Telangana High Court
L. Sanjeevaiah vs The Director Of Public Health And Family ... on 5 August, 2025
1
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION Nos.29919, 29946 and 30005 of 2024
COMMON ORDER :
-
Since the issue involved in all these writ petitions is one
and the same, they are being disposed of by this common order.
2. Heard Sri P.V.Krishnaiah, learned counsel 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.29919 of
2024 are discussed hereunder :-
4. W.P.No.29919 of 2024 is filed seeking the following relief :-
".....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 Ro.No.7253/E4-11.G/Z-
VI/2024, dated 27.07.2024 issued by the 1st Respondent as
arbitrary, illegal, discriminatory, malafide, unconstitutional and
violating Articles l4, 16 and 21 of the Constitution of India apart
from contrary to G.O.Ms.No.80, Finance (HRM-I) 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-I) 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 .....".
5. Learned counsel appearing for the petitioner submits that
the petitioner is working as Pharmacist Grade-II and he has
completed 30 years of service. He belongs to SC Community.
The Finance Department issued G.O.Ms.No.80, dated 03.07.2024
giving liberty to the respondents to effect transfers through
counseling between 05.07.2024 and 31.07.2024. The transfer
counseling was held by the Committee on 20.07.2024. During
the counseling, the petitioner opted Government General
Hospital, Vikarabad. Without considering the option exercise by
the petitioner, the 1st respondent transferred the petitioner to
PHC, Kather, Sangareddy 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.80, dated 03.07.2024. Therefore, the impugned
orders passed by the 1st respondent are liable to be set aside.
6. Learned Government Pleader filed counter affidavits in
W.P.No.29919 of 2024 and 30005 of 2024 stating that the
transfer orders are issued after taking into account the overall
staff requirements and the availability of resources at various
locations. The respondent authorities have the discretion to
transfer employee in line with the guidelines as envisaged in
G.O.Ms.No.80, dated 03.07.2024. The respondents have
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.
7. 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 25.10.2024 by
observing as follows :-
"11. This Court, having considered the rival submissions made by
both the parties, is of the view that the learned Single Judge was not
justified in directing the official respondents to transfer the appellant
from Hyderabad to Warangal. It is for the administration to affect
transfer, but not the Courts. The learned Single Judge ought to have
disposed of the Writ Petition by directing the appellant as well as
respondent No. 1 to submit applications for retention at Hyderabad
and on such representations being made, the learned Single Judge
ought to have directed the official respondents to consider the same
and pass appropriate orders in accordance with law by retaining or
transferring the appellant and respondent No.1.
12. Therefore, this Court is of the view that ends of justice would
be met if the present Writ Appeal is disposed of directing the
appellant and respondent No.1 to submit detailed representations to
the official respondents, within a period of three days from the date
of receipt of copy of this order. Upon such representations being
made, the administration shall consider the same and pass
appropriate orders either by retaining them at Hyderabad or
transferring them to Warangal. The administration shall pass
independent order, without being influenced by the observations
made by this Court and 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.1206 of 2024, dated 25.10.2024, 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 writ 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
appropriate orders in accordance 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 sequel, the miscellaneous petitions pending, if any,
shall stand closed.
______________________________________
NAMAVARAPU RAJESHWAR RAO, J
05.08.2025
Prv
