High Court · 2025

Petition undqr Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order, or direction, particularry in the nature of a writ of mandamus, decraring the procs. Rc. No. r253tE4-11.Gr24vr2024, dared 27 '07 '20?4, issued by the 4th Respondent, which transferred the petitioner to PHC Julurupadu, Bhadradri Kothagudem District, as illegal, arbitrary, and contrary to the options exercised as per crausess (A) (i) and 7 during the generar transfer counse,ing herd on 20-07 -2024 and in vioration of guiderines stipurated in G.o. Ms No.80 Finance (HRM-|) Department, dated 03_07-2024 and not considering the representations dated 1g.og.2024 and 01 .10.2024 made to the 4th and 2nd respondents respectivery on the anarogy- of the orders of this Hon ble Court passed rr in W.P. Nos. 20647 of 2024 and bietch and also in WP.No.22592 of 2024 and batch in common orders issr:ed on l'.17.O8.2024 and 29.O8.2O24 respectively as illegal, unjust, discriminatory and in c;ontravention of G.O.lMs.No.80 f:inar ce (HRM-1 ) Department, dated 03-07-2024 and Articles 14 and '16 of the lrdian Constitution, consequently set aside the szrid proceedings and direct the respondents to effect the transfer afresh as per the options exercised under clauses 5 (A) (i) and 7 of GO.Ms.No.80 Finance(HRM-l), department, dated ()l].07.2024 during the general transfer counselling held on 20.O7.2024 in compliance of clause 7 of GO.Ms.No.80 [:inance (HRM-l), department, dated 03.07.2024 without reference to G.O.Ms.No.8,z, Fin. (HRM-l) Department, dated 31.07.2024 and joining of the Petitioner on the analogy of the orders issued in in \AI.P. Nos. 20647 of 2024 and batch and also ir WP.No.22592 of 2O24 and batr;h in common orders issued on O7.08.2024 and 29 08.2O24. |.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circuntstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Procs. No. Rc.7253lE4 -11 .GlZ:..-l\/ 12024, dated 27 .O7 .2024, issued by the 4th Respondent, transferring the Petitioner to pHC Julurupadu, Bhadradri Kothagudem, District and consequently direct the Respondents to :onsider afresh options exercised by the F,etitioners at the time of General Counselling n terms of Clauses 5 (A) (i) and 7 of G.rf. Ms No. B0 Finance (HRM-l) Derpartment, dated 03-07-2024, at the time cf counselling without referenct> to ,3.O.Ms.No.87, Fin. (HRM-|) Department, dated 31 .07.2024, and joining of the Petitioner at the place of posting on the analrlg,y of the orders passed in w.P. I'tos. 20647 of 2024 and batch and also in wP.l'Jo .22592 of 2o24 and batch in conmon orders issued on07.08.2024 and 29.08.2024 respectively. Counsel for the lPetitioner : SMT A.DEEPTHI Counsel for the lRespondent No.1 : GP FOR FINANCE AND pLANNING Counsel for the llespondent Nos.2 to 4 : G.p FOR MEDICAL AND HEALTH The Court made the lollowing ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO I P T No 2 4 o 4 ORDER This Writ petition following relief : is fited by the petitioner seeking the "... to issue an appropriate order or djrection particularry n the nature of a writ o, ,*''' RcNo72s3/E4-.r.iir7!.iir'::;:::r:"::;:;ii:: 4th Respondent which tr the Pe tioner to PHC lulurupadu, Bhadradri ro;nt"""o Distnct as illegat arbitrary aod contrary to th" optionrugudem exerc'ed as per clauses 5 G) (i) and 7 during the general ti r counseling held on 2oo72o24 and in vioration or guiaetinels ;(stipulated in G o Ms No.80 Ftnance (HRM-I) Department dated and not considerinq the tepresentations dut"A 1g-Og)3-O7-2O24 ,"rror,r=rr.i;lu;;::::;::::"'"'r:::;:r:::7;:; of this Hon,ble Court passed i, w P Nos 20647 of 2024 and batch and arso in w.p No.225g2 ofn and batch in common orders issued on 07 0B 2024 .'o'n 29 08 2024 respectively as itlegal "ro unlust discriminatory and contravention of G o.Ms.No So Finance (HRM-I) Department and Artictes 14 and i6 or the rndian constitut::-::o^^o: :' to"uouently set aside the said proceedings and direct rn" l,on to effect the transfer atresh as per the options of G.AMs.No.eOr,rrrr"rrO,j-lrt,O;:t;;::r::::r'?r,:r:::r: during the general transfer ct comptiance of crause , ,r'unt""nn Department dated or-or-.n'o " G. o. M s. N o. B 7 ri n a n ce @ a u - r21t :: r. :;' :: :', and joining of the petitioner on in w.p Nos.20647 of 2024 andthe of 2024 and batch in common cbatch 2g-o|-2o24 and pass ...,, ;:t:: : ;; r r" analogy of the orders issued and also in w.p No.225g2 trders issued on 07-08-2024 and hetd on 20-07-2024 n *o'Bo Fioance (HRM-I) "r"rlt'ono"n" '-o "

2. Heard Smt. A. Deepthi, learned counsel for the petitioner, learned Government pleader for Finance for respondent No.1 and 1 learned Govt:rnnlent Pleader for Medical & Health for rt:spondent Nos.2 to 4

3. Learned c()unsel for the petitioner sutjmits that the present is s;quarely covered by the order of this Court dated wrlt Petition in \\'.P.No.24300 of 2024, and prays this C'otrrt to pass

05.02.2025 a simrlar order irr the present writ petition also'

4. The said s ubmission is not seriously disputed by' tne learned Government, Ple ader for respondents'

5. The reler,'ant portion of the order dated OIi'C2'2025 In W.P.No.2430 O ctf 2024, is extracted hereunder: -lav ng consrdered the rival submissions made by tl-e '7. l.:r re:l ,,'!rr5! fci the rcspective parties' this Writ Petitlol-l j drspose(r of drrecting the petitroner to make a fres;h rel)reserltatlon to the concerned authority ventilating his grevan, ( wrthin a perlod of one (Ol) week from the date of oF thls order. UPon recerPt of such re relpt of a coPY concerned authorlty is directeo Lo rLlPre:,C r -aL On, the ccnsider the same and pass appropriate orders in accordance w th Ia!r' "

6. Havirg -r:gard to the submissions macle b)' l-he learned counsel appearing for the respective parties' and for the reasons alike in the order dated 05'02'2025 in W'P'No'24300 t>f 2024' the Writ Petitirn i1; disposed of directing the petitioner to rnake a fresh I 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 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/- S,gSSAEETTffiE SECTION OFFICER To partment' Secretariat' Telang Secretary, H ana, Secre

1. The PrinciPal Secretary to Government Finance State of Telanga na at HYd eiabad-5000 22 ical and Famt ealth, Med te of Telang ana at HYderabad 2. The tariat, Sta ly Welfare' Government of 3. The Commissione r of Health and Famil yWelfare, Koti, HYd erabad and Familvw elfare, Koti , Hyd erabad. EANDP LAN NING, High Court for the State of 4. The Directo 5. Two CCs to AND HEALTH, High Court for the State of rofPu GP FO ouTl Telangana at HYde ICAL GP FO Telang ana at HYderabad. IouTl R FINANC rabad. I R MED 6. Two CCs to 7. One CC to SMT A DEEPTHI, Advocate [OFUCI 8. Two CD Co ies blic Health p SA w C.C. TODAY 4t:'; tt tltt ?(t5 Ct ,l (t o t.) HIGH COURT DATED:2910412025 ORDER WP.No.29849 of 2024 DISPOSING OF THE W.P WITHOUT C:OSTS. v..'@ **