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2026 DAILYLAW 12550 (AP)

Thota Anitha v. State of Andhra Pradesh

WP/28166/2026 · 2026-09-29

Nyapathy Vijay

body2026

Judgment text

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APHC010515532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28166/2026 Between: 1. THOTA ANITHA, W/O. KAJA SRIKANTH, AGED 35 YEARS, OCC CONTRACT STAFF NURSE, PRIMARY HEALTH CENTER, SRIKAKULAM, GHANTASALA MANDAL, KRISHNA DISTRICT. RIO. H.NO.10/489, ELURU ROAD, NAGAVARAPPADU, GUDIVADA, KRISHNA DISTRICT. 521301 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT 522238 2. COMMISSIONER OF HEALTH AND FAMILY WELFARE, 5TH FLOOR, APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 522503 3. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, ZONE-II, RAJAMAHENDRAVARAM. 533101 4. THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. 521001 5. THE MEDICAL OFFICER, PRIMARY HEALTH CENTER, SRIKAKULAM, GHANTASALA MANDAL, KRISHNA DISTRICT. 521132 2 6. DR DONEPUDI SAI SARANYA, D/O. D. SHIVA SHANKARA RAO, AGED 35 YEARS, THE MEDICAL OFFICER, PRIMARY HEALTH CENTER, PETITIONER SRIKAKULAM, GHANTASALA MANDAL, KRISHNA DISTRICT. 521132 7. CHINTAMANENI VANI SREE, D/O. NOT KNOWN TO THE PETITIONER, AGED 62 YEARS, OCC HEALTH EDUCATOR, PRIMARY HEALTH CENTER, SRIKAKULAM, GHANTASALA MANDAL, KRISHNA DISTRICT. 521132 ...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 a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, declaring the action of the 3rd Respondent in issued impugned Order/ Proceedings Rc.No.3315260/R2A/2026, dated 10-09-2026, transferred from PHC, Srikakulam, Ghantasala Mandal, Krishna District to PHC, Katrenikona, Dr.B.R.Ambedkar Konaseema District in the name of disciplinary action even though there is no fault of the Petitioner as highly illegal, arbitrary, unjust, improper, non-application of mind, and violation of Article 14, 16 and 21 of the Constitution of India and contrary to Transfer Guidelines vide G.0.Ms.No.71, Finance (HR.I.PLG and POLICY) Department, dated 17.05.2023 and Memo. No. 3301035- FIN01-HROPDPP(RRD)/17/2026- HR-1, dated 06-07-2026 issued by the Government of Andhra Pradesh, Finance (HR.I-PLG and POLICY) Department and pass IA NO: 1 OF 2026 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 suspend the Proceedings vide Rc.No. 3315260/ R2A/ 2026, dated 10-09 2026 issued by the 3rd Respondent and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28166 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.3 in issuing the impugned proceedings vide Rc.No.3315260/R2A/2026, dated 10.09.2026, transferring the Petitioner from PHC, Srikakulam, Ghantasala Mandal, Krishna District, to PHC, Katrenikona, Dr. B.R. Ambedkar Konaseema District, in the name of disciplinary action, as illegal and arbitrary. 2. The Petitioner is working as a Staff Nurse on contract basis at Primary Health Center, Srikakulam, Ghantasala Mandal, Krishna District. While so, departmental action was initiated against the Petitioner on the ground that the Petitioner was negligent in discharging official duties, had created an unhealthy and unconducive working environment, threatened her colleagues, and threatened self- harm by consuming tablets. Pursuant to the enquiry, the impugned order came to be passed.Questioning the impugned order, the present Writ Petition is filed. 3. Learned counsel for the Petitioner submitted that the posting of the Petitioner could be considered at any nearby place or at another place, rather than transferring her to Katrenikona, Dr. B.R. Ambedkar 5 Konaseema District, considering the family circumstances of the Petitioner. 4. Learned Assistant Government Pleader for Services submitted that, in the event the Petitioner gives a representation regarding her grievance, the same would be examined by the Respondent- Authorities and an appropriate decision would be communicated to her. 5. Heard Sri Rambabu Koppineedi, learned counsel for the Petitioner as well as learned Assistant Government Pleader for Services. 6. Considering the submissions, with the consent of learned counsel appearing on both sides, this Writ Petition is disposed of at the admission stage, with the following directions:- (i) The Petitioner shall submit a detailed representation explaining her family scenario to the Respondent- Authorities for posting her at a nearer place. (ii) Upon receipt of the same, the Respondent- Authorities are directed to consider the same and to pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. 6 7. No order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 30.09.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 235 WRIT PETITION No.28166 of 2026 Dated:30.09.2026 chs