High Court · 2025

Judgment

1. 2 3 4 State of Telangana, Represented by principal Secretarv to Government,Finance Department, Secretai-iat, HyderaSad-500022 State of T^elangana, Represented by Secretary to Health, Medical and Familv wettare, covernment of Telangana, Secretariat, Hyderabad. Commissioner of Health and Family Welfare, Koti, Hyderabad. Director of Public Health and Family Welfare, Koti, Hyderabad. ...RESPONDENTS

Petition under Articre 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court hay be pleased to issue an appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the Procs. No.Rc.No.7253t E4-ll.Glz-u2024 Dated 27-or- 2024, issued by the 4th Respondent, which transferred the petitioner to pHC Nerella, Jagityal District, as illegal, arbitrary, and contrary to the provisions under clauses 5 (A)(i) and (vi), 6 9D) and 7 during the general transfer counselling held on 2007 -2024 and in violation of guidelines stipulated in G.o. Ms No. g0 Finance (HRM-|) Department, dated 03-07-2024 and not considering the representation dated 30-09-2024 made to the 4th Respondent 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 of 2024 and batch in common orders issued on 07.0g.2024 and 29.o8.2o24 respectively as illegal, unjust, discriminatory and in contravention of G.o. Ms No.80 Finance (HRM-I) Department, dated 03-07-2024 and Articles 14 and 16 of the lndian constitution, consequenfly set aside the said proceedings and direct the respondents to effect the transfer afresh as per the options exercised under clause 7 of GO.Ms.No.80 Finance(HRM-l), department, dated 03.07.2024 during the general transfer counselling held on 20.o7.2024 in compliance of clause 7 of GO.Ms.No.80 Finance (HRM-l), department, dated 03.07.2024 without reference to G.C.Ms.No.87, Fin. (HRM.l) Department, dated 31 ,o7.2024 and ;;;"; ;i the petilione. on the analogy of the orders issued in W.P. l"los. 20647 of ioini"rid batch and zlso in WP.No.22592 of 2024 and batch in ccrmmon orders issued on 07.08.2024 and 29 08 2024' lA NO: 1 o F 2024 petition unrler s ection '1 51 cPC praying that in -the c'rcums;ta''lces stated in the affidavit filed in suoport of the writ petition, the High Court may ce pl''ased to the operatior of procs. Rc.No.7253l E4-1.ctz-y2024 Date,d 27-07-2024 ;#;; L'i"J'ov the 4th Respondent, transferring the Petitioner to PHC Nerella, Jagityal Oliri"t ,nO cons;equr>ntly direct the Respondents to consider afresh options by the F)etitioners at the time of General Counselling in lerrns of Clauses "rli"ii.a S (R) (vi),6 (D)and 7 of G.O. Ms No. B0 Finance (HRM-l)Department, i iarrtr '6g-OZ-Z O24, at the time of counselling without reference 1u (li.O.Ms.No.87, Jr'i"if ii"-Tnnffrf-f f Department, dated 31 .07.2024, and joining of the Petitioner at the oir"" of posting on the analogy of the orders passed in W P Nos;' 1\0647 of 2024 S"Jiurci andils;o in WP.No.22592 of 2024 and batch in common orders issued o"-ii.nA.ZOZl ard 2908.2024 respectively pending disposal of the above writ petition "nO Counsel for the P'etitioner: SRl. SRINIVAS REDDY KARRA Counsel for the F.espondent No.1: GP FOR FINANCE Counsel for the Flespondent Nos.2 to 4: GP FOR MEDICAL AND HEALTH The Court made the following: ORDER Il :.1 - THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO TP T T o o 31 F2 24 ORDER: This Writ petition following relief : is filed by the petitioner seeking the Rc. direction particurarty in the ^urj,o'ou'or : : r:: ::' : r: ;::,t; dectaring the proceedings "...to issue appropriate wrh nature of a writ of No.72s3/E4_II.G/z_rrrora'-" t;:, R e s p o n d e n t, t ra n s fe rr n g r:: :; r ;: District as ittegal, arbitrary and contrary to tne p,ortslon-s unaer crauses 5 (A)(i) and (vr), 6 9(D) and 7 during tne generat transfer counseling hetd o n 20-07-2024 and in viotation of guidelioes s purated .n G'o Ms No Bo Finance (HRM-.) Department, dated 03-07 dnd not considering the representation ouruo ,o-on-.,'o'4 4 made to the 4th pg5psnlsn| sn the analogy of the orders of this Hon'bte court passed in r/,/. p. Nos.2o647 of 2024 and and also in w.p No.22sg2 of 2024 and batch n commonbatch 2e-o,-2024respectivety",;'.;,:;',7;;,::;:t;';':,';: contravention of G.O.Ms. No. da ted o 3 -o 7-20 2o . n o o ntlu'''rT".,f 1!',rr,il! "ffil; Constitution consequen y se tt'," the said proceedings and direct the respondents ,o the transfer afresh as per the "r!, options exercised ,naur rt.rrlJ't * o o, - o r' rlolln "; :; i:: i :';::, :X, I ) D e p a rt m e n t, o counseling held on 2O-O7_2O24 in compliance of clause 7 ot G.O.Ms.N1.BO Finance (HRM_I) Department, dated 03_07-2024 without reference to G.O.M|.No.gZ Finance (HRM_I) Department, dated 31-07_2024 and joining of the petittoner on the aoatog) ot the orders issued in W.p Nos.2 0f 2024 and batch and arso in w.p No.225g2 0f 2024 and b0647 common orders issued on 07-oB-2o24 aod 29-08-2024 u)u"n 'n as rhis Honhte court may';z:ti': ::: "r:;:' circumstances of the case and to pass ...,, ::':;: " &*..-, , I : I \ 'i 2 2 petitioner, Heard Mr Srinivas Reddy Karra' learned counse:l for the I Government Pleader for Finance for r':spondent l<:arnr:d Government Pleader for Medical t!' tealth for It:a rn t: No.1 and resPondent \os'2 to 4' J writ Petitiott Learn,3d cc,unsel for the petitioner submit:' that t1e Present is squarelY covered by the order cf this' ('ourt dated 05.O2.2025 in r'U'P'No'24300 of 2024' and prays this Court to pass a similar order n the present writ petition also' 4. The :;aid s;ubmission is not seriously disputed b'y the learned Government Pl3ader for respondents' 5. The rele:rrant portion of the order dated 05 02 2025 in W.P.No.24300 of 2024 ' is extracted hereunder: "7 Having considered the rival submissions made bY th€ l,:arnei counsel for the respective parties' this Writ Petitron l!' the Petitioner to mak€r a Frest clisposel of directing concerned authority ventilating hi:' r ePres entation to the ,lrievence within a period of one (01) week from :he date cf of thls order' Upon receipt of sucl'l ieceir t of a coPY concerned authority is directed t l rePreientation, the Consil.]rthesameandpassappropriateorderslnaccordan(e with aw " 6 Having regard to counsel appoaring alike n the lrder the submissions made by the learned for the respective Parties' and fo: the reasons dated 05.02.2025 in w P'N o'24:',0( af 2024' lhe i To, 3 writ Petition is disposed of directing the petitioner to make 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// SD/- L. VIJAYA LAXMI SSISTANT REGISTRAR ECTION OFFICER

1. The Principal Secretary to Government,Finan partment, Secretariat, H T2 erabad-500022 Secretary to Health, IVledical and Family Welfare, Government of Telangana, Secretariat, Hyderabad.

3. Commissioner of Health and Family Welfare, Koti, Hyderabad. 4. Director of Public Health and Family Welfare, Koti, Hyderabad. 5. One CC to SRl. SRINIVAS REDDY KARRA Advocate [OPUC] 6. Two CCs to GP FOR FINANCE ,High Court for the State of Telangana. 7. Two CCs to GP FOR MEDICAL AND HEALTH, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CD Copjes KKS Ftr HIGH COURT DATED:2910412025 ORDER WP.No.313,33 of 2024 CC TODAY -.a'= ,'z\ (" rrE S14 fA 23t'lqY M I ;,. ii: a-' DISPOSING THE WRIT PETITION WITHOUT COSTS ,efle}, \e- k*