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2025 DAILYLAW 44881 (AP)

Dulapalli Krishna Mohan v. The State of Andhra Pradesh

WP/7245/2025 · 2025-03-23

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH TWO THOUSAND AND TWENTY FIVE PRESENT AT AMARAVATI DAY OF MARCH the honourable SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7245 OF Between: Dulapalli Krishna Mohan, S/o. Rama Assistant, O/o. District Medical Andhra Pradesh. Rao Age 34 years, Occ Junior and Health Officer, Eluru District, Eluru, ...Petitloner/s AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government Medical, Health and Family Welfare Secretariat, Velagapudi, Guntur District, Department, Andhra Pradesh, and Family Welfare, O/o. the Director of Public Health and Family Welfare Gollapudi, Vijayawada, Andhra Pradesh. 2. The Director of Public Health 3. The Regional Director of Medical Health ‘ Zone-ll, Rajamahendravaram, East Godavari 4. The District Collector, Eluru District, 5. The District Medical and Health Officer, Pradesh. Services, Rajamahendravaram J Dfstrict, Andhra Pradesh. Eluru, Andhra Pradesh. Eluru District, Eluru, Andhra / p' 6. The Administrative Officer, O/o. the District Medical and Health Officer, Eluru District, Eluru, Andhra Pradesh. 7. Dr. S. Sermista, W/o. Ch. Sai Prasad, Age 62 years, Occ District Medical and Health Officer, District Medical and Health Office, .. .Machilipatnam, Krishna District, Andhra Pradesh, (earlier she was District Medical and Health Officer, Eluru District, Eluru) 8. Dr. Chakradhar, S/o. not knonw. Age not known, Occ Medical Officer, Primary Health Center, Pedapadu, Eluru District, Eluru, Andhra Pradesh, (earlier he was Administrative Officer (FAC) of the District Medical and Health Officer, Eluru District, Eluru) ...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 or order, orders or directions more particularly one in the nature of Writ of Certiorarified Mandamus - i) declaring the action of the 2nd respondent in instructing the 5th respondent to transfer the petitioner to a far of and non-focal post out of Eluru District on administrative grounds on the pretext of circulating the file of filling up of certain MPHA (M) posts on contract basis in spite of clear instructions from the higher authorities to issue speaking orders duly giving notice to the writ petitioners to inform them that there is no need of services of MPHA (M) cadre to the department at present vide RC.N0.13243-2621789A/C.1.B/2025, dt.06-03- 2025 as illegal, arbitrary. Discriminative, unjust, mala-fide, misfeasance, malfeasance and nonfeasance, non application of mind, abuse of process of law colorable exercise of powers, extraneous considerations besides violative of Arts. 14 and 16 of the Constitution of India duly calling the records pertaining and connected to transfer orders issued under Rc.No.13243-2621789A/C.1.B/2025, dt.06-03-2025 and consequently, set- ' w aside the same besides directing the 2nd and 5th respondents to allow the petitioner to discharge his as usual duties in 5th respondent's office 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 suspend the operation of the 2nd respondent’s transfer order issued vide RC.NO.13243-2621789A/C.1.B/2025, dt.06-03-2025 in order to allow the petitioner to discharge his as usual duties attached to his post in 5th respondent’s office Counsel for the Petitioner: SRI PEETA RAMAN Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER fh i V • APHC010142362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7245/2025 Between: Dulapalli Krishna Mohan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PEETA RAMAN Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: The Court made the following order: The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to file fresh Writ Petition in which the transfer orders can be challenge. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To. 1. One CC to SRI PEETA RAMAN Advocate 2. Two CCs to GP FOR SERVICES I [OUT] 3. Three CD Copies [OPUC] High Court of Andhra Pradesh MSST HIGH COURT \ DATED;24/03/2025 ORDER ANOT^ i 2 2 MAY 2025 i£?SPATCH^^ WP.No.7245 of 2025 to. DISMISSING THE WRIT PETITION AS WITHDRAWN