APHC010342602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 17294 OF 2025 Between: Dr. V.Nooka Raju, S/o. V.Pydithalli (late), aged about 61 years, Occ: Professor in Pulmonary Medicine, Govt. General Hospital, Kadapa, R/o. Flat No.260, Vinyas Apartment, Near Shilparamam, Kadapa ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary to the Govt Health, Medical and Family Department, Velagapudi, Amaravati, Guntur District. 2. The Director of Medical Education, Govt., of Andhra Pradesh, Vijayawada, Krishna District. 3. The AddI Director of Medical Education Superintendent, Govt. General Hospital, Kadapa. 4. Dr V Surya Kumari, W/o Not Known, Professor of Pulmonology, Rangaraya Medical College, Kakinada, (RMC), Now Kakinada District, 5. Dr T Rama Swamy, Professor of TB and CD, Government Medical College, Ananthapuram Government Medical College, Ongole. Secretariat Buildings Presently under orders of transfer to ...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 a writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondent in issuing Welfare (A1) department, Andhra Medical College, GORt.No.433 Health, Medical and Family 27-06-2025 posting the Respondent at Visakhapatnam without considering the request of the petitioner, and 5 Respondent mutually for posting to Andhra Medical College, Visakhapatnam Government Medical College, Kadapa respectively is arbitrary, illegal, colourable exercise of power and contrary to the guidelines and to set aside the same and to issue a consequential direction to the Respondent to consider the case of the petitioner and the 5th Respondent for posting as a Professor of Pulmonology, Andhra Medical College, Visakhapatnam, and Government Medical College, Kadapa respectively. 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 1®^ Respondent to consider the case of the petitioner by suspending the GORt.No.433 Health, Medical and Family Welfare (A1) department, 27-06-2025 issued by the 1®‘ Respondent. Counsel for the Petitioner: SRI A.RAJENDRA BABU Counsel for the Respondents: GP FOR SERVICES-I The Court made the following order: th APHC010342602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17294 OF 2025 Between: Dr. V.Nooka Raju ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ARAJENDRABABU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) f THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17294 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondent No.1 in issuing G.O.Rt.No.433, dated 27.06.2025 by posting the Respondent No.4 at Andhra Medical College, Visakhapatnam to Government Medical College, Kadapa as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner was appointed as Civil Assistant Surgeon on 19.04.2000 and promoted as Assistant Professor on 18.04.2001 and further promoted as Professor in Pulmonary Medicine on 14.07.2011. On completion of 5 years at Andhra Medical College, Visakhapatnam, the Petitioner was transferred to Government Medical College, Kadapa in the year 2022 and he has been continuing since then. While so, G.O.Ms.No.23, dated 15.05.2025 was issued lifting the ban on transfer of employees and framing certain guidelines for transfers. Initially, Respondent No.5 was transferred to Andhra Medical College, Visakhapatnam vide G.O.Rt.No.387, dated 19.06.2025. Though, the Petitioner did not complete 5 years of continuous service in the Government Medical College, Kadapa, he had submitted an application to transfer him to Andhra Medical College, Visakhapatnam on mutual consent and with Respondent No.5, sought for transfer to Government Medical College, Kadapa. N 3. However, without considering the mutual request, a partial modification order was issued in G.O.Rt.No.429, dated 27.06.2025, transferring the Respondent No.5 to Government Medical College, Ongole. 4. Further, the Respondent No.1 issued G.O.Rt.No.433, dated 27.06.2025 transferring the Respondent No.4 from Rangaraya Medical Kakinada to Andhra Medical College, Visakhapatnam with a College condition that she will be relieved, after a substitute for her post is provided. 5. Questioning the same, the present Writ Petition came to be filed on the ground that the request of the Petitioner to transfer him to Andhra Medical College, Visakhapatnam was not taken into consideration. 6. Learned counsel for the Petitioner would submit that the Respondent No.4 is yet to be relieved from Rangaraya Medical College, Kakinada and in that context, seeks for consideration of him for transfer to Andhra Medical College, Visakhapatnam. On the alternate, learned counsel for the Petitioner would further submit that the case of the Petitioner for transfer to Rangaraya Medical College, Kakinada may also be considered. 7. Learned Assistant Government Pleader for Services-I for the Respondents would submit that the Petitioner had not completed 5 years of service in the Government Medical College, Kadapa for considering his transfer and therefore, the Petitioner does not have locus standi to question the transfer of Respondent No.4 to Andhra Medical College, Visakhapatnam. 8. Heard learned counsel on both sides. / 9. The Petitioner is aged 61 years and he is in the final year of service. As the Petitioner is a native of Visakhapatnam, the Respondents ought to have considered the case of the Petitioner, without reference to the condition that he has not completed 5 years of service as prescribed under Clause 4(i) Principles for Transfers and Postings vide G.O.Ms.No.23, Finance (HR.I- PLG.&POLICY) Department, dated 15.05.2025. It is to be noted that Clause 4(i) of the Transfer Guidelines does not impose any prohibition to transfer of employees, who have not completed five years at same station. Further, it is a matter of common knowledge in all Central Government Department transfer policies, option will be given to employees in the fag-end of career^ Similar option should have been provided in G.O.Ms.No. 23, dated 15.05.2025. 10. Therefore, this Court is inclined to pass the following order: (i) The Petitioner shall submit a fresh representation to the Respondent Authorities within a period of 10 days from today along with a web copy of this order. (ii) On receipt of the same, the Respondent Authorities shall consider the case of the Petitioner to post him either at Andhra Medical College, Visakhapatnam or at Rangaraya Medical College, Kakinada, subject to feasibility by considering the fact that the Petitioner is in the last year of service. (iii) The ban of Proceedings will not come in the way of consideration of the Petitioner’s case for transfer. V 11. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequei, misceiianeous applications pending, if any, shail Stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SEc€Sm^"6fticer To 1. The Principal Secretary to the Governemnt Department, State of Andhra Velagapudi, Amaravati, Guntur District. 2. The Director of Medical Education, Govt. Vijayawada, Krishna District. Health, Medical & Family Pradesh Secretariat Buildings, of Andhra Pradesh, 3. The Additional Director of Medical Education General Hospital, Kadapa. 4. Dr V.Surya Kumari, W/o. Not Known Superintendent, Govt. Professor of Pulmonology, Rangaraya Medical Coiiege, Kakinada, (RMC), Now Kakinada District, 5. Dr T.Rama Swamy, Professor of TB and CD, Government Medicai College, Ananthapuram Presently under orders of transfer to Government Medical College, Ongole. 6. One CC to Sri A.Rajendra Babu, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh 8. Two CD Copies. [OUT] gi / HIGH COURT DATED:21/07/2025 ORDER WP No. 17294 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS