APHC010358472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19057/2026 Between: 1. SMT. SHAIK ISHRAD,, D/O. GALI SAHIB, AGED ABOUT 32 YEARS, OCC. MULTI PURPOSE HEALTH ASSISTANT (FEMALE), MUSUNURU-2 SUB CENTRE, PRIMARY HEALTH CENTRE, MUSUNURU, ELURU DISTRICT, R/O. ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL / SPECIAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.A.P-522238 2. THE COMMISSIONER OF PUBLIC HEALTH AND FAMILY WELFARE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. A.P-522503 3. THE DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT. A.P-534006 4. THE DISTRICT COLLECTOR AND MAGISTRATE, KRISHNA DISTRICT. A.P-521002 5. THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. A.P-521001 6. THE DISTRICT MEDICAL AND HEALTH OFFICER, ELURU DISTRICT, ELURU. A.P-534002 7. PRIMARY HEALTH CENTRE, MUSUNURU, ELURU DISTRICT, ELURU. REP. BY ITS MEDICAL OFFICER. A.P-534007 2 ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents, particularly that of the 5th Respondent in issuing the proceedings in Rc.No.E1025039/E2/2026 dated 03.07.2026, transferring the Petitioner from Musunuru-2 Sub Centre, Primary Health Centre, Musunuru, Eluru District to Yanamadala Sub Centre, Primary Health Centre, Digavalli, Eluru District, purportedly on administrative grounds pending disciplinary action, without issuing any notice, furnishing the enquiry report, affording any opportunity of hearing, and in violation of the principles of natural justice, as being illegal, arbitrary, punitive, stigmatic, violative of Articles 14, 16 and 21 of the Constitution of India and the Andhra Pradesh Civil Services (CCA) Rules, set aside the proceedings Rc.No.E1025039/E2/2026 dated 03.07.2026 issued by the 5th Respondent together with all consequential proceedings initiated pursuant thereto, and consequently direct the Respondents to permit the petitioner to continue in her present place of posting 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 operation and implementation of proceedings Rc.No.E1025039/E2/2026 dated 03.07.2026 issued by the 5‘^ Respondent together with all consequential proceedings initiated pursuant thereto, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. AISHWARYA NAGULA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 ORDER: The present writ petition is filed questioning the order of transfer of the petitioner vide proceedings dated 03.07.2026, transferring her from Primary Health Centre, Musunuru, Eluru District, to Yanamadala Sub-Centre, Primary Health Centre, Digavalli, Eluru District. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services-I appearing for the respondents. 3. The petitioner is working as a Multi-Purpose Health Assistant (Female) in Musunuru-2 Sub-Centre under Primary Health Centre, Musunuru, represented by the 7th respondent. While so, the petitioner conceived her second child on 01.06.2026. She submitted an application dated 25.06.2026 to the 7th respondent seeking sanction of 180 days' maternity leave in accordance with the applicable Government Orders governing maternity benefits. Upon verification of the medical records, the petitioner was granted 180 days' maternity leave from 01.06.2026 to 27.11.2026 vide proceedings dated 06.07.2026 issued by the 6th respondent. 4. However, prior to the sanction of maternity leave vide proceedings dated 06.07.2026, the 5th respondent issued the impugned proceedings dated 03.07.2026 transferring the petitioner, and she was subsequently relieved from her present station vide proceedings dated 04.07.2026 issued by the 7th respondent. 4 5. The grievance of the petitioner is that the impugned transfer proceedings refer to adverse news reports and an alleged enquiry without putting the petitioner on notice. It is submitted that the petitioner is not aggrieved by the order of transfer as such; however, she is aggrieved by the recital in the transfer order stating that she is transferred to Yanamadala Sub- Centre, PHC Digavalli, Eluru District, in the existing vacancy on administrative grounds pending disciplinary action. It is further stated therein that if she fails to report at the place of posting or proceeds on any kind of leave, the same would be treated as unauthorized absence and stringent disciplinary action would be initiated against her under the relevant CCA Rules. 6. It is submitted that the impugned proceedings are stigmatic in nature and that the petitioner is being insisted upon to report at the transferred place while she is on maternity leave. Such action of the respondents is unsustainable. 7. The learned Assistant Government Pleader for Services-I appearing for the respondents submitted that the reference to the adverse news reports, the alleged enquiry, and the transfer on administrative grounds pending disciplinary action does not amount to initiation of departmental proceedings. It is further submitted that no departmental proceedings have been initiated against the petitioner and that, if any such proceedings are proposed, the petitioner would be put on notice and due process of law would be followed. With regard to the petitioner's reporting for duty, the learned Assistant 5 Government Pleader submitted that the petitioner may report for duty after completion of her maternity leave. 8. Considering the submissions made by the learned counsel on either side, the Writ Petition is disposed of permitting the petitioner to report for duty as Multi-Purpose Health Assistant (Female) at Yanamadala Sub-Centre, PHC Digavalli, Eluru District, in terms of the transfer proceedings dated 03.07.2026, after completion of her maternity leave. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, pending in this writ petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY 14th July, 2026 cbn 6 101 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19057 of 2026 14th July, 2026 cbn