✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,181 words

Sri. R. Raghu, S/o. Rama Krishna Aged about 54 Years, Occ. MPHS (Male) Presently working at PHC Kandukur, R.R.Dist, Rl/o. H.No.6-1-5B5lBl4OlF2, lrlaruthi Nagar, Khairtabad, Hyderabad-500004, Telangana ...PETITIONER AND 1 2 J 4 State of Telangana, Represented by Principal Secretary to Government, Finance Department, Secretariat, Hyderabad. State of Telangana, Represented by Secretary to Health, Medical and Family Welfare, Govemment of Telangana, Secretariat, Hyderabad. Commissioner of Health and Family Welfare, Koti, Hyderabad. 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 proceedings No. Rc.977l E4-BlZ-Vll2O24, daled 27-07-2024, -issued by the 4th Respondent, which transferred the Petitioner to PHC Kandukur, Ranga Reddy District, as itlegal, arbitrary, and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 20-07 -2024 and in violation of Clauses 4 (C ), s(AXiv) and 7 of G.O. Ms No. B0 Finance (HRM-|) Department, dated 03-07-2024, read with G.O. Ms No. 7 Finance (HRM-lll) Department, dated 24-01-2011. The petitioner further prays that this Hon'ble Court may set aside the said proceedings and direct the Respondents to effect the transfer as per the options exercised during the transfer counseling held on 2O-O7 -2024, in strict compliance with Clause 4 (C), s(A)(iv) and Clause 7 of G.O. Ms No. B0 Finance (HRM-I) Department, dated 7 O3-O7 -2024, read wilh G.O. Ms No. 7 Finance (HRM-lll) Departnrent, dated 24- 01-2011, withor.rt rel'erence to G.O.Ms.No.B7, Fin. (HRM-l) Department, 'dated 31 .O7.2024 and joining of the Petitioner on the analogy of the dirt,rctions given in W.P. Nos. 2O647 oI 2024and batch and also in WP.No.22592of :;1024 and batch in common ord,:rs issued on 07.08.2024 and 29.08.2024 respt+ctively by this Hon'ble court tA NO: 'f OF 2024 Petition under Section 151 CPC praying that in the circunrstances stated in the affidavit filed irr support of the writ petition, the High Courl may be pleased to suspend the operation of proceedings No. Rc. No. Rc.977l E:4-BlZ-Vll2O24, dated 27-07-20114, ir;sued by the 4th Respondent, transferring the Petitioner to PHC Kandukur, Ranga Reddy District and the Respondents be directed to consider afresh the options exercised by the Petitioner in terms cf Clause 4 (C), s(AXiv) and Cleruse l'of G.O. Ms No. 80 Finance (HRN/-|) Department, dated 03-07-2024, reerd with G.O. Ms No. 7 Finance (HRM-Ill) Dep;artment, dated 24-01-2O11, at :he time of counseling without reference to G.O.Ms.No.87, Fin. (HRM-l) Departrnent dated 31 .07.2024, and joining of the Petitioner at the place of posting Counsel for the Petittioner: SRl. SRINIVAS REDDY KARRA Counsel forthe Respondent No.1: GP FOR FINANCE Counsel for the Respondent Nos. 2to4: GP FOR MEDICAL HE,ALTH AND FAMILY WELFARE The Court made the following: ORDER .v THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITIO N No. 1352 oF2 24 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 proceedings Rc. No.977/E4-B/Z-VI/2024, dated 27-07-2024 issued by the 4th Respondent which transferred the petjtioner to pHC Kandukur, Ranga Reddy District as i egat, arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 2O-07-2024 and in walation of Clauses 4 (C), 5(A) (iv) and 7 of G.O.Ms.No. eO Finance (HRM-I) Depaftment, dated 03-07-2024 read with G.O.M;.No.7 Finance (HRM-lII) Department, dated 24-O1-2011. The petitioner further prays that this Hon,ble Court may set aside the said proceedings and direct the Respondents to effect the transfer as per the options exercised during the transfer counseling held on 20-07-2024 in strict compliance with Clause a G), S(A) (tv) and Clause 7 of G.O.Ms.No.BO Finance (HRM_I) Department, dated 03-07-2024 read with G.O.Ms.No.7 Ftnance (HRM_III) Department, dated 24-O1-2011, wtthout reference to G.O.MS.N).B7 Finance (HRM-I) Department, dated 31_07-2024 and joining ol the petiLionet on the anatogy ol the directioos given ih W.P Nos.20647 of 2024 aod 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 by this Hon,ble court and pass... "

2. Heard Mr Srinivas Reddy Karra, learned counsel for the petitioner, learned Government preader for Finance for respondent No.1 and learned Government pleader for Medical & Health for respondent Nos.2 to 4. <. I : i

3. Le,lrneo counsel for the petitioner submits t.h.rt the present writ petition s squarely covered by the order of thi:; Court dated

05.O2.2(t25 rr W.P.No.243O0 of 2024, and prays tlris Court to pass a similar ord:r in the present writ petition also.

4. The said submission is not seriously disputed t:y the learned Governfilent Pleader for respondents.

5. The rr:levant portion of the order dated C)5.02.2025 in W.P.No.:24300 of 2024, is extracted hereunder: "7. Having considered the rival submissions made b,y tre earrrr:d counsel for the respective parties, this Writ Petltlon is disp ):;ed of directing the petitioner to make a fr€ repr:sentation to the concerned authority ventllatinJ ris grievance within a period of one (01) week frorr, the d,rte ot rece Ft of a copy of this order. Upon recerpt of su:h repr llientatron, the concerned authority ls dlrec[ed ta, consLder the same and pass appropriate ordeTs ill accordaTCe with l,r\ru. "

6. Having regard to the submissions made by the learned counsel apprsaring for the respective parties, and fcr the reasons alike in the crder dated 05.02.2025 in W.P.No.243100 of 2024, the Writ Pet tion s disposed of directing the petitioner to make a fresh represertatior-r to the concerned authority ventilating his grievance within a period of one (01) week from the date of ret:eipt of a copy I 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. /TTRUE COPY// SD/- L. VIJAYA LAXMI AS ISTANT RE GISTRAR SECTION OFFICER To, 1 . The Principal Secretary to Govemment' Finance Department' Secretariat' ' i.5.nri"i5oro. 2 f he Secretary to Health, Medical and Family Welfare' Government of - i"irnoini. Seiretariat, Hvderabad' : The c-ommissioner of Hea'lirr"a"iaTimirv welfare, Koti, Hyderabad. 4 The Director of Public n"""ftn l"i fit"iiY t{9fqr9' Koti' Hvderabad' ::ffi rii;#+":#ffl**"*-qffiu#p-fl;rx;I'r z. iwo CCs to GP FoR Hyderabad [OUT] 8. Two CD CoPies BM Yr .-t :l HIGH COLIRT' DATED:2910412025 ORDER WP.No.31ii52 of 2024 CC TODAY ,1 /' :. ! '-'-'- r i1E .:r' ,qs 2Il4IY ilE C) \ ,.,'1, DISPOSING OF THE WRIT PETITION WITHOUT COSTS tlceSA #a* €

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