Telangana High Court

Dr. T.Raghunatha Swamy vs The State Of Telangana on 13 February, 2025

      THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                                   AND

           THE HON'BLE SMT. JUSTICE RENUKA YARA

                   WRIT APPEAL No.1184 of 2024

JUDGMENT:

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri M.Surender Rao, learned Senior Counsel appearing for

Sri G.Naresh Kumar, learned counsel for the appellant;

Sri Santhapur Satyanarayana Rao, learned Government Pleader

for Services - I, for respondent Nos.1 and 2 and Sri M.Srikanth,

learned counsel for respondent No.3.

2. With the consent of the learned counsel for the parties, the

writ appeal is heard finally.

3. In this intra Court appeal, the challenge is mounted to the

order of the learned Single Judge passed in W.P.No.28670 of

2023, dated 13.09.2024.

4. Before the writ court, the challenge was to the order dated

06.10.2023, whereby respondent No.3 (writ petitioner), who was

holding the post of Additional District Public Health Officer

(ADPHO) at Medchal-Malkajgiri District was directed to get herself

relieved from the said post and to report before the Director of

Public Health and Family Welfare, Telangana, Hyderabad, for

further orders. The case of respondent No.3 before the learned

Single Judge was that she came to have occupied the said post

with effect from 12.09.2023 only. The appellant, who was

promoted and posted at Medchal-Malkajgiri District, could not

have been permitted to act as a striker in the carrom board of the

department for shifting respondent No.3.

5. The learned Single Judge, after considering the schedule

which shows that the posts of District Medical and Health Officer

(DM&HO) and ADPHO are in the equivalent cadre, opined that the

writ petition deserves to be allowed and therefore, the impugned

order dated 06.10.2023 was set aside to the extent of posting the

appellant at Medchal-Malkajgiri District and respondent Nos.1

and 2 were directed to continue respondent No.3 as ADPHO at

Medhcal-Malkajgiri District.

6. Learned Senior Counsel for the appellant submits that both

the posts are two different statutory posts. The statutory

recruitment rules, namely the Andhra Pradesh Health and Family

Welfare Services Rules, 2002, initially contained the category of

Civil Surgeon in categories from 3(a) to 3(e). The post of DM&HO

falls in the category of 3(a). The same was subsequently

substituted by inserting the category 3(f) by order dated

28.05.2016 and the said insertion included Additional District

Public Health Officers (ADPHOs). Thus, it is not correct to say

that both the posts are same or equivalent or interchangeable.

Much emphasis is laid on G.O.Ms.No.142, dated 22.08.2023, to

bolster the submission that out of 38 posts of DM&HOs, 10

DM&HOs shall be ADPHOs. Thus, the result will be that there

shall be 28 DM&HOs and 10 ADPHOs. The department has

bifurcated it in the same way, which is evident from the perusal of

Annexures II.A and II.B. Thus, the foundational finding of the

learned Single Judge that both the posts were equivalent was

factually incorrect.

7. The learned Government Pleader appearing for respondent

Nos.1 and 2 has supported the order of the learned Single Judge

and submits that in furtherance of the order passed by this Court

on 03.02.2025, respondent No.1 has issued G.O.Rt.No.47, dated

07.02.2025, whereby writ petitioner/respondent No.3 was

permitted to continue as ADPHO at Medchal-Malkajgiri District

and the appellant was relieved by directing him to report before

the Director of Public Health and Family Welfare, Telangana,

Hyderabad, for further posting. He submits that the enclosure to

G.O.Ms.No.142 dated 22.08.2023 (page No.72) shows that both

the posts are interchangeable.

8. Learned counsel for respondent No.3 placed reliance on the

Annexure to G.O.Ms.No.24, dated 08.02.2017, to show that there

exists no posts of DM&HO in Medchal.

9. In the rejoinder submissions, learned Senior Counsel for the

appellant submits that the appellant had taken charge from one

Dr. Putla Srinivas, DCS, who was holding the post of In-charge

DM&HO, whereas respondent No.3 was working as ADPHO at

Medchal-Malkajgiri District.

10. We have heard the parties at length and perused the record.

11. The operative portion of the order of the learned Single

Judge reads thus:-

"8) That apart, while adopting The Andhra Pradesh Health, Medical & Family Welfare Service Rules, 2002, to the State of Telangana, vide G.O.Ms.No.37, Health, Medical and Family Welfare (B1) Department, dated 28.05.2016, certain modifications

were made to the Rules. As per Rule 4 thereof, the qualifications prescribed for the post of ADPHO are as under:

"(i) MBBS degree or an equivalent qualification as entered in the Schedule to the Indian Medical Council Act, 1956 as subsequently amended.

(ii) Diploma in Public Health or M.D. (Social and Preventive Medicine) of a recognized University.

(iii) Experience in the Public Health Field Service of not less than 5 years after obtaining Diploma in Public Health or M.D. (Social and Preventive Medicine) qualification.

Note: Preference shall be given to those with training in Epidemiology in the National Institute of Communicable Diseases, or any other equivalent recognized training."

whereas the qualification prescribed for the post of Civil Surgeon is 'MBBS degree or an equivalent qualification as entered in the Schedule to the Indian Medical Council Act, 1956, as subsequently amended'. In view of the above, this Court is of the view that the posts of DM & HO and ADPHO are different and distinct.

9) Now, the question remains before this Court is with regard to the vacancy/vacancies of ADPHO/DM & HO available in the Medchal-Malkajgiri District.

10) A perusal of the material on record reveals that vide G.O.Ms.No.142, dated 22.08.2023, the Government has sanctioned 5 Additional DM & HO Offices in GHMC area in addition to the existing DM & HO. With the sanction of 5 new DM & HO offices, the State has 38 DM & HO Offices. It is further clarified, at para 3 A (iv) thereof, that out of 38 DM & HOs, 10 DM & HOs shall be ADPHOs, which goes to show that both the cadres are equivalent in nature. Further, as per Annexure II-B appended to G.O.Ms.No.142, dated 22.08.2023, one DM & HO/ADPHO was sanctioned to Medchal-Malkajgiri District. Thus, there is a sanction of only one post to Medchal-Malkajgiri.

11) Further, as can be seen from G.O.Ms.No.24, Finance (HRM-1) Department, dated 08.02.2017, consequent to formation/ reorganization of Districts, Revenue Divisions and Mandals in the State of Telangana, the Government has issued orders distributing the available cadre strength among the Districts. A perusal of the annexures appended to the said G.O. makes it abundantly clear that only one ADPHO post has been allocated to Medchal District and no District Medical & Health Officer post has been allotted to Medchal District. Therefore, this Court is of the view that when the petitioner is already working as ADPHO in Medchal-Malkajgiri District, the respondents ought not have posted the third respondent in the place of the petitioner. Therefore, G.O.Rt.No.584, Health, Medical and Family Welfare (B) Department, dated 04.10.2023, issued by respondent No.1 and the proceedings in Rc.No.4510/E1-B/2023, dated 06.10.2023, issued by respondent No.2 are set aside to the extent of posting respondent No.3 at Medchal-Malkajgiri and the respondents are directed to continue the petitioner as ADPHO at Medchal- Malkjgiri.

12) Accordingly, the Writ Petition is allowed."

12. The order of the learned Single Judge appears to be based

on the Annexure to the G.O.Ms.No.142, dated 22.08.2023. A

careful reading of the said document shows that the designation is

shown as DM&HO/ADPHO and in Medchal-Malkajgiri District

only one post is shown. Thus, the order of the learned Single

Judge is based on a plausible consideration of the document and

the said finding cannot be said to be perverse. If the argument of

the learned Senior Counsel for the appellant is accepted that there

existed two posts of ADPHO and DM&HO in Medhcal-Malkajgiri

District, there was no occasion for the department to

transfer/shift respondent No.3 upon promotion and posting of the