*THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

% Dated 05-05-2025

# Dr. U. Sree Hari ….. Petitioner

Vs.

$ 1. The Govt. of A.P., rep. by its Principal Secretary, Health,

Medical and Family Welfare Department & Ors.

....Respondents

! Counsel for the Petitioner : Sri M.R. tagore

Learned Counsel.

^ Counsel for respondents 1 & 2 : Learned Govt. Pleader

for Services-IV

Counsel for 3rd respondent : Sri Narra Srinivasa Rao,

Learned Counsel

> HEAD NOTE:

? Cases referred :

1. 1991 Supp (2) SCC 659

2. Judgment, dt.15.10.2019, in Writ Appeal No.325 of 2019 (AP HC)

3. 2024 (1) ALT 514 = MANU/AP/1911/2023

4. 2024 SCC OnLine SC 279

IN THE HIGH COURT OF THE STATE OF ANDHRA PRADESH Writ Petition No.30712 of 2024 Dr. U.Sree Hari ….. Petitioner Vs.

1. The Govt. of A.P., rep. by its Principal Secretary, Health, Medical and Family Welfare Department & Ors.

....Respondents JUDGMENT PRONOUNCED ON: 05-05-2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 1) Whether Reporters of Local newspapers -Yes-

may be allowed to see the Judgments?

2) Whether the copies of judgment may be marked -Yes-

to Law Reporters/Journals

3) Whether Their Ladyship/Lordship wish to see -Yes-

the fair copy of the Judgment?

_____________________________ JUSTICE CHALLA GUNARANJAN APHC010587082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3506]

(Special Original Jurisdiction)

MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 30712/2024 Between:

Dr.U. Sree Hari ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. M R TAGORE Counsel for the Respondent(S):

1. SRINIVASA RAO NARRA

2. GP FOR SERVICES IV The Court made the following:

ORDER:

The present writ petition is filed seeking the following relief:

“….to issue a Writ, order or direction, more particularly, one in the nature of Writ of Mandamus by declaring the action of the official respondents herein in issuing the impugned G.O.Rt.No.781 Health, Medical & Family Welfare (B1) Department, dated 21.12.2024, wherein the petitioner herein was transferred as DMHO, Tirupathi District to King George Hospital (KGH) (Hospital Administration), Visakhapatnam, as Civil Surgeon Residential Medical Officer (CSRMO) (Hospital Administration) and consequentially, posting the

3^rd unofficial respondent on promotion as DMHO, Tirupathi District at Tirupathi, vide G.O.Rt. No.782 Health, Medical & Family Welfare (B1) Dept, dated 21.12.2024, as highly illegal, arbitrary and contrary to the law and also without authority. Hence this Hon’ble court may be pleased to set aside both the impugned G.O.Rt.No.781, dated 21.12.2024, and G.O.Rt.No.782, dated 21.12.2024, to the extent of the petitioner and the 3^rd unofficial respondent only by declaring that the petitioner herein is entitled to continue as DMHO at Tirupathi and to pass…”

2. Facts germane for disposal of the present writ petition are as follows:

Petitioner was appointed as Civil Assistant Surgeon through direct recruitment on 20.05.2005 and later got promoted as Civil Surgeon Specialist and was posted at Government General Hospital, Kurnool, on 03.02.2020. Later he was transferred as Joint Director (Child Health Immunization) at the office of CH&FW, A.P., Vijayawada, on 15.10.2020, and later, posted as District Medical and Health Officer (“D.M. & H.O.”) at Chittoor on 20.05.2021. Due to reorganisation of Districts, he was posted as D.M. & H.O. at Tirupati, vide G.O.Rt.No.533, Health, Medical and Family Welfare (B1) Department, dated 06.07.2022. Subsequently, 1^st respondent issued G.O.Rt.No.525, Health, Medical and Family Welfare (B1) Department, dated 23.06.2023, by which, one Dr.R.R. Reddy, Civil Surgeon, working as OSD, Minister for Health and Family Welfare and Medical Education, came to be posted in the place of the petitioner by surrendering his services and called upon to report before the Government. Assailing the same, petitioner filed W.P.No.15350 of 2023, in which, this Court passed interim