Legal malice is insufficient to challenge a transfer order unless clear procedural violations or malafide intentions can be proven.

ORDER :

SUBBA REDDY SATTI, J.

The above Writ Petition is filed impugning the G.O.Rt.No.781 Health, Medical & Family Welfare (B.I) Department dated 21.12.2024, as modified by G.O.Rt.No.1 Health, Medical & Family Welfare (B.I) Department dated 01.01.2025, whereby the petitioner was transferred and G.O.Rt.No.782 Health, Medical & Family Welfare (B.I) Department dated 21.12.2024 issued by 1^st respondent transferring the 5^th respondent to the place of petitioner, as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India.

2. a) Averments in the affidavit, in brief, are that the petitioner was initially appointed as Civil Assistant Surgeon on 06.01.1992. He was promoted to Deputy Civil Surgeon on 01.12.2007 and Civil Surgeon on 23.10.2019. The petitioner was posted as Additional DM & HO Chittoor, and subsequently transferred and posted as DM & HO, Nellore vide G.O.Rt.No.371, Health, Medical & Family Welfare Department dated 06.05.2022.

b) Be that as it may, the 1^st respondent promoted 21 Deputy Civil Surgeons (General Line) for the panel year 2023-2024 and issued posting orders vide G.O.Rt.No.782 dated 21.12.2024, wherein the 5^th respondent was posted as DM & HO, Nellore in the petitioner's place. The petitioner was transferred vide G.O.Rt.No.781 dated 21.12.2024 to Rampachodavaram, A.S.Raju District. Impugning the said transfer orders and also the transfer of the 5^th respondent in the place of the petitioner, the petitioner filed W.P.No.30642 of 2024. Pending the said writ petition, the 1^st respondent issued G.O.Rt.No.1 HM & FW Department dated 01.01.2024 modifying the transfer of petitioner from Rampachodravaram, A.S. Raju District by C.S.R.M.O 300 Bedded Super Speciality Hospital, Kadapa in the existing vacancy caused due to unwillingness letter submitted by Dr.K.Padmavathi, Deputy DM & HO, Markapur, Prakasam District. The petitioner assailed his transfer as malafide, without prior concurrence and stigmatic. The petitioner was transferred at the fag end of his career i.e. before one year of his retirement.

c) In respect of the transfer of the 5th respondent to the place of the petitioner, the petitioner contended that the respondent authorities failed to adhere to the procedure contemplated in G.O.Ms.No.273 HM & FW (02) Department dated 21.05.1999 and G.O.Rt.No.780 HM & FW (B1) Department dated 15.09.2014. The 5^th respondent does not have the experience to hold the post of DM & HO.

3. a) A counter affidavit was filed on behalf of 1^st respondent. It was contended, interalia, that the Government took a comprehensive view of the performance of DM & HOs in the State. Certain DM & HOs are not performing their duties up to the mark and are poor in achieving the desired targets as per key performance indicators. As such, the Government, keeping in mind, that there is a ban on transfers, circulated the file in e-office to the Chief Minister through the Minister for Health, Medical and Family Welfare duly appraising the facts and the Chief Minister approved on 20.12.2024. Accordingly, transfers and posting orders are issued including the petitioner and 5^th respondent. The transfer of the petitioner is made on administrative grounds. The concurrence of the Finance Department was obtained vide U.O.No.FIN01-HR0PDPP (TRPO)/188/2024-HR-I (2665746), dated 30.12.2024, as the secretariat instance of e-office was not available from 21.12.2024 to 28.12.2024 due to migration of e-office system to the latest version. The Government issued a concurrence order vide G.O.Rt.No.784, HM & FW (B1) Department dated 31.12.2024.

b) It was pleaded in the counter affidavit that the 5^th respondent has the required