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2025 DAILYLAW 21691 (AP)

S MANGA RAJU v. THE STATE OF ANDHRA PRADESH

WP/15327/2025 · 2025-06-26

Challa Gunaranjan

body2025

Judgment text

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APHC010305682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15327 OF 2025 Between: S Manga Raju, S/o. Rama Krishna Aged about 60 years, Occ: Administrative Officer, King Gorge Hospital, Visakhapatnam, Under order of transfer to Government Medical College, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep by its Special Chief Secretary, Medical, Health and Family Welfare Department, Velagapudi, Amaravathi. 3. The Director of Public Health and Family Welfare, A.P., Vijayawada, Krishna District. 4. The Superintendent, King Gorge Hospital, Visakhapatnam. 5. The Principal, Government Medical College, Srikakulam District. ...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 impugned proceedings vide Rc.No. 152025/E5.A/2025 dated Secretariat, 19.06.2025 of the 3rcl respondent in transferring the petitioner to Government Medical College, Srikakulam contrary to the G.O.Ms.No.23 dated 15.05.2025 and guidelines issued in consequential guidelines issued in G.O.Rt.No.344 dated 31.05.2025 by the 2nd respondent and also contrary the options exercised by the petitioner under Medical Grounds arbitrary and violative of Article 14 and 16 of the Constitution of India to as illegal, and consequently quash and set aside the same as bad under law and direct the respondents to retain the petitioner at KGH, Visakhapatnam or transfer to any place as per his options. lA NO: 1 OF 2Q2fi 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 respondent No.3 to strictly effect transfer as per the place of options opted by the petitioner for transfer counseling as per the guidelines issued G.O.Ms.No.23 dated 15.05.2025, by suspending impugned proceedings vide Rc. No. 152025/E5. A/2025 19.06.2025 respondent pending disposal of the main writ petition. lA NO: 2 OF 207Fi in the operation of the of the 3rd 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 eased to direct the respondents to retain the petitioner at KHG Visakhapatnam under medical grounds, pending disposal of petition. the main writ Counsel for the Petitioner: SRI VADAPALLI RAMESH Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010305682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15327/2025 [3506] Between: 1.S MANGA RAJU, S/0. RAMA KRISHNA AGED ABOUT KING GORGE HOSPITAL, OF TRANSFER TO GOVERNMENT MEDICAL COLLEGE, SRIKAKULAM DISTRICT. ...PETITIONER 60 YEARS OCC ADMINISTRATIVE OFFICER, VISAKHAPATNAM UNDER ORDER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VELAGAPUDI, AMARAVATHI. SECRETARIAT, 2. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL SECRETARY, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI. AMARAVATHI. 3.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE A P VIJAYAWADA, KRISHNA DISTRICT. 4.THE VISAKHAPATNAM. 5.THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE SRIKAKULAM DISTRICT. CHIEF SUPERINTENDENT, KING GORGE HOSPITAL, ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue writ or order more particularly MANDAMUS by declaring the Petition under Article 226 of the Constitution of India one in writ of impugned proceedings vide Rc.No. 152025/E5.A/2025 dated 19.6.2025 of the 3RD respondent in transferring the petitioner to Government Medical College, Srikakulam contrary to the guidelines issued in G.O.Ms.No.23 dated 15.5.2025 and consequential guidelines issued in G.O.Rt.No.344 dated 31.5.2025 by the 2ND respondent and also contrary to the options exercised by the petitioner under Medical Grounds as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently quash and set aside the same as bad under law and direct the respondents to retain the petitioner at KGH, Visakhapatnam or transfer to any place as per his options and to pass 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 Pleased to direct the respondent No.3 to strictly effect transfer as per the place of options opted by the petitioner for transfer counseling as per the guidelines issued in G.O.Ms.No.23 dated 15.5.2025, by suspending the operation of the impugned Rc. No. 152025/E5. A/2025 19.6.2025 of the 3RD respondent pending disposal of the main writ petition and to pass lA NO: 2 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 eased to direct the respondents to retain the petitioner at KHG, Visakhapatnam under medical grounds, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1.VADAPALLI RAMESH Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.15327 of 2025 ORDER: Present writ petition challenges proceedings vide RC.NO.152025/E5.A/2025, dated 19.06.2025, issued by 3'^ respondent transferring petitioner from King George Hospital Visakhapatnam, to Government Medical College, Srikakulam. 2. Petitioner submits that he is suffering with Heart ailment and required to undergo medical treatment, which is available only at Visakhapatnam, and since he has been posted at Srikakulam, where there are no facilities for treating the ailment as being suffered by petitioner, it would cause immense hardship to him. Further, even as per transfer guidelines, such cases are required to be given preference. Learned counsel for petitioner submits that petitioner is 3. willing to make appropriate application before 2"^ respondent setting out these factors for reconsideration of the transfer and would urge to enable him to do so. In view of aforesaid submissions, having regard to the fact 4. that petitioner claims to have serious heart problem and in order CGR, J W.P. No. 15327 of 2025 to mitigate his need for having specialized writ petition is disposed of in following terms; Petitioner is medical attention, this a) given liberty to make 2"“ respondent seeking review of transfer; and On such request being made, 2"o respondent shaii the same in terms of G.O.Ms.No.23, dated 15.05.2025 and appropriate orders within two weeks from the date copy of this order. representation to b) consider pass of receipt of There shall be no order as to costs. As a sequel, consideration, if any, shall stand closed. interlocutory applications pending Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi. The Special Chief Secretary, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravathi. The Director of Public Health and Family Welfare, A.P., Vijayawada, Krishna District. The Superintendent, King Gorge Hospital, Visakhapatnam. The Principal, Government Medical College, Srikakulam District. One CC to Sri Vadapalli Ramesh Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. 8. TF HIGH COURT DATED:27/06/2025 ORDER WP NO. 15327 OF 2025 I H JUi 7m mj ^ . Current Secnon . DISPOSING OF THE W.P., WITHOUT COSTS