The court held that redeploying an employee shortly after their promotion and posting under the spouse category is arbitrary, particularly if the post was already slated for surrender, and directed the administration to consider the employee's representation for a nearby vacancy.

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 toissue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the respondents herein more particularity the 4th respondnt in re-posting the petitioner from present working place i.e PHC, Madhurawada PHC Thallapalem of Anakapally Dirstrict, vide issued vide Rc.No.480/B1/2026, dated Visakhapatnam District to impugned Redeployment orders highlyi illegal, arbitrary and contrary to the posting orders Health Educator at PHC Madhurawada vide 23-3-2026 as issued on promotion as Rc.No.480/B1/2025 petitioner herein is not eve completed 4 months servce at present working set aside the dated 9-12-2025 by the 4th respondent and now the the Honble court may pleased tothereforestation impugned redeployment order dated 23-3-2026 and declaring that the petitioner herein is also entitled to Madhurawada. of Visakhapatnam or orders may deem fit and proper in the circumstances of the case. continue as Health Educator at PHC district and may pass such other order

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 suspended the impugned Redeployment orders issued vide Rc.No.480/ BI/2026, dated 23-3-2026 by the 4th respondent petitioner at PHC, Madhurawada and continued the of Visakhapatnam district, pending disposal of the writ petition and pass

Counsel for the Petitioner:

1. M R TAGORE

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following ORDER:

1. This Writ Petition is filed seeking to declare the action of the respondents, more particularly the 4th respondent, in re-posting the petitioner from her present working place, i.e., PHC, Madhurawada, Visakhapatnam District, to PHC Thallapalem, Anakapalli District, vide impugned redeployment orders dated 23.03.2026 as highly illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The case of the petitioner is that she was initially appointed as MPHA (F) on 18.08.2009 in Visakhapatnam District and was posted at PHC Devarapally. Subsequently, she was promoted as Health Educator vide proceedings dated 09.12.2025 and posted at PHC, Madhurawada, in a clear vacancy. She joined the said post on 10.12.2025 and, thereafter, shifted her family to Visakhapatnam. Her husband is working as a VRO in the Revenue Department at Visakhapatnam, and her son is undergoing treatment for a head injury there. While so, within a short span of four months, the 4th respondent issued the impugned redeployment orders dated 23.03.2026, transferring the petitioner from PHC Madhurawada to PHC Thallapalem, Anakapalli District, which is more than 120 km away, without any valid reason or change in circumstances. The said action is arbitrary and contrary to the earlier promotion and posting orders dated 09.12.2025.

4. The learned counsel for the petitioner submits that the impugned proceedings are contrary to the general instructions issued by the Government in G.O.Ms.No.23, dated 15.05.2025. The petitioner is entitled to continue for a minimum tenure in accordance with the transfer policy. He further submits that the petitioner submitted a representation dated 31.03.2026 requesting her continuation at PHC Madhurawada or, in the alternative, her posting at PHC Sontyam, where the post has been vacant s