B. Ramanarsaiah v. 1. State of Telangana

Petition undei Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanappropriatewrit,order,ordirection,particularlyinthenature of a writ of mandamus, declaring the Procs. No.Rc.977l E4-Bl zone-vll 2024 Dated 27 -07 -2O24, issued by the 4th Respondent, which transferred the Petitioner to PHC Kandukur, Rangareddy District' as illegal, arbitrary, and contrary to the provisionsunderClauses5(A)(iv),andTduringthegeneraltransfercounselling heldon2o-oT.2o24andinviolationofguidelinesstipulatedinG.o.MsNo.S0 Finance(HRM.I)Department,dated03-07-2o24andnotconsideringthe representation dated 17-10-2024 made to 4th Respondents respectively on the analogy of the orders of this Hon'ble court passed in in w.P. Nos. 20647 o',( 2024 and batch and also in Wr'No'22592 of 2024 and batch in common orriers issued on 07.og.2024 and 29.0i1 2024 respectivery as iilegar' unjust. discriminatory and in contravention of 3 O lvls No' 80 Finance (HRM-I) Department' di'rted 03-07- 2024andArticlesllancl6ofthelndianConstitution,consequentlvsr;tasidethe said proceedings and direct the respondents to etfect the transfer afresh as per the options exercised under clause 7 of GO'tvIs No 80 Finarrce(HRM-l)' department, dated 03 0/ 2024 during the general transfer counsell ng held on 20.07 .2024 in corlpliance of clause 7 of GO Ms No 80 Finzrnc;e (HRM-|)' department, dated 13 07 2024 without reference to G'O Ms No 87' [:'in (HRM-I) Department, dated 31'07 2024 and joining of the Petitioner on the analogy of the Nos 20647 ot 2024 and batch and also in VVP'No 22592 orders issued in in o'f 2024 and batch i 1 corn mon orders issued on 07 'O8 '2024 and 29 '08 2024 ' "/V.P r.A.NO:10F 2024 Petition Und:r St>ction 151 CPc praying that in the circumstanr:es stated in the affidavit filed ir support of the petition' the High Court may br:) pleased to suspend the operation of Procs No'Rc 977l E4-B/ Zone-Vl t 2024 Daled 27 -O7 - 2024, issued by thr: 4th Respondent' transferring the Petitioner to Pl-lC Kandukur' Ranga Reddy Dis;trict and consequently direct the Respondents to consider afresh options exercise:d by the petitioners at the time of General C ounselling in terms of Clauses 5 (A) (iv) and 7 of G'O Ms No 80 Finance (HRfvl-l) Department' dated03.07-2024,attretimeofcounsellingwithoutreferencetoGo.Ms.No.BT' Fin. (HRM-|) Departmont, dated 31 07'2024' and joining of the l]etitioner at the place of posting or the analogy of the orders passed in W'P' Nos 2O647 oI 2024 and batch and also in WP No 2259 2 oI 2024 and batch in common orders issued on 07.O8.2024 an<l 29.08'2024 respectively' Counsel for the Petitioner : SRI SRINIVAS REDDY KARRA Gounsel for the Flespondent No'1 : GP FOR FINANCE AND PLANNING Counsel for the Flespondent Nos'2 to 4 : G'P FOR MEDICAL AND HEALTH The Court made the following ORDER I ,;. THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO ORDER: RI PETITIO N 31 2 F o2 This Writ Petition is filed by the petitioner seeking the following relief : "...to issue an appropriate writ order or dtrection particularly tn the nature of a writ of mandanus declaring the proceedings Rc. N1.977/E4-B/Z-VI/2O24 dated 27-07_2024 issued by the 4th Respondent, transfernng the petitioner to pHC Kandukur, Ranga Reddy District as illegat arbitrary and contrary to the provisions under Clauses 5 (A) (iv) and Z during the general transfer counseling held on 20_07_2024 and in violation of guidelirrcs sttpulated in G.O.Ms.No. B0 Finance (HRM-t) Department, dated 03-07-2024 and not considering the representation dated 17_10_ 2024 made to 4th Respondents respectively on the analogy of the orders of this Hon,bte Court passed in W-p.Nos.2O647 of 2024 and batch aod also in W.p No.22SgZ of 2024 and batch in common orders issued on 07_OB_2O24 and 2g_OB_2024 respectively as illegal, unjust, discriminatory and in contravention of G.O.Ms.No.gO Finance (HRM_I) Department dated O3-O7-2O24 and Articles 14 and i6 of the Indian Constitution consequen y 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.gO Fioance (HRM_ I) Department, dated 03-07-2024 during the generat transfer counselling held on 20_07_2024 in complia.nce of clause 7 of G.O.M9.N).BO Finance (HRM-I) Department, dated 03_07_2024 without riference to G.O.Ms.No.gZ Finance (HRM_I) Department, dated 31-07-2024 and joining of the petitioner on the anatogy of the orders issued in W.p Nos.2O647 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-OB-2024 and Dass ,,

2. Heard Mr Srinivas Reddy Karra, learned counsel for the petitioner, rearned Government preader for Finance for respondent No. 1 and learne:d Government Pleader for Medical & Health for respondent Nos :Z to 4

3. Learned <:ounsel for the petitioner submits that t he present writ petitiotl is s;quarely covered by the order of this; (lourt dated 05.02.2025 in \&'.P.No.24300 of 2024, and prays this Ccrurt to pass a similar orJer in the present writ petition also.

4. The said submission is not seriously disputed by [he learned Government Plt:ader for respondents '

5. The relevant portion of the order dated 05'02"2025 In W.P.No.24:i0O 'tf 2024, ts extracted hereunder: learned counsel for the respective parties, this Writ Petition is dlr;posel aF directing the petitioner to make a fresh Telrese l.atron to the concerned authority ventllatlng hls grievan l(r withln a period of one (01) week from tl-'e date of . recelpt )f a copy of this order' Upon receipt of such representation, the concerned authority is dlrected to ccnsider the same and pass appropriate orders in arcordance , w th la!/. "

6. Havirlg -egard to the submissions made by l'he learned counsel af)pea'lng for the respective parties, and for the reasons alike in th: orler dated 05.02.2025 in W.P.No.243ot) r.tf 2O24, lhe t writ Petition is disposed of directing the petitioner to make a fresh representation to the concerned authority ventirating his grievance within a period of one (01) week from the date of receipt of a copy of this order. Upon receipt of such representdtion 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/- P. GOWRI SHA-NIKAR EPUTY REGISTRAR ECTION OFFICER To

1. The Principal Secretary to Government, Finance rtment, Secretariat, State of Telangana at Hyderabad-500022.

2. The Secretary to Health, Medical and Family Welfare, Government of Telangana, Secretariat, State ofTelangana at Hyderabad.

3. The Commissioner of Health and Family Welfare, Koti, Hyderabad. 4. The Director of Public Health and Family Welfare, Koti, Hyderabad. 5. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad. [OUTI

6. Two CCs to GP FOR MEDICAL AND HEALTH, High Court for the State of Telangana at Hyderabad. [OUTJ

7. One CC to SRI SRINIVAS REDDY KARRA, Advocate [OPUC] 8. Two CD Copies SA YA-- C.C. TODAY -aa 21,.,;.-';:' 2:]iq*Y M '! > ,t' 1,i' i. '-) \. HIGH COURT DATED:29 rc412025 ORDER WP.No.31329 ot 2024 DISPOSING OF THE W.P WITHOUT ,COSTS. ^.'Q?4 X,"