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, particularry in the nature of a writ of mandamus, declaring the proceedings No. Rc.977l E4-Btz-vlt2o24, dated 27-07-2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Peddemur, Vikarabad District, as iilegar, arbitrary, and contrary to the options exercised as per clause 7 during the generat transfer counselling held on 20-07 -2024 and in violation of clauses s(AXi) of G.o. Ms No. B0 Finance (HRM-l) Department, dated 03-07-2024, rcad with G.o. Ms No. 7 Finance (HRM- lll) Department, dated 24-01-2011. The petitioner further prays that this Hon,ble court may set aside the said proceedings and direct the Respondents to effect the transfer as per the options exercised during the transfer counselling held on 20'07-2024, in strict compriance with crause s(A)(iv) and crause 7 of G.o. Ms 7 No. 80 Finance (HRM-l) Department' dated 03- 07-2024, read with G O' Ms No' 7 Finance (HRM lll) Department, dated 24-01-2011, withoul reference to G.O.Ms.No.87, Fir. (HRIV-I) Department, dated 31 .O7.2024 and j<;ining of the Petitioner. IA NO: 1 OF 2024 Petition under Saction 151 CPC praying that in the r:ircumst;lnces stated in the affidavit filed in r;upport of the petition, the High Court may b'e pleased to suspend the operatior of proceedings No. Rc. No. Rc 977l E4-BlZ-Vll2O24' daled 27-O7-2024, isstred by the 4th Respondent, transferring the Petitioner to PHC Peddemul, Vlkarabad District and the Respondents be directe(l to consider afresh the options exercised by the Petitioner in terms of Clause s(AXiv) and Clause 7 of G.O. Ms \o. 80 Finance (HRM-I) Department, dated O3-O7 -2024' read with G.O. Ms No. 7 Finance (HRM-lll) Department, daled 24-01-2Q'1 1' at the time of counselling witl'out reference to G.O.Ms.No.87, Fin. (HRIV-l) Department, dated 31 .07 .2024, and ioining of the Petitioner at the place of posting ' Counsel for the Pertitioner: SMT A.DEEPTHI Counsel forthe Respondent No.1: GP FOR FINANCE Counsel for the Respondent No.2 to 4: GP FOR MEDICAL & HEALTH The Court made ttre following: ORDER i .l )'/ THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT P ETITIO N No.292L30F2o24 ORDER: This Writ Petition is filed by the petitioner seeking the following relief : the nature of a wnt of mandamus declaring the proceedings Rc. No.977/E4-B/Z_VI/2024 dated 27-07_2024 issued by the 4th Respondent, transfernng the petitioner to pHC peddemul, Vikarabad District as iltegal, arbitrary and contrary to the options exercised as per Clause 7 dunng the general transter counseling hetd on 20_07_2024 and in violation of Ctauses 5(A) (i) of G.O.Ms.No.Bo Finance (HRM-I) Department, dated 03.07.2024 read wtth G.O.Ms.No.7 Finance (HRM_III) Department, dated 24- 01-2011' The petitioner further prays that this Hon,bre court may set aside the said proceedings and direct the Respondents to effect the transfer as per the options exerosed during the transfer counseling held on 20_07_2024 in strict comptiance with Ctause 5(A) (iv) and Clause 7 of G.O.Ms.No.BO Finance (HRM_I ) Department, dated 03_O7-2024 read with G.O.Ms.No.7 Finance (HRM-I) Department, dated 24-01-2011 without reterence to G.O.Ms.No.B7 Finance (HRM_I) Department, dated 31_07_2024 and joining of the petjtioner and pass ....,

2. Heard Smt. A.Deepthi, learned counsel for the petitioner, learned Government pleader for Finance for respondent No.1 and Iearned Government pleader for Medical & Health for respondent Nos.2 to 4. 3. Learned counsel for the petitioner submits that the present writ petition is squarely covered by the order of this Court dated 05.02.2025 in W.p.No.24300 of 2024, and prays this Court to pass a similar order in the present writ petition also. _I

4. The said srlbmission is not seriously disputed by tt'e learned Government Plea der for respondents'

5. The r,:levilnt portion of the order"dated 05 0"1'2025 in W..P.No.2430 O o1' 2024, is extracted hereunder: '7. Faving considered the rival submissions made by th€' learnedclunselfortherespectlveparties'thisWritPetitioni:; distosed of directinq the petitioner to make a fresh represenlation to the concerned authority ventilatinq hi!; gri€vanc(' withrn a period of one (01) week from the date of rec(:ipt r)f a copy of this order' Upon recelpt ')f such representatron, the concerned authority is direrlted t3 consider tle same and pass appropriate orders in ac(ordance wit 'l law. "

6. Having rr:gard to the submissions madr: by tlre learned counsel apt)ear ng for the respective parties' and for tire reasons alike in the order dated 05'02 2025 in W'P'No'24300 o1'2024' the Writ Petition is clisposed of directing the petitioner to make a fresh representation to the concerned authority ventilating hir:; grievance within a period of one (01) week from the date of receipt of a copy of thls ordr:r. Llpon receipt of such representatic)n beinc made' the concerned aut'lority is directed to consider the samt'r and pass appropriatt: orders in accordance with law, within a period of four (04) weeks; therefrom. There shall be no order as to costs' I I I As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed /ffRUE COPY// SD/- P. GOWRI SIIANKAR EPUTY REGISTRAR SECTION OFFICER Department, Secretariat, To, 1 The Principal Secretary to Government' Finan Hyderabad, State of Telangana'

2. The Secretary to Health, Medical and F€mily Welfare' Government of ' i&r;;;;;'Sticreiarlai, Hvberabad' State of relansana' 3.TheCommissionerofHealthandFamilyWelfare'Koti'Hyderabad'

4.TheDirectorofPublicHealthandFamilyWelfare,Koti,Hyderabad' 5. One CC to SMT A.DEEPTHI, Advocate [OPUC] 6. Two CCs to GP FOR FINANCE, High Court for the State of Telangana at Hyderabad [OUT] TTWoCCstoGPFoRMEDICAL&HEALTH,HighcourtfortheStateof ' ' Telangana at HYderabad [OUT]

8. Two CD CoPies BSR VI' HIGH COURT DATED:2910412025 ORDER WP.No.29213 of 2024 cc TODAY a--: 2,..:. /,.?- T,q r6 (: \ N t1 2!6 1I \i \a_ ..i t '.../ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS A $V( Aev