1 APHC010478432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24577/2025 Between: 1. D SUDHEER BABU, S/O. D.BALA GANGADHARA RAO, AGED 54 YEARS, WORKING AS PROFESSOR OF MEDICINE, SMC, VIJAYAWADA, ANDHRA PRADESH, R/O. H. NO. 22-183, BHARATHPET 1ST LANE, AMARAVATHI ROAD, VIJAYAWADA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, ANDHRA PRADESH SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA PRADESH, VIJAYAWAD ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.24577 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in transferring the petitioner from Guntur Medical College, Guntur to Siddhartha Medical College, Vijayawada, vide proceedings dated 19.06.2025 without considering the posting of the petitioner as Assistant Professor at Guntur Medical College, Guntur only on 17.04.2023, as illegal and arbitrary. 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. The petitioner was appointed as Assistant Professor in Guntur Medical College, Guntur, on 21.03.2005 and promoted as Associate Professor on 01.09.2013 at Siddhartha Medical College, Vijayawada and further promoted as Professor of Medicine on 06.06.2022 at Guntur Medical College, Guntur. While the things stood thus, the petitioner was transferred as Professor and Head of the Department to Government Medical College, Machilipatnam on 17.11.2022. Thereafter, again he was transferred to Guntur Medical College, Guntur, on 17.04.2023. 4 When that being the position, surprisingly, contrary to G.O.Rt.No.344, Health, Medical and Family Welfare (B1) Department, dated 31.05.2025, the present orders have been passed on 19.06.2025 transferring the petitioner from Guntur Medical College, Guntur to Siddhartha Medical College, Vijayawada as he has not completed five years of service in the station. In support of his contention, learned counsel for the petitioner has placed reliance on the transfer orders dated 17.04.2023, wherein the petitioner’s services were transferred from Government Medical College, Machilipatnam to Guntur Medical College, Guntur. In compliance with the said orders, the petitioner joined the Guntur Medical College, Guntur. In the said circumstances, if the station service of the petitioner is taken from 17.04.2023, he has not completed five years of service. Hence, he is not entitled to be transferred mandatorily. Learned counsel for the petitioner submitted that in compliance with the said orders, though the petitioner joined the transferred post, he has made an appeal to the 1st respondent on 02.06.2025 for retention of his services by taking his station service from 17.04.2023. The said representation/appeal has not been considered. Hence, the present writ petition. 5 4. Though the respondents have filed a counter, they have taken a stand that the petitioner was posted at Siddhartha Medical College, Vijayawada as Professor and was subsequently posted to the Government Medical College, Machilipatnam only on deputation. Hence, his services have to be taken into consideration from 01.09.2013. As he has completed more than 11 years, he was transferred to another college as per G.O.Rt.No.344. 5. On the last occasion, after hearing both the counsel, this Court has directed the learned Government Pleader to place the transfer orders to establish whether the posting was on deputation or transfer. The learned Government Pleader was unable to place the said orders and has produced only the service register of the petitioner. Relying on the service register, he submitted that the petitioner’s salary was being paid at Guntur Medical College, Guntur. 6. Considering the submissions and on perusal of the record, though the respondents have taken a stand that the petitioner was transferred to Siddhartha Medical College, Vijayawada in the year 2022 and subsequently, to Government Medical College, 6 Machilipatnam, the transfer orders dated 17.04.2023 clearly establish that the petitioner’s services were transferred from Government Medical College, Machilipatnam to Guntur Medical College, Guntur. In the said circumstances, the respondents, more particularly the 1st respondent, are directed to consider the appeal filed by the petitioner. If the orders dated 17.04.2023 are taken into consideration as transfer orders, the petitioner’s case shall be considered as per G.O.Rt.No.344, dated 31.05.2025 by taking the station service from 17.04.2023 and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 23.02.2026 Ivd 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.24577 of 2025 Dated: 23.02.2026 Ivd