High Court · 2025

Smt. P. Mahalamma, Wo Patha Dominic, Aged about 57 years,-.Occ' Community Ueiltn Omc"r, Presently wolElng.qt PHC Bhanoor, Rl/o H No l- 49t2t5lc Rirad No. 7, Jaishankar Nagar, RR District, 500050 AND 1 . State of Telangana, Represented !y Princp^q!- Finance Departftent, Secietariat, Hyderabad-500022. -S-ecretary ...PETITIONER to Government,

2. State of Telangana, Represented by_secretary to Health, Medical and Family Welfare, Goveinmeht of Telangana,- Secretariat' Hyderabad' 3. Commissioner of Health and Family Welfare, Koti, Hyderabad' 4. Director of Pubtic Health and Family Welfare, Koti, Hyderabad' ...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtodeclaringtheProcs.No.Rc.l554lE4.DlMz-lll2o24,dated 18.07.2024, issued by the 4th Respondent, which transferred the Petitioner to PHC Bhanoor, Sangareddy District, as illegal, arbitrary, and contrary to the provisions under Clauses 5 (A) (vi), 6 (D) and 7 during the general transfer counselling held on 18-07 -2024 and in violation of guidelines stipulated in G.O. Ms No. 80 Finance (HRM-I) Department, dated 03-07-2o24 and not considering the representation dated 2o-o7 -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 0f 2024 and batch and also in wP.No.22592 0f 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. B0 Finance (HRM-|) Department, dated 03-07-2 024 and Articres 14 and 16 0f the rndian constitution, consequenfly set ar;ide the said proceedings and direct the respr:rndents to effect the transfer afresh as per the options exercised under clause 7 rf GO.Ms.No.80 Finance(HRM-r)' drlcartment, dated 03.o7.2024 during the generar transfer counselling held on 20.o7.2024 in compliance of clause 7 of Go.Ms.No.80 Finance (HRIvr-r) department, dated 03-o7.2w4 without reference to G.O.Ms.No.87, Fin tHRM_l) Department, daled 31.O7.2024 .n<: joining of the Petitioner on th,3 anajogy of the orders issued in W.p. Nos. 2116,47 of 2024 and batch and arso in wp No.225g2 0f 2024 and batch in common orders issued on 07.08.2024 and 29.08 2024. IANO:1 OF 2024 ^l.Z-;/2*, Petition under Section 151 CpC praying that in the circum,stances stated in the affidavit fired in support of the writ petition, the High courl may be preased to suspend the opr>ration of procs. No.Rc.1554/ E4.Ol ,r,"0 27 07 '2024 ' issued by the 4th Respondent, transfering the pr:tit oner to pHC Bhanoor' Sangaredd'r District, and consequenry direct the Respondents to consider afresh cptic ns exercised by the petitioners at the timr: of General Counselling in terrs of Clauses 5 (A) (vi), 6 (D) and 7 of G.O. Ms Nr. g0 Finance (HRM-,) Department' Tated 03-07-2024, at the time of courrs.ring without reference to G.O Ms.trto.87, Fin. (HRM-|) Department, dated 31.(.r7.2 O24, and joining of the petition _.r z,o# j[Jr;ff:ffi::rT.nil:l:1i]H:Hr"; passed in W p and batch in common c rders issued on 07.0g-2024 and 29.0g.202,4 respectivery. Counset for the petitioner: SRI SRINIVAS REDDY KARRA Counset for the Respondenr No.1: Cp ion Fr-r,riirle Counset for the Respondent No.2 to +,'e p}<inill'olcAL & HEAI-TH The Court made the foltowing: ORDER ^,c,s ,7 THE HON,BLE SRI IUSTICE NAMAVARAPU RA''ESHWAR RAO TIO NN .3L4 2 24 P ORDER This Writ Petition is filed bY the petitioner seeking the following relief : ".. to issue an appropriate writ order or direction particularlY in the nature of a writ of mandamus declaring the Proceedinqs Rc' No.1554/E4-D/MZ-II/2024 dated 18-07-2024 issued by the 4th Respondent, transferring the petitioner to PHC Bhanoor' Sangareddy District as illegat' arbitrary and contrary to the provisionsuoderClausess(A)(vi)'6(D)andTduringthe general transler counseling held on 18-07-2024 and in violation of guidelines stipulated in G O'Ms No SO Finance (HRM-I) Department, dated O3-07-2024 and not considering the representation dated 20-07-2024 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 also in W P No'225g2 of 2024 and batch in common orders issued on 07-0s-2024 and 29-08-2024 respectivelY as illegal unjust discriminatory and in contravention of G'O Ms No' BO Finance (HRM-I) Department' dated O3-O7-2024 and Articles 14 and 16 of the Indian Constitution consequently set aside the said proceedings and direct the respondents to effect the transfer afresh as per the options exercised under clause 7 of G O Ms'No' 80 Finance (HRM-I) Department' dated 03-07-2024 durinq the general transfer counseling held on 2o-o7-2o24 in compliance of clause 7 of G o'Ms No So Fnance (HRM-I) Department' dated B 07 2024 without reference to G'O'Ms'No'77 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 such other order or orders as this Honorable Court maY deem fit and proper in the crcumstances of the case and to pass "'"

2. Heard Mr Srinivas Reddy Karra' learned counsel for the petitioner, learned Government Pleader for Finance for respondent No.1 and learned Government pleader for Medical & Health for respondent Nos.2 to 4.

3. Learned r:r>unsel for the petitioner submits that the present wrir petition is s;quarery covered by the order of this c.ourt dated 05.O2.2025 in \V.p.No.24300 of 2024, and prays this (lorrt to pass a similar order i.t the present writ petition also.

4. The s,rid :;ubmission is not seriously disputed b1, the learned Governmenl. Ple ader For respondents.

5. The relevant portion of the order dated 05.0,2.2025 in W.P.No.24300 oF 2024, is extracted hereunder: "7. Having considered the rival submtssions made by the leanted co!nsel for the respective parties, this Writ perrtton ts disp,r5sd ,)f directing the petrtioner to make a Fresh represent,ltion to the concerned authority ventilating hts grieYance y/ithtn a penod of one (01) week from the date of recerpt or a copy of this orde.. Upon receipt ot such representi,t,on, the concerned authority is directed to consider tlle same and pass appropriate orders in acco.dance with law. "

6. Having reg ard to the submissions made by the learned counsel appearin l for the respective parties, and for t.her reasons alike in the order dated 05.02.2025 in W.p.No.24300 of 2,024, the Writ Petition s disposed of directing the petitioner to makil 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 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// To,

1. The Principal Secretary to Govemment, Finan Hyderabad, State of Telang ana-5OO022' sD/- L.VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER Department, Secretariat,

2.TheSecretarytoHealth,MedicalandFamilyWelfare,Governmentof - Telangana, Sdcretariat, Hyderabad, State ofTelangana' 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 SRI SRINIVAS REDDY KARRA' Advocate [OPUC] 6,TwoCCstoGPFoRFINANCE,HighCourtfortheStateofTelanganaat Hyderabad [OUT] T.TwoCCstoGPFoRIVIED|CAL&HEALTH,HighCourtfortheStateof Telangana at HYderabad [OUT]

8. Two CD CoPies BSR HIGH COURT DATED:2910412025 CC TODAY ORDER WP.No.31495 of 2024 (

4. e J y\F- Si,i7., 1 2 3 lii\i ?ili5 --Di.,: i,r-- ' , { ,: I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fA 1 "1 t