N.Sucharitha v. Dr.Ravindra Naik

[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY HE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 21405 OF 2024 AND CONTEMPT CASE NO.2274 OF 2024 W.P.NO.21405 of 2024 Between:

N.Sucharitha, W/o Sarotham Reddy, Aged about 53 years, Occ;Pharmacist Gr-ll, At PHC Pagidipally, Warangal District.

.....PETITIONER AND

1. The State of Telangana, rep. by its Principal Secretary, Medical Health and Family Welfare Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad - 5OOO22.

2. The Director, Public Health and Family Welfare, Government of Telangana, Hyderabad.

3. The District tMedical and Health Officer, Warangal District.

4. The District Medical and Health Officer, Hanumakonda District.

5. The District Medical and Health Officer, Mahabubbad District.

6. The Superintendent, M.G.M Hospital, Warangal. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare impugned proceedings Rc.No .7253 / E4 .ll.G I Zone-lVl 2024 Dt. 31-07- 2024 of the 2nd respondent.as illegal,

arbitrary and violative enforceable guidelines issued in G.o.Ms.No.g0 Dt.03-022024 and set-aside the same and conseguenfly direct respondents to continue the petitioner al PHC, Pagidipalli, Warangal District. I.A.NO:1 OF 2024 Petition Under section i 5l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned Rc.No.7253lA4 .lttGtZone)v t2024 Dt.3.t -02- 2024 of the 2nd respondent while directing the respondents to continue the petitioner at PHC, Pagidipalli, Warangal District, pending disposal of writ petition. l.A.NO:2 OF 2024 Petition under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to take ar those necessary steps to draw and pay me the salaries and allowances payable for the month of Aug, 2024 and continue to draw and pay the same every month, in the interest of justice. I.A.NO:3 OF 2024 Between:

1. The state of rerjrngana, rep. by its principar Secretary, Medicar Hearth and ramly welfare Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad - 5OO 022.

2. The Director, Pubric Hearth and Famiry werfare, Govemment of rerangana, Hyderabad.

3. The District tVledical and Health Officer, Warangal District.

4. The District Medical and Health Officer, Hanumakonda District.

5. The District Medical and Health Officer, Mahabubbad District.

6. The Superintendent, M.G.M Hospital, Warangal. AND .....PETITIONERS N.Sucharitha, W/o Sarotham.[gddy. Aged about 53 years, Occ;pharmacist Gr_ll, At PHC Pagidipally, Warangat Distritt. "

-.---- -- '

.....RESPONDENT

Petitron Under Section 151 cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim orders dated 07.08.2024 in l.A.No.1 0f 2024in w.p.No.21405 of 2024.

Counsel for the petitioner : SRI K.RAM REDDy Counsel for the Respondents : Gp FOR SERVICES _ | C.C.NO: 2274 0 F 2024 Between:

|rti?1,?l$J;,u]?r?7;:,ff|.a|ff:dy, Ased about 53 years, occ pharmacist Gr_rr, At ....PETITIONERYPETITIONER AND ' ?:iffJgT:,ti'l;r?':o''",. Pubric Hearth and Famirv welfare, Governmenr of 2 Dr'K Venkat Ramana, District Medicar and Hearth officer, warangar District. .....RESPONDENTS/RSPONDENTS Petifion under Sections 10 to 12 of Contempt of Courts Act .1971 praying that in the circumstances stated in the affidavit fire herein the High court may be pleased to summon and punish rhe respondents herein for their wirfur and deliberate disobedience of the orders of this Hon,bre court made in w.p. No. 21405 of 2024 dated 23_09_2024 passed icy his. Lordship,s Hon,ble Sri. pulta Karthik in the interest of justice.

Counsel for the petitioner : SRI K.RAM REDDY Counsel for the Respondents : G.p FOR SERVICES - I The Court made the following COMMON ORDER

THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.214O5 of 2o24 and CONTEMPT CASE No.2274 of 2o24 COMMON ORDER:

Since the lis in these cases in inter-connected, they are heard together and are being disposed of by this common order. 2.

W.P.No.21405 of 2024 is hled seeking the following relief: '...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned proceedings Rc.No.7253l E4.II-G /Zone-ly / 2024 Dt,3t07 -2024 of the 2nd respondent as illegal, arbitrar5r and violative enforcement guidelines issued in G.O.Ms-No.8O DI:O3-O7 -2024 arrd set-aside the same arld consequently direct respondents to continue the pedtioner at PHC, Pagidipalli, Warangal District and to grant..." 3.

Heard Sri K. Ram Reddy, learned counsel appearing for the petitioner in both the Writ Petition as well as the Contempt Case, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

4.

Learned counsel for the petitioner submitted that while the petitioner was working as Pharmacist Grade-II at Mahatma Gandhi Memorial Hospital, Warangal, during the general traasfers in pursuance of G.O.Ms.No.8O dated O3.OT.2024, she was initially

PK, J W.P.No.214OS of 2024 & C.C.No.2274 of 2O24 transferred and posted at Primary Health Centre, vide proceedings dated Kadipikonda, 27.O7.2024.

Harlumakonda District, Thereafter, on 2g.O2.2024, the respondents have issued proceedings, transferring and posting her at primary Health Centre, pagidipailv, warangal District, which was said to be in partial modification of the earlier transfer order. In pursuance of the sarne, the petitioner reported at Primary Health Cenrre, pagidipally, on 3O.O7.2O24, and her reporting letter was also endorsed by the officer concerned. while so, the respondents have issued the present impugred proceedings dated 31.07.2O24, once again modifying the petitioner,s earlier trarrsfer order dated 2A.O2.2O24, and posted her at primary Health Centre, Marripeda, Mahabubabad District.

l,earned counsel contended that the said orders modifying the earlier transfer of the petitioner were said to have been issued on the ground that the initial transfer and posting of the petitioner is contrarlr to the guidelines issued by the Government in G.O.Ms.No.gO dated O3.O2.2024, more particularly, at paragraph 6-C of the said G.O. However, it is further contended that the petitioner cannot be penalized by way of multiple tralsfers for the lapses on the part of the respondents. Therefore, learned counsel for the petitioner prayed this Court to set aside the impugned order dated 31.07 .

PK, J W.P.N'.2|4OS of 2024 & C.C.No.2274 of 2024 respondents to continue the petitioner in service at Primary Health Centre, Pagidipally, Warangal District.

5.

I-earned Government Pleader for Services-I, on instructions, submitted that the petitioner was initially working at Mahatma Gandhi Memorial Hospital, Warangal, which is a focal-area. Therefore, during the General Transfers-2o24, she was posted at Primary Health Centre, Kadipikonda, Hanumakonda District, vide proceedings dated. 27.07.2024. However, since it was found to be a focal-area, and transfer from focal to focal area is contrary to G.O.Ms.No.8O dated O3.O7.2O24, th.e proceedings dated 28.07.2024 were issued to her, transferring and posting her at Primary Health Centre, Pagidipally, Warangal District. However, the said place was also a focal-area. Therefore, the petitioner's transfer was once again modified and the impugned proceedings dated 31.07.

2024 were issued, transferring and posting the petitioner at Primary Health Centre, Marripeda, Ma-habubabad District, which is a non-focal area. As such, the petitioner's transfer falls in line with the guidelines issued in G.O.Ms.No.8O dated O3.O7.2O24. Hence, there is no illegality in issuing the present impugned order dated 31 .O7 .2024. Therefore, it is prayed to dismiss the present writ petition.

PK, ,t W.P.No.214OS of 2024 & C.C.No.2274 of 2024 6.

At the time of admission, oo OZ.OB.2O24, this Court directed the respondents to continue the petitioner in the present place of work i.e., Primary Health Centre, pagidipally, Warangal District, till the next date of hearing, and the said orders have been extended periodically, until they were made absolute on 23.Og.2O24. 7.

Today, learned counsel contends that despite the interim order of this Court and even when the petitioner had reported to duty at Primary Health Centre, pagidially, Warangal District, she is not permitted to join and discharge her duties. It is further contended that the petitioner is also not being paid salaries srnce OZ.Og.2O24. Therefore, learned counsel once again seeks indulgence of this Court. 8'

on the other hand, learned Government preader contends that the continuation of the petitioner at primary Hea.lth Centre, Pagidipally, wara'gal District, is contrary to the guiderines issued in G.O.Ms.No.8O dated. O3.O2.2024, and he has placed on record a copy of the list of focal and non-focal vacancies available in Hanumakonda and Waralgal Districts.

Having heard the learned counsel lor the respective parties and on perusal of the record, it is evident that during the general

PK, J W.P.No.2l4O5 of 2024 & C.C.No.2274 of 2024 Transfers-2O24, the respondents failed to properly identify and notify the focal and non-focal areas prior to providing the petitioner with an opportunity to opt a place for her transfer. As such, the petitioner initially opted for tralsfer to Primary Health Centre, Kadipikonda, Hanumakonda District, and was subsequently transferred and posted at that place vide proceedings dated 27.07.2024. However, the said transfer was modihed vide proceedings dated 28.02.2024, on the ground that her initial transfer was from one focal area to another. At this juncture, the respondents ought to have transferred the petitioner to a non-focal area. Instead, they transferred the petitioner to another focal area i.e.

, Primar5r Health Centre, pagidipally, Warangal District, where the petitioner reported to duty on 30.O7.2024. The respondents then further modified her transfer once again vide impugned order dated 31.OT.2O24, on the same ground that it was yet again a focal-to-focal transfer. Had the respondents properly provided a list of focal and non-focal areas while obtaining options from the petitioner, she could have opted her place of choice from the said list. However, in the failure of such an arrangement, this court is of the view that the petitioner cannot be penalized for the procedural errors on the part of the respondents.

PK, J W.P.No.21405 of 2O24 & C.C.No.2274 of 2024

10. In similar circumstances, this Court disposed of W.p.No.202g4 of 2024 vide order dated 10. 12.2024, permitting the petitioners therein to make a representation to the respondents for redressal of their grievance, artd directed the respondents to pass appropriate orders thereon, duly taling into account the availability of vacancies.

11. In the peculiar facts and circumstances of the case, to meet the ends of justice, this Court deems it appropriate to permit the petitioner to make a fresh representation to the respondents, duly exercising her options for transfer from the list furnished by the learned Government Pleader for Services-I, within a period of one (01) week from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the respondents shall consider the same and pass appropriate orders as to posting of the petitioner, strictly in accordalce with law, however, without reference to impugned order dated 31.07.2024, as expeditiously as possible, preferably within a period of (03) weeks thereof, and communicate a copy of the same to the petitioner. This Court also deems it fit and proper to further direct the respondents to pay the petitioner salaries for the interregnum period w.e.f., 3O.O7.2O24 till the issuance of a fresh posting order.

,t1 l

PK, J W-P.No.214OS of 2024 & C.C.No.2274 of 2024

12. With the above directions, the Writ petition is disposed of.

13. Insofar as C.C.No.2274 of 2024 is concerned, the respondents have specifically pleaded that the interim order of this Court dated 23.09.2024 in W.p. No.21405 of 2024 could not be complied with, in view of the legal hurdles, but not wantonly. Further, the respondents have also filed a vacate stay petition in the Writ petition seeking to vacate the interim order itself. Therefore, there is absolutely no wilful ll the part of the respondents as alleged by thc disobedience on petitioner.

Having satisfied with the above made submissions, this Court is of the view rhat the petitioner has fa ed to ma_ke out wilfur disobedience on the part of the respondents for imposition of punishment under the Contempt ofCourts Act, tgTL. i5 Accordingly, the Contempt Case is closed.

Pending miscellaneous petitions, No costs.

if any, shall stand closed.

SD/.I. NAGALAKSHMI DEPUry REGISTRAR / i/TRUE COPY// SECTION O",",*

1. The Principal Secretary, Medical Health.and Family Welfare Department, Dr B R.Ambedkar Tetangana Secretariat, St.te oi ieirnlana at Hyderabad _ 500 022.

2. The Director. public Health and Family Welfare, Government of Telangana, Hyderabad.

3. The Diskict Medicat and Health Officer, Warangal District.

4. The District Medicat and Heatth Officer, f_f *r.llonir'Oi"tri"t. To

5- The District Medical and Health Officer, Mahabubbad District.

6. The Superintendent, M.G.M Hospital, Warangal.

7. Two CC's to G.P FOR SERVICES - l, High CLurt for the State of Tetangana / at Hyderabad. (OUT)

8. One CC to SRI K.RAM REDDY, Advocate IOPUC]

9. Two CD Copies SA GJP w (

\ HIGH COURT DATED:30 t12t2024 ?

Ht-:

r COMMON ORDER 2 g JAN 2025 W.P.No.21405 of 2024 AND CC.No.2274 of 2OZ4 t t DISPOSING OF THE W.P AND CONEMPT CASE IS CLOSED WITHOUT COSTS.

@ t ct