APHC010319272025 IN THE HIGH COURT OF ANDHRA PRADESH/ AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16089 OF 2025 Between: Dr. P Rahila, D/o. P. Madduleti, Aged about 45 years, Occ: Civil Assistant Surgeon (Gynaec) Community Health Centre, Panyam, (under order of transfer to CHC, Allagadda), Nandyal District Erstwhile 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, Health and Family Welfare Department, Secretariat, Velagapudi, Amaravathi. 3. The Director, Directorate of Secondary Health Services, Pathur Road, Kunchanpalli, Tadepalli, Guntur District. ^ 4. The District Coordinator of Hospital Services, Kurnool, 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 Rc. No. 12025/22/2025-MEDICAL dated 17.06.2025 of the 3rd respondent in transferring the petitioner from Community Health Centre, Panyam to Community HealtfTCentre, Allagadda without considering the option^xercised by the petitioner choosing the 1st place of posting at CHC, Midthur under medical grounds quoting the said vacancy is not available inspite of the fact that the said post at CHC, Midthur is available since 2024 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 posted to Community Health Centre, Midthur as per her option under medical grounds in terms of guidelines issued by the Government in G.O.Ms.No.23^ted 15.05.2025. 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 2 and 3 to re-consider the case of the petitioner for issuing modification of transfer orders to the petitioner for posting to CHC, Midthur in the existing vacancy under medical grounds by suspending the operation o^e impugned proceedings Rc.No.12025/^025-MEDICAL dated 17.6.2025 of the 2nd respondent to the extent of the petitioner, 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: APHC010319272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16089/2025 Between; 1.P RAHILA, D/0. P. MADDULETI, AGED ABOUT 45 YEARS, OCC CIVIL ASSISTANT SURGEON (GYNAEC) COMMUNITY HEALTH CENTRE, PANYAM, (UNDER ORDER OF TRANSFER TO CHC, ALLAGADDA), NANDYAL DISTRICT ERSTWHILE 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, HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3.THE DIRECTOR, DIRECTORATE OF SECONDARY HEALTH SERVICES, PATHUR ROAD, KUNCHANPALLI, TADEPALLI, GUNTUR DISTRICT. 4.THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, KURNOOL, ERSTWHILE KURNOOL DISTRICT. ...RESPONDENT(S): 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 CGR, J. W.P.No.16089 of 2025 writ of MANDAMUS by declaring the Impugned proceedings Rc. No. 12025/22/2025-MEDiCAL dated 17.6.2025 of the 3RD respondent in transferring the petitioner from Community Health Centre, Panyam to Community Health Centre, Allagadda without considering the option exercised by the petitioner choosing the 1ST place of posting at CHC, Midthur under medical grounds quoting the said vacancy is not available inspite of the fact that the said post at CHC, Midthur is available since 2024 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 posted to Community Health Centre, Midthur as per her option under medical grounds in terms of guidelines issued by the Government in G.O.Ms.No.23 dated 15.5.2025 and to pass Counsel for the Petitioner: 1.VADAPALLI RAMESH Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: C-GR, J. W.P.No.16089 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.16089 of 2025 ORDER: Heard Sri Vadapalli Ramesh, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 2. Petitioner, who is working as Civil Assistant Surgeon (Gynaecology) at Community Health Centre, Panyam, had since completed more than five years service at the present station, she has been subjected to general transfers. In the process of counselling, she had made choices of three places i.e.. Community Health Centre, Midthur, Community Health Centre, Allagadda and Community Health Centre, Owk, however, by impugned transfer orders, petitioner has been transferred to second preferred station at Allagadda, though one Dr.A.G.Sushma, has also in the transfers has been moved to Community Health Centre, Midthur, later she appeared to join at State Cancer Institute at Kurnool and has reported for duty on 13.05.2025. As the said station i.e.. Community Health Centre, Midthur, being petitioner’s first choice of option and the same has not been considered on account of Dr.A. G. Sushma, being transferred there which later fell vacant, petitioner has preferred the present writ petition. CGR, J. W.P.No.16089 of 2025 Learned counsel for the petitioner has drawn attention of this Court to the proceedings, dated 20.05.2025, by which. Dr. A. G. Sushma, CAS, came to be appointed as C.A.S, and posted at State Cancer Institute, Kurnool, in view of the same, it is contended that the post at Community Health Centre, Midthur, being vacant, as the same is petitioner’s first choice of preference, she ought to have been transferred there rather than at her second place of choice. 3. Learned Assistant Government Pleader for Services-I appearing 4. for the respondents has placed on record written instructions stating that as petitioner has completed eight years two months and 18 days at the present station, she has been transferred and at the first preference place one Dr.A.G. Sushma came to be transferred. However, the said instructions do not refer to Dr.A.G. Sushma, being later moved to State Cancer Institute at Kurnool and existence of vacancy at Community Health Centre, Midthur. Learned counsel for the petitioner in view of the aforesaid facts 5. and circumstances would urge to direct the respondents to reconsider the impugned transfer proceedings in the light of vacancy at Community Health Centre, Midthur, which is the first option of petitioner. '"t CGR,J. W.P.No.16089 of 2025 In view of the aforesaid submissions of both the learned 6. counsel, this Court deems it fit to dispose of the writ petition by directing respondents 2 and 3 to reconsider the transfer of petitioner having regard to the vacancy, if any, existing at Community Health Centre, Midthur, being first choice of preference of the petitioner and pass appropriate orders within ten days from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to 7. costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// ^ t SECTION OFFICER To, 1. The Principal Secretary, Financ^epartment, Secretariat, Velagapudi, Amaravathi. 2. The Special Chief Secretary, Medical, Health and Department, Secretariat, Velagapudi, Amaravathi. 3. The Director, Directorate of Secondary Health Services Kunchanpalli, Tadepalli, Guntur District. 4. The District Coordinator of Hospital Services, Kurnool, 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 Family Welfare Pathur Road, TF HIGH COURT DATED:07/07/2025 ORDER WP NO. 16089 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS