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2025 DAILYLAW 23086 (AP)

S NOOR AHAMED BASHA v. THE STATE OF ANDHRA PRADESH

WP/16416/2025 · 2025-07-02

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f APHC010324582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16416 OF 2n9fi Between: S. Noor Ahamed Basha, S/o Late Shaik Ismail 1-27, Afzal Khan Colony, Devuni Kadapa Road, Primary Health Centre, Chakrayapeta, YSR Kadapa District. age 54 Years, D.No.32/109- Occ Senior Assistant, ...PETITIONER AND 1. The State of Andhra Pradesh, Represented Secretary, Health, Medical and Family Welfare Department, Buildings(5th Block), Velagapudi, Guntur District. 2. The Director of Public Health Vijayawada, Krishna District. 3. The Regional Director of Medical and Health Services, Kadapa District. by its Special Chief Secretariat and Family Welfare, Gollapudi, Kadapa, YSR ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a Wnt, order or direction of Writ of Mandamus declaring the action of the 2 praying that in the the High Court may be more particularly one in the nature nd and 3'"^ respondents not considering the Representation dated 23.6.2025 to the 3™ respondent and Representation dated 25.6.2025 to the 2nd respondent as illegal, arbitrary and contrary to law and violation of guide lines issued in G.O.RT. No. 344 dated 31.05.2025 and violation of provisions of Article 14, 16 of constitution of India and further direct the 2"^^ and 3^^^ above representations within two Weeks. respondents consider the petitioners 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 2""^ and 3"'^ respondents to consider the petitioner’s representations dated 23.6.2025 and 25.6.2025 within two Weeks. Counsel for the Petitioner: SRI T. V. V. KOTESWARA RAO Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I The Court made the following order: r APHC010324582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3506] hT-V-h THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16416/2025 Between: 1.S NOOR AHAMED BASHA, , S/0 LATE SHAIK ISMAIL, AGE 54 YEARS, D.NO.32/109-1-27, AFZAL KHAN COLONY, DEVUNI KADAPA ROAD, OCC SENIOR ASSISTANT, PRIMARY HEALTH CENTRE, CHAKRAYAPETA, YSR KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT BUILDINGS(5TH DISTRICT. SECRETARIAT BLOCK), VELAGAPUDI, GUNTUR 2.THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, KADAPA, YSR KADAPA 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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents not HCGRJ W.P.No.16416 of 2025 considering the Representation dated respondent and 23.6.2025 to the 3rd Representation dated 25.6.2025 to the 2nd respondent as illegal, arbitrary and contrary to law and violation of gude lines issued in G.O.RT. No,344 dated 31 05 2025 violation of provisions of Article 14, 16 of constitution of India and further direct the 2- and 3- respondents consider the petitioners above representations within two Weeks and pass such and lA NO: 1 OF 207.5 Petition under Section the High Court may be pleased may be pleased to direct the 2nd w consider the petitioner’s representations dated 23.6.2025 and 25..6.2025 within two Weeks and pass such Counsel for the Petitioner; 1.T VVKOTESWARARAO Counsel for the Respondent(S): 1.GPFOR SERVICES I 151 CPC praying that in the 3 HCGR.J W.P.No.l6416of2025 The Court made the following Order: Petitioner, working as Senior Assistant at Primary Health Center, Chakrayapeta, YSR Kadapa District, has now been generally transferred. However, despite his request to be transferred to the place of choice preferred by him, he has been retained in same place. One of the employees, who is junior to him in the seniority list, is stated to have been transferred to one of the place of choice preferred by petitioner. Therefore, petitioner submitted representations dated 23.06.2025 and 25.06.2025 to respondent Nos.2 and 3, which are pending. 2. Heard Sri T.V.V.Koteswara Rao, learned counsel for the \ \ petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider the aforesaid representations. 4. Learned Assistant Government Pleader appearing on behalf of respondents has placed on record written instructions dated 01.07.2025 and stated that transfers are affected strictly in accordance with transfer guidelines. However, as the petitioner has made representations, the same will be considered in accordance with law. ip HCGRJ W.P.No.l6416of2025 5. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage, by directing respondent Nos.2 and 3 to consider representations dated 23.06.2025 and 25.06.2025 and petitioner’s pass appropriate orders, strictly in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd^ N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTibN OFFICER To, 1. The Special Chief Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings(5*'^ Block), Velagapudi, Guntur District. 2. The Director of Public Health and Family Welfare, Gollapudi, Vijayawada, Krishna District. 3. The Regional Director of Medical and Health Services, Kadapa, YSR Kadapa District. 4. One CC to Sfi T. V. V. Koteswara Rao, Advocate [OPUC] 5. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies ssb HIGH COURT DATED:03/07/2025 ORDER WP No.16416 OF 2025 ^ 1 ^ JUL 2025 ^S>Qiifront Sectioji.-''^^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS