Disposed

S.Ramanjaneyulu, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Sept 2024WP/16705/2024

Case brief

AI extract

What is this about?

A Senior Assistant posted back to his pre-leave Primary Health Centre after long medical leave sought transfer to Kadapa to enable periodic treatment at CMC Vellore. The court, without examining merits, disposed of the petition directing respondent No.3 to consider the representation dated 18.07.2024 and pass appropriate orders within two weeks.

What did the court decide?

Direction to respondent No.3 to consider the petitioner's representation dated 18.07.2024 and pass appropriate orders within two weeks; no costs.

S.Ramanjaneyulu, Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

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[3331]

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APHC010329682024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY ,THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16705/2024

Between:

S.Ramanjaneyulu,

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.K VENUGOPAL REDDY

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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The Court made the following order:

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This writ petition is filed to declare the action of the respondents in not considering the petitioner’s claim for transfer to the place, opted by him, as per G.O.Ms.No.119, Finance (DCM-III) Department, dated 17.05.2013, as illegal and arbitrary.

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Petitioner, working as Senior Assistant at Primary Health Centre, Sambepalli, Annamayya District, met with a road accident on 24.08.2023, near Piler, Annamayya District, due to which he sustained multiple internal injuries. Petitioner availed medical leave from 25.08.2023 to 21.02.2024 and took treatment at Christian Medical College, Vellore and Ranipet Campus, Tamilnadu. Before the expiry of medical leave, the petitioner submitted

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SRS,J W.P.No.16705 of 2024

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Page 2 of 4

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representation dated 18.02.2024 to respondent No.3 through respondent No.4, requesting the authority to consider his case on humanitarian grounds and issue reposting orders at any existing vacancies available in Kadapa Town. Petitioner submitted joining report to respondent No.3, on 29.02.2024, by annexing medical fitness certificate. However, respondent No.3 issued the order dated 10.04.2024, posting the petitioner at Primary Health Centre Sambepalli. The said order was received by the petitioner on 13.04.2024. Thereafter, the petitioner made another representation dated 18.07.2024, requesting the authority to issue revised orders, reposting the petitioner to any existing vacant posts at Kadapa. Since no order was passed by respondent No.3, the above writ petition is filed.

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Heard learned counsel on either side.

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Learned counsel for the petitioner would submit that Government issued G.O.Ms.No.119 dated 17.05.2013, regarding transfer and posting of employees. He would submit that as per clause 2(iii) of the said G.O., the petitioner should have been posted at any other existing vacancy at Kadapa.

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Learned Assistant Government Pleader would submit that after a long leave, the petitioner was issued posting orders at the same place where he was working previously. Clause 2(iii) of G.O.Ms.No.119 dated 17.05.2013 has no application to the facts of the case. He would also submit that respondent No.3 shall consider the petitioner’s representation dated 18.07.2024 (Ex.P5), and pass appropriate orders.

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The relevant clause 2(iii) of G.O.Ms.No.119 dated 17.05.2013 is extracted hereunder:

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“The vacancy arising out of leave up to a period of six (6) months (*) shall not be filled in by Transfer. Posting orders to the employees on return from long leave of Six months and above shall be issued in clear existing vacancies without shifting other employees.”

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SRS,J W.P.No.16705 of 2024

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Page 3 of 4

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In the case at hand, after a long leave, the petitioner was posted at a place where, he was discharging duties, before availing leave. Therefore, the petitioner made representation dated 18.07.2024 under Ex.P5, requesting the authority to consider his case on humanitarian grounds and issue reposting orders at any of the existing vacancies at Kadapa, which enables the petitioner to take treatment periodically at Christian Medical College, Vellore, and Ranipet Campus, Tamilnadu. However, the same is pending with respondent No.3.

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In the facts and circumstances of the case, without going into the merits of the matter, since the petitioner made representation under Ex.P5, this writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the learned respondent No.3 to consider the petitioner’s representation dated 18.07.2024 and pass appropriate orders, strictly as per the Rules in vogue, within two weeks from the date of receipt of a copy of the order. No costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date : 05.09.2024 IKN

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SRS,J W.P.No.16705 of 2024

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Page 4 of 4

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143

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 16705/2024

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Date : 05.09.2024 IKN

S.Ramanjaneyulu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S.Ramanjaneyulu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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