N IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010308692025 (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: 15397 OF 2025 Between: Dr. P. Sujatha, D/o. P.Ch. Rama Subba Reddy, Aged about 49 years, Occ Civil Surgeon Specialist Area Hospital, Banaganpalli Kurnool 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, Secretariat, Velagapudi, Health and Family Welfare .Department Amaravathi. 3. The Director, Directorate of Secondary Health Services, Pathur Road, Kunchanpalli, Tadepalli, Guntur District. 4. The District Coordinator of Hospital Services, Nandyal, Nandyal District Erstwhile Kurnool 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 G.O.Rt.No.406 dated 19.6.2025 of the 2nd respondent and consequential proceedings of the 4th respondent vide Rc.No.328/E2/DCHS/2025 dated 21.6.2025 in transferring the petitioner from Area Hospital Banaganapalli to District Hospital, Proddatur denying the exemption for retention of Office Bearers in terms of Circular Memo dated 15.6.2022 and G.O.Ms.No.23 dated 15.5.2025 and considering the same to the similar Office Bearer of the same Association as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently quash and set aside the same by holding that the petitioner is entitled to be retained at Area Hospital, Banaganepalli in terms of Circular Memo dated 15.5.2025 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 continue the petitioner at Area Hospital, Banaganapalli as Civil Surgeon .Specialist (Cynic) by suspending the operation of the impugned proceedings vide G.O.Rt.No.406 dated 19.6.2025 and consequential proceedings vide Rc.No.328/E2/DCHS/2025 dated 21.6.2025 of the 4 respondent, pending disposal of the main writ petition Counsel for the Petitioner: SRI VADAPALLI RAMESH Counsel for the Respondents No.1 to 4: GP FOR SERVICES I The Court made the following: Order .V ■ APHC010308692025 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: 15397/2025 Between: Dr.p. Sujatha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VADAPALLI RAMESH Counsel for the Respondent(S): 1.GP FOR SERVICES I w The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief;- “...to issue an appropriate a Writ order or order more particularly one in writ of MANDAMUS by declaring the Impugned proceedings vide 19.06.2025 of the 2^^ respondent and consequential proceedings Rc. No. 328/E2/DCHS/2025 dated 21.06.2025 in transferring the petitioner from Area Hospital Banaganapalli to District Hospital Proddatur denying the exemption for retention of Office Bearers in terms of Circular Memo dated 15.6.2022 and G.O.Ms.No.23 dated 15.05.2025 and considering the same to the similar Office Bearer of the same Association as illegal arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently quash and set aside the same by holding that the petitioner is entitled to be retained at Area Hospital Banaganapalli in terms of Circular Memo dated 15.05.2025 and to pass such other order or orders....” G.O.Rt.No.406 dated 4‘^ respondent vide of the Heard Sri Vadapalli Ramesh, learned counsel for petitioner and learned 2. Assistant Government Pleader for Services-I for respondents. Petitioner is presently working as Civil Surgeon Specialist, Area 3. Hospital, Banaganpalli, Kurnool District. She has been elected as Associate President of A.P. Government Employees Association during the elections held on 12.11.2024, and as of now she is holding position as one of the Office Bearers. In the ongoing general transfers, petitioner has chosen to retain her at Banaganpalli or in alternative be transferred at Dhone or Proddatur. Petitioner has claimed the retention based on the exemption provided for Office Bearers of registered associations. Initially, provisional list of Civil Surgeons Specialist (Gynecologist) who are long standing as on 31.05.2025 has been communicated, which recorded that petitioner has not provided the documentary evidence claiming such exemption. Objections were called for to the said provisional list to be submitted on or before 11.06. 2025. Petitioner has submitted the required documentary evidence in that regard, Respondent No.4 has thereafter submitted the Grievance Redressal Report dated 11.06.2025 setting out that petitioner has submitted the required documents, however, without referring to the same by G.O.Rt.No.406 dated 19.06.2025, petitioner has been transferred from present station at Banaganpalli to District Hospital at Proddutur. Learned counsel for the petitioner submits that the impugned transfer is without considering the case of the petitioner for retention at Banaganpalli in view of the exemption granted under clause 5(v)(a) of G.O.Ms.No.23 dated 4. 15.05.2025. Learned Assistant Government Pleader for Services I appearing for respondents would submit that as petitioner has chosen three options, her case has been considered depending on the same. However, he does not refute the contention that the petitioner is entitled to be considered for exemption as she holds the position of Office Bearer in recognized association. 5. 6. In view of the said submission, having regard to the fact that respondent No.4 as in proceedings dated 11.06.2025 reported that petitioner has submitted the supporting documents to claim the benefit of exemption as even not being considered by respondents Office Bearer, which apparently is before affecting the transfer, the writ petition is disposed in following terms; reconsider the request of petitioner with Office bearer, after examining the report vide proceedings dated appropriate orders in dated 15.05.2025 within a period of two Respondent No.2 is directed to regard to the claim for exemption as documents furnished and supporting 11.06.2025 issued by respondent No.4 and pass accordance with G.O.I\/ls.No.23 the date of receipt of a copy of this order. weeks from It is slated that petitioner is still continuing at present station and that no has been posted there. Therefore, till aforesaid exercise shall be allowed to continue in the existing station. IS other person completed, petitioner stands disposed of. There shall be no Accordingly, the Writ Petition 7. order as to costs. , shall stand As a sequel, miscellaneous applications, pending if any closed. sdf- K. TATA RAO deputy REGIS I //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Finance Department Secretariat Velagapudi, Amaravathi 2. The Special Chief Secretary State of Andhra Pradesh, Medical, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravathi. Directorate of Secondary Health Services, Pathur Road, 3. The Director, 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. Two CD Copies gsg HIGH COURT DATED: 25/06/2025 ORDER WP 15397/2025 0 7 JUL 2025 mis cuM DISPOSING THE WP WITHOUT COSTS