Extracted from the PDF above. The PDF is authoritative.
APHC010252122026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14136/2026 Between:
1. MALAKA JAYASREE, W/O PALLA SRINIVASA RAO, AGED 56 YEARS, WORKING AS STAFF NURSE, PRIMARY HEALTH CENTER, MARRIPADU, MANYAM DISTRICT, R/O. PLOT NO. 56, 3RD STREET,
CONTONMEN POST, AYYANNA PETA, VIZIANAGKAM DISTRICT-535 003
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, GUNTUP DISTRICT- 522238
2. THE REGIONAL DIRECTOR, MEDICAL AND HEALTH SERVICES, VISHAKAPATNAM - 530009
3. THE DISTRICT MEDICAL AND HEALTH OFFICER, PARVATHIPURAM MANYAM DISTRICT- 535501
4. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT - 535501
...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 tomay be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the
VN,J W.P No.14136 of 2026 2
Respondents particularly Respondent No. 2 and 3 in not implementing the transfer orders issued by the respondent No.2 in proceedings vide Rc. No. 450/B2/2025 Dt. 17.06.2025 as illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of India and violative of Principles of Natural Justice and consequently direct the Respondents No. 2 to 4 to allow the petitioner to join at AMC, Vishakapatnam for which the transfer proceedings were issued by the Respondent No.2 in proceedings vide Rc. No. 450/B2/2025 Dt. 17.06.2025 by fixing outer time limit and to pass such 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 may be pleased to direct the Respondent No. 2 and 3 to make substitute joining arrangement by duly relieving the petitioner from PHC, Marripadu, Parvathipuram Manyam District forthwith, pending disposal of the above writ petition and to pass such Counsel for the Petitioner:
1. BUGULU SREETEJA Counsel for the Respondent(S):
1.
BUGULU SREETEJA Counsel for the Respondent(S):
1. GP FOR SERVICES I
VN,J W.P No.14136 of 2026 3
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No:14136 of 2026 The Court made the following Order:
The present writ petition is filed questioning the non-implementation of the transfer orders issued by the respondent No.2 in proceedings vide Rc.No.450/B2/2025 dated 17.06.2025. 2. The petitioner is working as Staff Nurse and posted to PHC Denkada, Vizianagaram District. Later, the petitioner was transferred to Primary Health Center, Marripadu, Manyam District on 29.03.2022. 3. As per the transfer policy framed by the State Government vide G.O.Ms.No.23, Finance (HR.I-PLG. & Policy) Department, dated 15.05.2025, the petitioner was transferred back to AMC, Visakhapatnam on request vide proceedings of the Regional Director of Medical and Health Services, Visakhapatam in Rc.No.450/B2/2025 dated 17.06.2025. However, the petitioner was not relieved as Staff Nurse at Primary Health Center, Marripadu inspite of lapse of one year, hence, present writ petition. 4. Learned Assistant Government Pleader for Services-I would submit that the non-implementation of the transfer order is on account of administrative reasons and lack of replacement in the post held by the petitioner as on date. 5. Heard learned counsel for the petitioner and Mr. S.Raju, learned Assistant Government Pleader. VN,J W.P No.14136 of 2026 4
6. Though the transfer policy contemplates relieving of an employee only upon an substitute/employee assuming the charge in the agency area, the same cannot mean that the transfer orders remain unimplemented for more than an year. Such an approach by the respondents does not augur well for the administration. Therefore, the respondents are directed to implement the transfer proceedings dated 17.06.2025 forthwith issued by the respondent No.2 vide Rc.No.450/B2/2025 within a period of four (04) weeks from today. 7. With the above directions, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date:15.06.2026 Ksj