THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue Writ, Order or Direction one more particularly in the nature of Writ of Mandamus, a. Declaring the action of the Respondents more specifically Respondent No. 2 to 4 in conducting the process of transfers, including the counselling, in violation of G.O. Ms. No. 80 dated 03.07.2024 issued by Respondent No.1 as being bad, arbitrary, illegal and violative of article 14, 16, 19 & 21 of constitution and b. Consequentially direct the Respondent No. 2 to 6 to not affect the transfers of the Petitioner as per counselling conducted on

18.07.2024…”

2) Heard Sri R. Anurag, learned counsel appearing for the petitioner, the learned Additional Advocate General, on behalf of respondent Nos.1 to 5, and Sri A. Sanjeev Kumar, learned counsel for respondent Nos.6 and 7.

3) Learned counsel for the petitioner submitted that the petitioner is presently discharging her duties as Professor, Pediatrics in respondent No.6 Hospital. While so, respondent No.1 issued G.O.Ms.No.80 dated 03.07.2024, duly notifying the transfer and posting of employees by lifting the ban on transfer orders, and according to the said G.O., the transfers were to be affected between 05.07.2024 and 20.07.2024. The said G.O. reads that only 40% of the working cadre strength would be considered for the purpose of transfer and accordingly, a list of persons who shall be compulsorily transferred should be communicated through the official portal, duly indicating the details of the said personnel along with the period for which, the said persons have been serving in the same station/posting. Further, the employees to be compulsorily transferred have to exercise their option of preferences and to avail any other exemption under the said G.O.

3.1) It is further submitted that the petitioner’s name was not included in the said compulsory transferable list that was circulated and uploaded on the official website. As such, the petitioner did not exercise her option for transfer. While that being so, on 16.07.2024 and 17.07.2024, respondent No.4, in a high-hand and illegal manner, issued a circular calling for the entire cadre of professors to attend the transfer counseling session on 18.07.2024, contrary to G.O.Ms.No.80. As such, the said action of the respondents in issuing the said circular on the eleventh-hour itself would clearly show that there is a mala fide intention on the part of the department, and only to favour a few persons and to safeguard their men, the said circular was issued. It is further submitted that for any process to be considered as free and fair, sufficient amount of time ought to have been given to the candidates, so as to exercise their preferences of the posting or places, to effectively conduct their duties. However, the said process has been completely thrown to air by the respondents, who never followed the process of putting the petitioner on prior notice and have proceeded with conducting the counseling process and concluded it on 18.07.2024, by transferring the petitioner to M.G.M. Hospital, Warangal, without extending the benefit of G.O.Ms.No.No.80, for special circumstances under medical and spouse grounds. Further, the process of exercising options or preferences was not followed in its true letter and spirit, thereby, depriving the petitioner an opportunity for filling the application form as prescribed in G.O.Ms.No.80, and as such, she was denied an opportunity to exercise her options, along with others, to opt for the place of transfer and avail any other criteria for transfer as per G.O.Ms.No.80. Therefore, on the ground of discrimination and unequal opportunity, the irregular transfer counseling process is liable to be set aside.

3.2) It is further submitted that the exemptions available under G.O.Ms.No.80 dated 03.07.2024 were being wrongly claimed and considered of those persons who are not