High Court · 2025

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETI TION NO:29401 0F 2024 Between: A.PrabhakarRao,S/o.Someshwar-Rlo.Agedabout49years' occ.Pharmacist cr-rr,-(iiesJniiv p"ii"o at q1c illanuguru) Rl/o H No'9-1- r-oj#C, Shanthinagar iolony, Bhadrachalam-507 1 1 1 ...PETITIONER AND 1 2 State of Telangana, Represented by PrinclP^q]^ !^ecretary to Government' Finin"" o"pittirent, Secietariat, Hyderabad-500022' State of Telanqana, Represented by Secretary to Health' Medical and Family W"irl*,c"r",irJnt oi'ietang,na, Secretariat, Hyderabad' 3. Commissioner of Health and Family Welfare, Koti' Hyderabad 4. Director of Public Health and Family Welfare, 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 7253/E4 -ll'GlZ-1V12024' daled 2T.OT.2024,issuedbythe4thRespondent,whichtransferredthePetitionerto PHC Manuguru, Bhadradri Kothagudem, District' as illegal' arbitrary' and contrarytotheoptionsexercisedasperClausess(A)(i)andTdUringthegeneral transfercounsellingheldon2otoTt2o24andinviolationofguidelinesstipulated in G.O. Ms No.80 Finance (HRM-|) Department' daled 0310712024 and not considering the representations dated 18 'Og '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 WP No'22592 ot 2024 andbatchincommonordersissuedonoT.oS.2o24and2g.oS.2o24respectively as illegal, unjust, d scriminatory and in contravention of G.o. Ms No. g0 Finance (HRM-l) Depalmert, dated 03-07-2o24 and Articles 14 and '6 of the lndian Constitution, oonsr_.quenfly set aside the said proceedings and direct the respondents to eff3ct the transfer afresh as per the cptions rexercised under clauses 5(A)(it and 7 of GO.Ms.No.g0 Finance(HRM_l), rleDartment, dated 03.07 .2024 du ring the generar transfer counseiling herd or 20 07.2024 in compliance of cla uses s(A)(i) and 7 of GO.Ms.No.B0 Finance (HRM_t), department, dated 't13.07.2024 without reference to G.o.Ms.No.i37, Fin. (HRM-r) Department, d€ted :11 .07.2024 and joining of the petitioner on tht: anarogy of the orders iSsued in w.t) Nos. 20641 ot 2024 and batch and also in ry'y'p.No .22s92 of 2024 and batch in crmmon orders issued on 07.o8.2o24 and 29.08.2024. IANO:1OF2 0:24 Petition unde' Section 151 cpc praying that in the circurnstances stated in the affidavit f red in support of the writ petition, the High court rnay be preased to suspend tle cperation of procs. No.Rc.7253lE4 -r.Gtz-rvr2o24, dated 27.07.2024' issued b,y the 4th Respondent, transferring the petitioner to pHC Manuguru, Bh,drarjri Kothagudem, District and consequertty direct the Respondents to consider afresh options exercised by the petitiorrers at the time of General Counset ing in terms of Clauses s(A)(i) and Z of G O. Ms No. 80 Finance (HRM- ) D,:partment, dated 03-07-2 024, ar the time of counserrrng without reference to ci.o.Ms.No.87, Fin. (HRM-|) Department, dated 31 .o7.2024, and joining of the pertitioner at the prace of posting on the anarogy of the orders passed in W.P. lrlos.20647 of 2024 and batch and also in Wp.lrlo.22592of 2024 and batch in conrmorr orders issued on 07.og.2024 and 29.08.2.024 respectivery. pending disposa of t re above writ petition. Counsel for the lDetitioner: SMT A.DEEpTHI Counsel for the lRespondent No.1: Gp FOR FINANCE Counsel for the llespondent No.2 to 4: Gp FOR MEDICAL & HEAL.TH The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.29401 OF 2024 ORDER: This Writ Petition is filed by the petitioner seeking the following relief: "... to tssue an appropriate writ order or direction particularly in the nature of a writ of mandamus declaring the Proceedinqs No.Rc.7253/E4-lI.G/Z-|V/2024, dated 27-07 2024 issued bY the 4th Respondent which transferred the Petitioner to PHC Manuguru Bhadradri Kothaqudem Distnct as illegal, arbitrary aod contrary to the options exercised as per Clauses 5(A)(i) and 7 during the general transfer counseling held on 20-07-2024 and in violation of guidelines stiputated in G.O.Ms.No.8O Finance (HRM-I) Department, dated 03-07-2024 and not considering the representations dated 1B-O7-2O24 made to the 4th and 2'd 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 illegal, unjust, discriminatory and in contravention of G.O.Ms'No'gq Finance (HRM-I) Department dated 03-07-2024 and Articles 14 and 16 of the Indan Constitution consequentlY set aside the said proceedings and direct the respondents to effect the transFer afresh as per the options exercised under clauses s(A)(t) and 7 of G.O.Mi.No.8O Finance (HRM-I) department dated 03-07-2024 during the general transfer counseling held on 20-07-2024 in compliance of clauses s(A)(i) and 7 of G.O.Ms.No.80 Finance (HRM-I) Department dated 03-07-2024 without reference to ai.O.l\ls.No.87, Finance (HRM-I) 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 w.P No.22592 of 2024 and batch in common orders issued on 07-08-2024 and 29-08-2024 and Pass ..."

2. Hearcl Smt. A.Deepthi, learned counsel for the petiticner, learned Government Pleader for Finance for respondent No'1 and learned Governrrent Pleader for Medical & Health for r':spondent Nos. , ,-o 4 Learned crtlnsel for the petitioner submits that tlre present 3. writ petition IS :;quarely covered by the order of this Ccurt dated 05.02.2025 in V\iP.N1o.24300 of 2024, and prays this Corlrt to pass a similar order in the present writ petition also

4. The said s;ubmission is not seriously disputed by the learned Govern ment Pleader for respondents

5. The relevant portion of the order dated O:t 'Ct2 '2025 in W.P.No.2430O cf 2024, is extracted hereunder: -i lltvrnll consldered the rival submlssions made by lhe lea-ned r:c,unse for the respectlve partles, this Writ Pgtitlon s dis )osed ol directing the petitioner to make a fresh represertatlon to the concerned authority ventilating his grlr-,vance w thln a period of one (01) week from tnt' 631e r:f rere pt ;' : ccp)/ of this order' Upon recelpt of such ref reser tlt ln, the concerned authority is directed :o cor)sider lhe same and pass appropriate orders in accordance wrth law.'

6. H,rving r3qard to the submissions made by tre learned counsel aplearing for the respective partles, and for the reasons alike in th€' orcier dated 05.02.2025 in W'P'No'2-430Cr cf 2024' the writ petition ts (iisposed of directing the petitioner to rr ake a fresh I 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 .epresentation 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 ISTANT REGISTRAR SECTION OFFICER To, epartment, Secretariat'

1. The PrinciPa I Secretary to Government, Finan Hvderabad, State of Telang ana-500O22 2. rhe Secretary to Health, Medical and FamilY Welfare'Government of Telangana, Sec retariat, HYderabad, State of Telangana' 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. Two CCs to GP FOR FINANCE, High Court for the State of Telangana at 7. Two CCs to GP FOR MEDICAL & HEALTH' High Court for the State of Hydera bad [oUTI Telangana it Hyderabad loull B. Two CD CoPies BSR (T HIGH COIJRT DATED:2910412025 CC TODAY ORDER WP.No.29401 of 2024 ;.1r{t .:j14 (_) o- 23 IAY M ,i ), .:/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS p-ce\fe\ 5