IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WRIT PETITION No.2150 of 2025

Between:

DR. M. PENCHALAIAH, S/O. VENKATAIAH, AGED. 61 YEARS, DM AND HO, NELLORE (UNDER ORDERS OF TRANSFER), NELLORE

DISTRICT, ANDHRA PRADESH STATE.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI,

GUNTUR DISTRICT AND 4 OTHERS.

...RESPONDENTS.

DATE OF ORDER PRONOUNCED : 28.02.2025

SUBMITTED FOR APPROVAL:

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

1. Whether Reporters of Local Newspapers

may be allowed to see the order? : Yes/No

2. Whether the copy of order may be

marked to Law Reporters/Journals? : Yes/No

3. Whether His Lordship wish to

see the fair copy of the order? : Yes/No

___________________________ JUSTICE SUBBA REDDY SATTI

* HONOURABLE SRI JUSTICE SUBBA REDDY SATTI + WRIT PETITION No.2150 of 2025 % 28.02.2025 WRIT PETITION No.2150 of 2025 Between:

DR. M. PENCHALAIAH, S/O. VENKATAIAH, AGED. 61 YEARS, DM AND HO, NELLORE (UNDER ORDERS OF TRANSFER), NELLORE DISTRICT, ANDHRA PRADESH STATE.

...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT AND 4 OTHERS.

...RESPONDENTS.

! Counsel for Petitioners : Sri P.V.Krishnaiah ^ Counsel for Respondents : Sri K.Ramalingeswara Rao GP for Services-II Sri G.V.S.Kishore Kumar Gist:

> Head Note:

? Cases referred:

1) AIR 1991 SC 532

2) AIR 1993 SC 2486 3) (1993) 4 SCC 357

4) (1994) 6 SCC 98

5) (1995) 3 SCC 270 6) (2001) 8 SCC 574 7) (2009) 2 SCC 592

8) 2024 0 Supreme (SC) 225

9) AIR 1979 SC 49,51 This Court made the following:

APHC010041212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2150/2025 Between:

Dr. M. Penchalaiah, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. P V KRISHNAIAH Counsel for the Respondent(S):

1. GP FOR SERVICES IV

2. GP FOR SERVICES I

3. G V S KISHORE KUMAR The Court made the following:

ORDER

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 submitte