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High Court of Andhra Pradesh · body

2025 DAILYLAW 23971 (AP)

G SUBBALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/17270/2025 · 2025-07-10

Challa Gunaranjan

body2025

Judgment text

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i ‘ h APHC010338362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE CHALLA WRIT PETITION NO: 17270 OF 709 7. gunaranjan Between: G. Subbalakshmi. D/o. K Govindaiah, Resident of D.No.2-136, G.D.Nellore District Age about 45 years, Occ Sister Tutor, H/w. Gangadhara Nellore, Chittoor ...PETITIONER AND 1. The State of Andhra Pradesh, & Health Department, Secretariat 2. The Regional Director Kadapa District. Rep. by its Principal Secretary, Medical . Velagapudi, Guntur District, of Medical & Health Department, Kadapa ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated i pleased to issue of India praying that in the in the affidavit filed therewith, the High an appropriate Writ, Order in the nature of Writ of Mandamus Court may be or direction more particularly declaring the action of the one respondents re partrculariy Respondent No.2 in posting the petitioner at Male Training School as Govt. MPHW(F), Kadapa, without considering her request for P St,ng her at Trrupati where there is a ciear vacancy as the existing officer is go promoted and posted at Kadapa, instead of posting the petitioner Tirupati by considering her at representation on 17.06.2025, 03.07.2025 and 04.07.2025 for reconsideration of the transfers as she was forcefully transferred to Kadapa which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the 2 respondent to reconsider the transfer of the petitioner from MPHW(M) Training School, Kadapa to PHN(T), Tirupati in which a clear vacancy is available by considering the representations of the petitioner 17.06.2025, 04.07.2025 and 03.07.2025 and by following the rights of the disabled persons . nd 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 2"'^ Respondent to consider the representations of the petitioner 17.06.2025, 03.07.2025 and 04.07.2025 for transferring her from MPHW(M) Training School, Kadapa to PHN(T), Tirupati pending disposal of the above writ petition. Counsel for the Petitioner; SRI ELURU SESHA MAHESH BABU Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES I The Court made the following order: W ■ APHC010338362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.17270 of 2025 Between: 1.G. SUBBALAKSHMl, D/o. K GOVINDAIAH, AGE ABOUT 45 YEARS, OCC: SISTER TUTOR, RESIDENT OF D.No.2-136, G.D.NELLORE, H/W, GANGADHARA NELLORE, CHITTOOR DISTRICT. ...PETITIONER AND REP. BY ITS MEDICAL & HEALTH SECRETARIAT, VELAGAPUDI, GUNTUR 1.THE STATE OF ANDHRA PRADESH PRINCIPAL SECRETARY, DEPARTMENT, DISTRICT. 2.THE REGIONAL DIRECTOR OF MEDICAL & HEALTH DEPARTMENT, KADAPA, 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly Respondent No.2 in posting the petitioner at Male Training School Govt. MPHW(F), Kadapa, without considering her request for posting her at Tirupati where there is a clear vacancy as the existing officer is got promoted and posted at Kadapa, instead of posting the petitioner at Tirupati by considering her representation on 17.06.2025, 03.07.2025 and 04.07.2025 for reconsideration of the as 2 CGR,J W.P.No.l7270of2025 transfers, as she was forcefully transferred to Kadapa which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the 2'^*^ respondent to reconsider the transfer of the petitioner from MPHW(M) Training School, Kadapa to PHN(T), Tirupati in which a clear vacancy is available by considering the representations of the petitioner 17.06.2025, 04.07.2025 and 03.07.2025 and by following the rights of the disabled persons and pass such other order or orders may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1.ELURU SESHA MAHESH BABU Counsel for the Respondent{S); 1.GP FOR SERVICES I The Court made the following: 3 CGR,J W.P.No.l7270of2025 ORDER: Heard Sri Eluru Sesha Mahesh Babu, learned counsel for petitioner, and learned Government Pleader for Services-I for respondents. Petitioner was working as Sister Tutor in Government MPHW (F) Training School at Chittoor. As she has completed more than 6>2 years at the same station, during general transfers, she has now been transferred to Government MPHW (M) Training School at Kadapa. She claims to be physically disabled with 55% disability. She opted for retention at same place as first option, besides opting for three different training schools at Chittoor, Tirupati and Kadapa. The present station is stated to be in none of aforesaid options. Therefore, petitioner has made representations dated 17.06.2025, 03.07.2025 and 04.07.2025 to 2^^ respondent, requesting to consider her transfer, having regard to her physical disability and also availability of vacancies at Tirupati, which are stated to be pending. 2. re learned counsel for petitioner submits that as petitioner is physically handicapped and the present station to which she has been transferred being located in third floor, she is not in a position to attend duties in the present station. Besides, even the Medical Officer of the present station has sought for clarification with respect to her suitability to join at the said station, as the post which is 3. 4 CGRJ W.P.No.l7270of2025 available there is that of PHN(T), whereas the petitioner holds the designation of Sister Tutor. 4. Learned Assistant Government Pleader appearing for respondents submits that transfers are effected in terms of the applicable guidelines and as petitioner was found to be in the same station for more than six years and having regard to the options exercised and availability of stations, she came to be transferred, however, as petitioner has made representations, the same would be considered in accordance with transfer guidelines. 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 2'^'^ respondent to consider and pass appropriate orders on petitioner’s representations dated 17.06.2025, 03.07.2025 and 04.07.2025, for re-consideration of the transfer already effected, keeping in view petitioner’s preferences and also availability of vacancies at stations preferred by her. The said exercise shall be completed within a period of ten days from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Medical and Health Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Regional Director of Medical and Health Department, Kadapa, Kadapa District. 3. One CC to Sri Eluru Sesha Mahesh Babu, Advocate [OPUC] 4. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. ssb ■ HIGH COURT DATED:11/07/2025 ORDER WP No.17270 OF 2025 3r 1 6 JUL 2025 >^>s£urTent SectiojvXw rn o> DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS