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2025 DAILYLAW 51510 (AP)

SEELAM VENKATA RAMA RAO v. The State of Andhra Pradesh

WP/7462/2025 · 2025-10-06

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010127902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7462/2025 Between: 1. SEELAM VENKATA RAMA RAO, S/O. RAMA KRISHNA RAO, AGED ABOUT 41 YEARS, SENIOR ASSISTANT, OFFICE OF THE DISTRICT MEDICAL AND HEALTH OFFICER AMALAPURAM, DR.B.R. AMBEDKAR KONASEEMA DISTRICT R/O. D. NO. 2-56, NEDUNURU CHINAPLAM, CHINAPALEM, MOSALIPALLE, DR. BR AMBEDKAR KONASEEMA DISTRICT- 533239 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SPECIAL CHIEF SECRETARY DEPARTMENT OF MEDICAL, HEALTH AND FAMILY WELFARE AP SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE COMMISSIONER, FOR HEALTH AND FAMILY WELFARE APIIC BUILDING 5TH FLOOR MANGALAGIRI, GUNTUR DISTRICT 3. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, GOLLAPUDI, VIJAYAWADA-521225 4. THE DISTRICT COLLECTOR, DR. BR AMBEDKAR KONASEEM DISTRICT DISTRICT 2 5. THE REGIONAL DIRECTOR, MEDICAL AND HEALTH SERVICES, ZONE-11 RAJAMAHENDRAVARAM 6. THE DISTRICT MEDICAL AND HEALTH OFFICER, AMALAPURAM, DR. BR AMBEDKAR KONASEEM DISTRICT 7. NANDURI DURGA KRISHNA, SR. ASSISTANT PHC BANDARULANKA DR. BR AMBEDKAR KONASEEM 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus by declaring the transfer orders issued by the 5th respondents vide Rc. No. 1133/ R2B(VC) / 2024 dated 7-1-2025 and vide Rc.No.76/DMHO/Estt./2024 dated 10-1-2025 issued by the 6th respondent as illegal, irregular, irrational, arbitrary, without any authority of law by violating articles 14,16, 19, and 21 of the constitution of India to set aside the same to reinstate the petitioner as Senior Assistant at office of 6th respondent without considering the petitioners representations dated 4-1-2025 submitted to the respondents 4 to 6 and direct the 5th and 6th respondents to relieve 7th respondent to handover the charge petitioner by directing the official respondents 4 to 6not harass the petitioner anymore on baseless false complaints and also pass such other order. 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 may be pleased to suspend the petitioners transfer orders issued by the 6th respondent vide 3 Rc.No.76/DMHO/Estt./2024dated 10-1-2025 basing on the orders of the 5th respondent orders vide Rc. No. 1133/R2B(VC)/2024 dated 07-01-2025 as illegal and arbitrary pending disposal of the main writ petition to continue the petitioner as Senior Assistant at 6th respondent’s office pending disposal of the main writ petition and consequentially allow the petitioner to obtain charge back from the 7th respondent in the interest of justice and equity. Counsel for the Petitioner: 1. GANGISETTI UMA SANKAR Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7462 of 2025 ORDER: 1. The present Writ Petition is filed questioning the transfer proceedings vide Rc.No.1133/R2B(VC)/2024, dated 07.01.2025 and consequential proceedings vide Rc.No.76/DMHO/Estt./2024, dated 10.01.2025, issued by Respondent Nos.5 and 6 respectively transferring the Petitioner from the office of the District Medical and Health Office, Dr. B.R. Ambedkar Konaseema District, Amalapuram to the Primary Health Center, V.R. Gudem, West Godavari District, as illegal and arbitrary. 2. Based on the impugned proceedings, it is disclosed that the Petitioner has been transferred on administrative grounds on account of pending disciplinary action. 3. Today, the learned counsel for the Petitioner Sri Gangisetti Umashankar passed on the proceedings issued by the Regional Director of Medical & Health Services, Zone-II, Rajamahendravaram vide Rc.No.1133/R2B(VC)/2024, dated 26.09.2025, wherein it is mentioned that the disciplinary action against the Petitioner was dropped as the articles of charges were not proved during the course of enquiry. 5 4. In view of the proceedings, dated 26.09.2025, the Writ Petition is disposed of with the following directions; (i) The Respondents are directed to consider the case of the Petitioner for posting in the office of the District Medical and Health Office, Dr. B.R. Ambedkar Konaseema District, Amalapuram, within a period of four (4) weeks from today; (ii) No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 07.10.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7462 of 2025 Dated: 07.10.2025 IS