Extracted from the PDF above. The PDF is authoritative.
APHCOI0283822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE— TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14310 OF 2025 , Between: V Srinivasulu, S/o. V. Sivaiah, Aged about 57 years, Occ: Chief Pharmacy Officer, O/o. The District Coordinator of Hospital Services, Nandyal, Nandyal Dist, (erstwhile Kurnool District ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi. The State of Andhra Pradesh, Rep by its Special Chief Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravathi. The Director, Directorate of Secondary Health Services, PathurRoad, Kunchanpalli, Tadepalli, Guntur District. The District Coordinator of Hospital Services, Nandyal, Nandyal District Erstwhile Kurnool District. 1. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order more particularly one in writ of mandamus by declaring the action of the respondents in rejecting the claim of the petitioner for retention under medical grounds of permanent disability 84 percenrt of Physically Handicapped and Cardiac Health issue and extending the benefit of exemption only to the Visually Handicapped quota employees as illegal. arbitrary and violaitve of Article^H and 16 of the Constitution of India and consequently direct the respondents 1 to 3 to consider the request of the petitioner for exemption for transfers under Physically Handicapped quota^— lA NO: 1 OF 2025 ^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider case of the petitioner for exemption from transfer under the Physically Handicapped quota by considering his representation dated 5.6.2025, pending disposal of the main writ petition.,...
Counsel for the Petitioner: SRI VADAPALLI RAMESH ^ Counsel for the Respondents: GP FOR SERVICES I / The Court made the following order:
APHC010283822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14310/2025 Between: ...PETITIONER V Srinivasulu AND ...RESPONDENT(S) The State of A.P. and Others Counsel for the Petitioner:
1.VADAPALLI RAMESH Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following:
ORDER: The present writ petition is filed seeking the following relief:
“to issue writ or order, more particularly, one in the nature of writ of MANDAMUS by declaring the action of the respondents in rejecting the claim of the petitioner for retention under medical grounds of permanent disability 84 per cent of Physically Handicapped and Cardiac Health issue and extending the benefit of exemption only to the Visually Handicapped quota employees, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the respondents 1 to 3 to consider the request of the petitioner for exemption for transfers under Physically Handicapped quota and to pass...”
CGR, J. W.P,No.14310 of 2025 #
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents.
3. Petitioner claims to be a locomotive disabled person with 84% orthopaedic disability and he is presently working as Chief Pharmacy Officer at Nandyal. In the process of general transfers, petitioner sought to retain him at the same place, however, he has been transferred to Guntakallu, by proceedings in Rc.No.01/DSH/GT- 2025/PM/2025, dated 16.06.2025, issued by the 3''^ respondent the ground that he already has been stayed in the said station beyond five years. Petitioner has made representation, dated 05.06.2025, to the 3'"^ respondent requesting to consider his case for exemption from transfer in view of his peculiar condition. , on
4.
Learned counsel for the petitioner submits that though G.O.Ms. No.23 Finance (HR.I-PLG.& Policy) Department, dated 15.05.2025, confines exemption from transfers only to visually challenged employees, in the peculiar facts and circumstances of the present case, respondents are required to consider the request of the petitioner, though petitioner has made representation, dated 05.06.2025, the same has not been considered.
CGR, J. W.P.No.14310 of 2025
5. Learned Assistant Government Pleader for Services-I appearing for the respondents, on the other hand, by placing reliance on the written instructions, has contended that the general guidelines only provided exemption for visually challenged employees, but, not physically challenged employees, who otherwise are only extended benefit of preference of choice.
6. Petitioner based on medical certificate, dated 05.01.2018, asserts that he has disability of 84% and he has serious problems of mobility, therefore, claims his case to be considered on par with the visually challenged employees, who are exempted from transfers. Though this Court is conscious that no such exemption has been provided for to the persons with locomotive disabilities, taking into
consideration the peculiar facts and circumstances of the present case and having regard to the condition of the petitioner, his case requires to be considered. In view of the same, the writ petition is disposed of directing the
7. 3^*^ respondent to forward the request of the petitioner within one week to respondents 1 and 2, who are competent to take decision on the request of the petitioner for exemption from transfers having regard to his peculiar situation and, in turn, respondents 1 and 2 are directed
CGR, J. W.P.No.14310 of 2025 to consider the same and pass appropriate orders within three weeks the date of receipt of such representation from the from respondent. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// ^l^l^rO^FICER SE To,
1. The Principal Secretary, Finance Department, State of AP, Secretariat, Velagapudi, Amaravathi.
2. The Special Chief Secretary, Medical, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi,
"" Amaravathi.
3. The Director, Directorate of Secondary Health Services, PathurRoad^ Kunchanpalli, Tadepalli, Guntur District.
4. The District Coordinator of Hospital Services, Nandyal, Nandyal District Erstwhile Kurnool District.
5. One CC to Sri. Vadapalli Ramesh Advocate [OPUC]
6. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT]
7. Three CD Copies / gsc
HIGH COURT DATED:25/06/2025
ORDER WP 14310/2025 DISPOSING THE WP WITHOUT COSTS