P. Pandu v. The Director of Public Health and Family Welfare

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 a writ, order or direction, more particularly one in the nature of a writ of tVlandamus under Arlicle 226 of the Constitution of lndia declaring the proceedings Ro.No.7253lE4-11.GlZ-VllzO24 dated 27.O7.2024 issued by the 1st Respondent, as arbitrary, illegal, discriminatory, malafide' u nconstitutional and violating Articlesl4, 16 and 21 of the Constitution of lndia apart from contrary to G.O.Ms. No.80 Finance (HRlvl-l) Department dated 03.07.2024 apart from violating principles of natural justice and set aside the same and issue consequential directions directing the Respondents to forthwith transfer the petitioner as per the option given by the petitioner, i.e. Government General Hospital, Vikarabad, which was duly accepted by the Committee headed by the 2nd respondent OR alternatively direct the respondents to conduct fresh counseling in terms of G.O.Ms. No.80 Finance (HRM-l) Department dated 03.07.2024 and further direct the respondents to allow the petitioner to continue at the place, where he was working prior to the issuance of the impugned order, till completing the aforesaid exercise. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings Ro.No.7253 /E4-ll.GlZ-V112O24 daled 27 .07 .2024 issued by the 1st Respondent and all other consequential proceedings, pending disposal of the writ petition. Counsel for the Petitioner : SRI P.V.KRISHNAIAH Counsel forthe Respondents: GP FOR SERVICES I W.P.No.29946 OF 2024 Between: L. Sanjeevaiah, S/o.Narsimha Aged 57 years, Deputy Paramedical Officer, Primary Health Centre, Gopalpet, Wanaparthy District. ...PETITIONER AND 1 The Director of Public Health and Family Welfare, State of Telangana, Sultan Bazar, Koti, Hyderabad, Telangana 2 J 4 The Commissioner of Health and Family Welfare, 3rd Floor DME Building, DMandHS Campus Opp Koti Women's College Road Kutbi Guda, Sultan Bazar, Koti Hyderabad, Telangana 500 095 The District Medical and Health Officer, Nalgonda, Nalgonda District. The State of Telangana, Rep. by its Principal Secretary to Government Health, I\/edical and Family Welfare Department Secretariat Building, 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 a writ order or direction,more particularly one in the nature of a writ of Mandamus under Afticle 226 of the Constitution of lndia, declaring the ...RESPONDENTS proceedings Rc.No.208/ E4.Al MZland11l2O24 dated 2ilOil2O24 issued by the 1st Respondent, transferring the petitioner from the O/o. Additional DMandHO (AandL), Nalgonda, to the PHC Gopalpet, Wanaparthy, instead of transferring him to the Office of the Dy. D[\/ and HO, Devarkonda or to Dy. DM and HO, Shamshabad or to Addl. DMandHO, Hyderabad as per the options submitted by him, in terms of Clause 6(C) of the G.O.Ms.No.80, Finance (HRl\I-t) Department, dated o3107/2024, as arbitrary, illegal, discriminatory, malafide, unconstitutional and violating Articlesl4, 16 and 21 of the constitution of lndia and contrary to G.O.Ms. No.BO Finance (HRM-1) Department dated O3tOl12024 apart from violating principles of natural justice and set aside the same and issue consequential directions directing the Respondents to forthwith transfer the petitioner, giving due priority as Union Bearer as per Clause 6(C) of the above GO, to the office of the Dy. DI\/ and Ho, Devarkonda as there exist vacancies or to Dy. DlVl and HO, Shamshabad or to Addl. DMandHO, Hyderabad. Alternatively, direct the Respondents to conduct re-counselling/ fresh counselling as per the decision, if any, taken by the competent authority with regard to providing preferential treatment to various categories including office bearers and effect fresh transfers and also direct the Respondents to allow the petitioner to continue at the office of Addl. DMandHO (A and L), Nalgonda, where he was working prior to the issuance of the impugned order, till conducting re-counselling/fresh counseling. IA NO: 'l OF 2024 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings Rc.No.208/ E4.At MZ-land11t2O24 dated 2710712024 issued by the 1st Respondent, transferring the petitioner from the o/o. the Addl. DMandHO (Abndl), Nalgonda to the pHC Gopalpet, Wanaparthy, pending disposal of the writ petition. Counsel for the Petitioner : SRI P.V.KRISHNAIAH Counsel for the Respondents: GP FOR SERVICES I U* 14P .r\lo, 3ooot o( 2o2+ B&.*nl- Ch. Sumathi, Wo R. Subhash Kumar Aged 43 years, Nursing Officer/ Staff Nurse, Govt Medical College/Govt General Hospital, MahabubabadDistirct, Mahabubabad ...PETITIONER AND 1 The Director of Public Health and Family Welfare, State of Telangana,Sultan Bazar, Hyderabad. 2 J The Superintendent, Government CD and TB Hospital, Hanumakonda, Hanumakonda district. The State of Telangana,, Rep. by its Principal Secretary to Government, Health, Medical and Family Welfare Department Secretariat Buildings,Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of Mandamus under Article 226 of the Constitution of India declaring the proceedings Rc.No.1l032/ ND-All 2O24lZ-lV dated 2710712024 issued by the 1st Respondent, as arbitrary, illegal, discriminatory, malafide, unconstitutio nal and violating Articlesl4, 16 and 21 of the Constitution of India apart from contrary to the G.O.Ms. No.80 Finance (HRIV-I) Department dated 0310712024 aparl from violating principles of natural justice and set aside the same and issue consequential directions directing the Respondents to fo(hwith transfer the petitioner as per the option given by her i.e.Hasanparthy UPHC, Hanumakonda, which was duly accepted by the Committee headed by the 2nd respondent OR alternatively direct the respondents to conduct fresh counseling in terms of G.O.Ms. No.80 Finance (HRM-l) Department dated 0310712024 and further direct the respondents to allow the petitioner to continue at the place where she was working prior to the issuance of the impugned order, till completing the aforesaid exerclse lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings Rc.No.11O32lND-A1l2O24lZ - ly dated 2710712024 issued by the 1st Respondent and all other consequential proceedings, with a direction to allow the petitioner to continue at the place where she was working prior to the issuance of impugned proceedings, pending disposal of the writ petition. Counsel for the Petitioner : SRI P.V.KRISHNAIAH Counsel for the Respondents: GP FOR SERVICES I The Court made the following: COMMON ORDER 1 HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION Nos.29919 29946 and 3OOO5 of2024 COMMON ORDER:- Since the issue involved in all these w'rit petitions is one and the same, they are being disposed of by this common order'

2. Heard Sri P.V.Krishnaiah, learned counsei appearing for the petitioners and the learned Government Pleader for Services-I appearing for the resPondents.

3. For the sake of convenience, the facts in W.P.No.299 19 of 2024 are discussed hereunder : -

4. W.P.No.299 19 of 2024 is hled seeking the following relief : ". . . -. to issue a tttrit, order or clirection, more porticularly one in the nature of a utit of Mandamus under Ar1[c[e 226 of the Con stitution of India declaing the proceedings Ro.No.7253/E4-11G/Z- vI/2O24, dated 27.07.2024 issued ba the 1'' Respondent as arbitrary, iLlegal, disciminatory, mal a.fid4 unco nslitutt o n al and uiolating Artictes 14, 16 and 21 ol tLrc Constitution of India apart from contrary to G.O.Ms.No.8O, Finc"r.ce (HRM-I) Department, dated 03.07-2024, apart Jrom uiolating pinciples of natural justice and set aside the same and issue consequential directions directing the Respondents to fortluuith transfer the petitioner as per the option giuen bg the petitioner i-e., Gouernment General Hospital, Vikarabad, tohicLt utas duly occepted bll the Committee headed bg the 2"d respond.ent or alternatiuelg direct the respondents to 2 conduct fresh counseling in tenns of G.O.Ms-No.8O, Finonce (HRM-I) Department, dated 03.07.2024 and furllrcr direct the respondents to allolu the petitioner to continue at the place, tuhere he wos uorktng pior to the [ssuance of tLrc impugned order, till completing the aforesaid exercise -...-".

5. l,earned counsel appearing for the petitioner submits that the petitioner is working as Pharmacist Grade-II and he has completed 3O years of service. He belongs to SC Community. The Finance Department issued G.O.Ms.No.80, dated 03.O7.2024 giving liberty to the respondents to effect transfers through counseling between O5.O7.2024 and 3I.O7.2024. The transfer counseling was held by the Committee on 2O.O7.2O24. During the counseling, the pe titioner opted Government General Hospital, Vikarabad. Without considering the option exercise by the petitioner, ths lst respondent transferred the petitioner to PHC, Kather, Sangaredcly District. instead of transferring him to the Government General Hospital, Vikarabad. The respondents have conducted counseling contrary to the provisions of G.O.Ms.No.B0, dated 03.O7.2024. Therefore, the impugned orders passed by the 1', respondent are liable to be set aside.

6. Learned Government Pleader hled counter affidavits in W.P.No.299 19 of 2024 and 3OO05 of 2024 stating that the l' i 3 transfer orders are issued after taking into account the overall staff requirements and the availabiiity of resources at various locations. The respondent authorities have the discretion to transfer employee in line with the guidelines as envisaged in The respondents have G.O.Ms.No.80, dated 03.O7 '2024 ' transferred the petitioners to their respective places in accordance with law. Further, the petitioners have already joined in their respective places. Therefore, the writ petitions are devoid of merits and the same are liable to be dismissed'

1. Learned Government Pleader appearing for the respondents submits that in similar circumstances, the Division Bench of this Hon'ble Court disposed of W.A'No '1206 of 2024 on 25'lO'2024 by i observing as follows : This Court, l'Lauing considered the iuctt submi'ssions made bg " 1 1 . both the porties, is of ttrc uietu that the learned Single Judge LDos rlot justifed in directing the official respondents to transkr the appellant from Hyderabad to Warangctl. It is for the ddministrotion to affect transfer, but not the Courts. The leanned Single Judge ought to haue disposed of ttrc Wit Petition bg directing the appetLant as utell as respondent No. 1 to submit apptications for retentiort at Hyderobad and on such representotions being made, the learned Sngle Judge ought to haue' d.irected the official respondents to cotrsider the sane and pass appropiate ord'ers in accordonce uith lau't bg relaining or transferring the appetlont and respondent No 1 ' 4

12. Therefore, this Court is of the uieLu that ends of justice would be met if tlrc present Writ Appeal is disposed of directing the appellant and respondent No.l to submit detailed representations to the olficial respondents, tuithin a period of three dags from the date of receipt of @pA of this order. Upon such representations being made, the administration shall mnstder the same and pass appropiate orders either by retaining them at Hgderabad or transferring them to Warangal. TLrc administration shnll pass independent order, u.tithout being inJluenced by the obseruatiotls made bA this Court dnd the learned Single Judge."

8. Learned Government Pleader appearing for the respondents further submits that since the issue raised in the present writ petitions is squarely covered by the Division Bench judgment of this Court in W.A.No.l2O6 of 2024, dated 25.70.2024, the present writ petitions may be disposed of in terms of the said judgment

9. In view of the above submissions and for the reasons alike in the Division Bench judgment of this Court in W.A.No. 1206 of 2024, dated 25.10.2024, these r.r.rit petitions are disposed of directing the petitioners to submit detailed representations to the respondent authorities, within a period of two weeks from the date of receipt of copy of this order. Upon such representations being made, the administration shall consider the same and pass * 5 appropriate orders in accord.ance with law, either by retaining the petitioners at the present place, where they are working, or transferring them to their respective opted places' There shall be no order as to costs. As a sequei, the miscellaleous petitions pending, if any, shall stand closed S. MALLIKAR JUNA RAO TANT REGISTRAR SDI. A //TRUE COPY// SECTION OFFICER ==a'- I \ To, ., w e rra re' sate ot a n a 'nO ^'..^".,.]],n

2. The District Medical werrare' state or rerangana' H"am Officer' Vikarabad' Vikarabad District. Ili,*' 8",%i,?:,f 'rPJf" [83[l -'"i:"53g'' . l[i,j,E%-::i "1"[:E]:"?,"#'X, flg,IrlT]' 'g11*-ln*t**-il*ull"u*';s:".:'j.''1"'1t''J'5:ttli"'; 5. The District Medical anO Health' Officer' Nalgonda' Nalgonda District' .1f5,#L1l,x,,:t*',"5rx"Iitrtut:ll?#;'%"'1'8fl n"fi io5.ilix , il::,:ffi;:11s,l[,o"*'nment B. One CC to SRI P V KRISHNAIAH' Advocate tOPUCl ; ;;;; l' Hish court ror the state or relansana ]:^*".e'tar' t" GP FoR cD'"0 Hanumakonda' '=*u'"tt

10.Two CD CoPtes s BSK GJP HlGH COURT DATED:05l}BtZ02S COMMON ORDER ./,io R {tlE S f,i ac ! ! ,-.: i,; t/- t 10 ru8 2125 'i s l)4TC |r F- WP.Nos.29919, 29946 & 30005 OF ZO24 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS CYfn*w