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2025 DAILYLAW 23136 (AP)

B SWAROOPA v. THE STATE OF ANDHRA PRADESH

WP/16277/2025 · 2025-07-01

Challa Gunaranjan

body2025

Judgment text

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APHC010326162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16277/2025 Between: 1. B SWAROOPA, W/O. M. RAJENDRA NAIK, AGED ABOUT 41 YEARS, OCC RADIOGRAPHER, PRIMARY HEALTH CENTRE, PAYASAMPALLI, KADAPA DISTRICT, (NOW UNDER ORDER OF TRANSFER TO SVRR GOVERNMENT GENERAL HOSPITAL, TIRUPATHI, ERSTWHILE CHITTOOR 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 OF PUBLIC HEALTH AND FAMILY WELFARE, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 4. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH 2 SERVICES, ZONE-IV, 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 topleased to issue writ or order more particularly one in writ of MANDAMUS by declaring the impugned proceedings vide Rc.No.773/Gen.Trs/2025 dated 17.6.2025 of the 4th respondent in transferring the petitioner from Primary Health Centre, Payasampalli to SVRR Government General Hospital, Tirupathi, without considering the medical grounds and spouse grounds for retainment in the same place or for transfer to nearest place and also in not notifying the vacancies available at Government General Hospital, Kadapa, which is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently quash and set aside the same by declaring that the petitioner is entitled for retainment at PHC, Payasampalli or for consideration of any one of the nearest vacancies available at GGH, Kadapa under medical and spouse grounds and to pass IA 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 respondents 2 to 4 to re-consider the case of the petitioner for transfer and posting to nearest Government Kadapa under medical and grounds by considering the representation dated 19.6.2025 of the petitioner, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. VADAPALLI RAMESH Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 The Court made the following: Petitioner assails the transfer proceedings in Rc.No.773/Gen/Trs./2025 dated 17.06.2025 passed by the 4th respondent. Petitioner is working as Radiographer at PHC, Payasampalli, Kadapa District. As she completed more than five years, she has been placed under compulsory transfer, therefore, she opted for five places. However, petitioner came to be transferred to the station of Tirupati, other than her choice of place. Though posts, where she opted for, are vacant she has not been considered even though posts were shown vacant at that relevant point of time. Petitioner submitted representation dated 19.06.2025 for re-consideration of her transfer, which is stated to be pending. 2. Heard Sri Vadapalli Ramesh, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submits that, as the petitioner has already joined at the new station, in view of pendency of her representation, the 3rd respondent may be directed to consider the same and pass orders. 4 4. Learned Assistant Government Pleader for respondents submits that the request of the petitioner would be considered in accordance with law. 5. In view of the aforesaid submissions, with the consent of both the learned counsel, the writ petition is disposed at admission stage directing the 3rd respondent to consider and pass appropriate orders on the petitioner representation dated 19.06.2025, within a period of two (02) week from the date of receipt of a copy of the order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 02.07.2025 ANS 5 106 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16277/2025 Date: 02.07.2025 ANS