioner to O/o. DM & HO, Bhadradri Kothaqudem District as ittegal, arbitrary and contrary to the options exercised as per Clauses 5 (A) (iii) and 7 dunng the general transfer counseling held on 20_07_2024 and in violatioo of guidelines stipulated in G.O.Ms.No. BO Finance (HRM_ I) Department, dated O3-O7_2024 and not considering the representations dated 13_O9_2024 and 28_09_2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Honorable Court passed in W.p Nos.20647 of 2024 and batch and atso in W.p No.22592 of 2024 and batch in commctn orders issued on 07-Og-2024 and 29_OA_2024 respectively as tllegal, un|ust, discriminatory and n contravention of G_O.M|.No. BO Finance (HRM-I) Department, dated 03-O7_2024 and Artictes 14 and 16 of the Indian Constitution consequen y set aside the said proceedings and direct the responddnts to effect the transfer afresh as per the options exercsed unde. clause 7 ot G.O.Ms.No.Bo Finance (HRM_I) Department, dated 03_07_2024 during the general transfer counseling held on 20_07_2024 in compliance of cl)use 7 of c.O.Ms.No. B0 Finance (HRM_I) Department, dated 03-07-2024 without reference to G.O.Ms.No. 87 Finance (HRM-I) Department dated 31-07_2024 and loining of the Petitioner on the analogy of the orders issued in W.p Nos. 20547 of 2024 and batch and also in W.p Na.225g2 of 2024 and batch in common orders issued on O7_Og_2024 aod 29_Og_2024 and pass ... "

2. Heard Smt. A.Deepthi, learned counsel for the petitioner, Government pleader for Finance for respondent learned No.1 and II learned Go,/ernn]ent Pleader for Medical & Health for -espondent Nos.2 to 4.

3. Learnr:d cc,unsel for the petitioner submits; that. the present writ petition is squarely covered by the order of this Court dated

05.02.2025 in V/.P.No.24300 of 2024, and prays this CoJrt to pass a similar orcler in the present writ petition also.

4. The said s Lrbmission is not seriously disputed by, the learned Government Pleitder for respondents.

5. The relevant portion of the order dated 05,0:Z.2025 in W. P. l\o. 2430 0 o' 2024, is extracted hereunder: "7. Having considered the rival submissions made by th€ learned counsel for the respective parties, this Writ petition is displsed )f dtrectrng the petittoner to make a fresh repr:sent,ll on to the concerned authority ventilatrng ltrs grievance lvrthin a period of one (01) week from the date of recept o' a copy of this order. Upon receipt of such repr,rsent. rt o'r, the concerned authority is direcr ed to cons der tr: same and pass appropflate orders in acccrdance w t -r law. "

6. Having reg;:rd to the submissions made by thr: learned counsel appearinct for the respective parties, and for th,3 r€dsons alike in the r>rde-dated 05.O2.2025 in W.p.No.243O0 oi 2024, the Writ Petition is d sposed oF directing the petitioner to mal.re 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 representation being made, the concerned a uthority 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 A SISTANT REGISTRAR SECTION OFFICER artment, Secretariat,

1. The Principal Secretary to Govemment, Finan Hyderabad-500022 The Secretary to H ealth, Medical and Family Welfare, Govemment of Telangana, Secretariat, Hyderabad. Commissioner of Health and Family Welfare, Koti, Hyderabad. Director of Public Health and Family Welfare, Koti, Hyderabad. One CC to Smt. A DEEPTHI Advocate [OPUC] Two CCs to GP FOR FINANCE ,High Court for the State of Telangana. IOUI Two OCs to GP for MEDICAL AND HEALTH, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies To, 2 J 4 5 6 7 B KKS (- HIGH COURT DATED:29111412025 ORDER WP.No.28305 of 2024 CC TODAY .-'- ''i tl E irA r6: ,-.:i1 23 uN tr6 \ )L '-: DISPOSING THE WRIT PETITION WITHOUT COSTS p- noP(4 \k- ^4i:w