T. Jamuna Vs Dr.Ravindra Naik

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of Writ of Mandamus, to declare impugned proceedings Rc.No .7253 / E4 . ll. G / Zone-rvt2o24 Dt-31ror t2o24 of the 2nd respondent as iilegar, arbitrary and violative enforceabre guiderines issued in G.o.Ms,No.go Dt-03-o7 -2024 and

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set-aside the same and consequentry direct respondents to continue the petitioner at PTC, Mamnoor, Warangal District.

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lA NO:^'l OF 2024

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the impugned Rc.No.7253iE4.il.GtZone-tvt2o24 Dt- 31-07-2o24 of the 2nd respondent while directing the respondents to continue the petitioner at prc, Mamnoor, Warangal District, pending disposal of writ petition.

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lA NO: 2 OF 2024

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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 preased to direct the respondents to take all those necessary steps to draw and pay the petitioner the sararies and alowances payabre for two days of July & for the month of Aug,2024 and continue to draw and pay the same every month, in the interest of justice.

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IA NO: 3 OF 2024

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Between:

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The State of Telanoana, rep. by its_Principal Secretary, lMedical Health and Famity Wetfare Ddparrment, 6r. a.R.^{-AmuJji;;'iAi";s";;;} a;*lr;ili Hyderabad - 50002i

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The Director. Pubric Hearth and Famiry werfare, Government of rerangana, Hyderabad.

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The District Medical and Health Officer, Mahabubabad District

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The District Medical and Health Officer, Warangal District.

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The Superintendent, M.G.M Hospltal, Warangal.

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The Principal, Police Training College, Maamnoor, Warangal District

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...PETITIONERS

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AND

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T.Jamuna, W/o Late Jatolh Ramsingh,.Aged about 54 years, Occ_ pharmacist Grade-t t, Workin g at pTC. l,laamno6r,' Wi;;t;i Di.t.iJt

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...RESPONDENT

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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 to vacate the interim orders in l.A.No.1 of 2024 dated 06.08.2024inW.P. No.21432 oI 2024 and dismiss the W.P. as it is devoid of merits.

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Counsel for the Petitioner: SRI K.RAM REDDY

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Counsel for the Respondents: GP FOR SERVICES-l

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CONTEMPT CASE NO: 2392OF 2024

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Contempt Case under Sections 10 lo 12 of Contempt of Courts Act to punish the respondents herein for willful and deliberate disobedience of the orders of this Hon'ble Court made in W.P. No. 21432 of 2024 daled 07 -08-2024.

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Between:

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T. Jamuna, W/o Late Jatoth Ramsingh, Aged about 54 years, Occ Pharmacist Grade-ll, Working at PTC, ltllaamnoor, Warangal District

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...PETITIONER

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AND

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1 Dr.Ravindra Naik, Director, Public Health and Family Welfare, Government of Telangana, Hyderabad.

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2 Dr.K.Venkat Ramana, District Medical and Health Officer, Warangal District.

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...CONTEMNORS

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Counsel for the Petitioner: SRI K.RAM REDDY

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Counsel for the Respondents: GP FOR SERVICES-l

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The Court made the following: COMMON ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.21432 of 2o.24

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and

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CONTEMPT CASE No.2392 of 2o24

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COMMON ORDER:

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Since the lis in these cases in inter-connected, they are heard together and are being disposed of by this common order.

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W.P.No.21432 of 2024 is hled seeking the following reliet

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'. .. to issue an appropriate Writ, Order or Direction, more particularh'one in the nature of Writ of Mandamus, to declarc the rmpugned proceedings Rc.No.7253l E4.II.G /Znte-lY /2024 Dt31-

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07 -2024 of the 2nd respondcnt as illegal, arbitrarJ, and violative enforcement guide lines issued in G.O.Ms.No.8O DI:O3-O7 -2024 and set aside the sarne and consequcntly direct respondents to continue the petitioner at I,lC, Mamnoor, Warangal District and to grant..."

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Heard Sri K. Ram Reddy, learned counsel appearing for the petitioner in both the Writ Petition as well as the Contempt Case, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

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Learned counsel for the petitioner submitted that white the petitioner was working as Pharmacist Grade-II at Mahatma Gandhi Memorial Hospital, Warangal, during the general transfers in pursuance of G.O.Ms.No.8O dated O3.OT.2024, she was initially

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2

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PK' J W.P.No.21432 of 2024 & C.C.No.2392 of 2024

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transferred and posted at Police Training College, Mamnoor, Warangal District, vide proceedings dated 27.07.2024 issued by respondent No.2. In pursuance of the same, the petitioner reported at Police Training College, Mamnoor, on 3O.O7.2O24, and her reporting letter was also endorsed by the officer concerned. While so, the respondents have issued the present impugned proceedings dated 31.07 -2024, modifying the petitioner's earlier transfer order dated 27.07.2024, and posted her at MPHC, Malyala, Mahabubabad District. Learned counsel contended that the said order modifylng the earlier tralsfer of the petitioner is bereft of any reasons and the same is illegal, arbitrary, and in clear violation of the guidelines issued by the Government in G.O.Ms.No.80 dated O3.O7.2024. Therefore, learned counsel for the petitioner prayed this Court to set aside the impugned order dated 31.07.2024 and sought a direction to the respondents to continue the petitioner in service at Police Training College, Mamnoor, Warangal District.

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Learned Government Pleader for Services-I, on instructions, submitted that the petitioner was initialiy working at Mahatma Gandhi Memoria"l Hospital, Warangal, which is a focal-area. Therefore, during the Generai Transfers-2o24, she was posted at

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3

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PK, J W.P.N'.21432 of 2024 & C.C.No.2392 of 2024

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Police Training College, Mamnoor, Warangal District, vide proceedings dated 27.07.2024. However, since it was found to be a focal-area, and transfer from focal to focal area is contrary to G.O.Ms.No.gO dated 03.O7.2024, the impugned proceedings dated 31.07.2O24 were issued, transferring and posting the petitioner at MPHC, Ma.lya,la, Mahabubabad District, which is a non-focal area. As such, the petitioner's transfer fails in line with the guidelines issued in G.O.Ms.No.8O daLed o3.O7.2O24. Hence, there is no illegalit5r in issuing the present impugned order dated 3LO2.2O24. Therefore, it is prayed to dismiss the present writ petition.

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At the time of admission, on 27.O9.2O24, this Court directed the respondents to pay the petitioner the salary and allowances for two days of July 2024 and August, 2024, and also directed to continue paying her the salaries and allowances every month pending further orders o[ this Court. Further, on OZ.Og.2O24, this Court has a]so directed the respondents to continue the petitioner in her present place of posting i.e., police Training College, Mamnoor, Warangal District.

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Today, learned counsel for the petitioner contends that despite the interim orders of this Court, the respondents are not permitting

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r--

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4

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PR' J W.P.No.21432 of 2024 & C.C.No.2392 of 2024

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the petitioner to discharge her duties at Police Training College, Mamnoor, Warangal District, and that she is also not being paid thc salaries and allowances. Therefore, learned counsel once again seeks indulgence of this Court.

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On the other hand, learned Government Pleader contends that the continuation of the petitioner at Police Training College, Mamnoor, Warangal District, is contrary to the guidelines issued in G.O.Ms.No.80 dated 03.07.2024, and he has placed on record a copy of the list of focal and non-foca,l vacancies available in Hanumakonda and Warangal Districts.

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Having heard the learned counsel for the respective^parties and on perusal of the record, it is evident that during the^general Transfers-2o24, the respondents failed to properly identify and notify the focal and non-focal areas prior to^providing the^{petitioner with an} opportunity to opt a place for her transfer. As such,^{the petitioner} initialty opted for transfer to Police^{TrainingCollege,Mamnoor,} Hanumakonda District, and was subsequently transferred^andposted at that place vide proceedings dated 27.O7.2024.^{However, according} to the respondents, her transfer was from one^{focal areato another,}

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is

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5

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PK, J W.P.No.21432 of 2024 & C.C.No.2392 of 2024

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and the said transfer was modified vide proceedings dated 3)..O7.2024.

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In similar circumstances, this Court disposed of W.p.No.2l405 of 2024 vide common order dated 30.12.2024, and the operative portion of the said order is extracted hereunder:

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' 1 1- In the, pe_cutiar facts and ciranm_stances of the ccLse, to meet the ends of justice, this Court d.een:s it appropriate t.o permit the petitioner to make a. fresh representation to the respondents, d.uly exercising her options. for transfer from the list 1 u;rnished_ Ay tne learned Gouemment pleader for S6rubes_1, uithin a peri.od of one (Ol) ueek from the d.ate of receipt of a copg of thts order. On receipt of such repreientation'fro,m the petitioner, the respondenls shall consid.er the sime and_ pass appropriate orders a.s to posting of the petitioner, strictlg in accordance uith law,^-no*.r"i, iftnout rekre::: to impugned ord.er dated. al.OZ.ZOZi, os expeditiouslg as possible, preferabty tuithin a pertod. of (03) uteeks thereof, and. communiiate a copg of the same to the petitioner. This Court also d.eemi it tri ana proper to further direct the respond.ents to piu the p^.:ili9":a salanes for the inteffegnum peaoi iu.".y., 30.07.2024 tiil the issuance oy a Veih positng "ia.r.

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With the aboue directions, the Wit petition is disposed of."

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1 i. Having regard to the peculiar facts and circumstances of the case and for the reasons alike in the common order dated gO.12.2O24 passed by this Court in W.p.No.2 t4OS of 2024 and C.C.No.2 2?4 of

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PK, J W.P.No.2l432 of 2024^& C.C.No.2392 of 2024

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2024, tlris Court deems it appropriate^{to dispose of the present Writ} Petition permitting the^petitioner to^{make a fresh representation to} the respondents, duly exercising^{her optionsfor transfer fromthe list} furnished by the learned Government^{Pleader for Services-I, withina} period ofone (01) week from the date of^{receipt ofa copyof this order'} On receipt of such representation^{from the petitioner,the respondents} shall consider the same and^{pass appropriateorders as to posting of} the petitioner, strictly in^{accordance with law, however, without} reference to the impugned^{order dated 31.07.2024, as expeditiously} as possible, preferably within^{a period of (03) weeks thereof,and} communicate a copy of^{the same to the petitioner.This Court also} deems it fit and^{proper to further direct the respondentsto pay the} petitioner salaries for July 2024 arrd^{August2024,andalsocontinue} paying the same, till the issuance^{of a fresh posting orderto the} petitioner.

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With the above directions,^{the Writ Petition is disposedof'}

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Insofar as C.C.No.2392^{of 2024 is concerned,the respondents} have specifically^pleaded that^{the interim order of this Courtdated} 07.O8.2O24 in W.P.^{No.21432of 2024 couldnot be compliedwith, in} view of the legal hurdles, but^{not wantonly. Further, the respondents}

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PK, J W.P.No.21432 of 2024 & C.C.No.2392 of 2024

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have also hled a vacate stay petition in the Writ Petition seeking to vacate the interim order itself. Therefore, there is absolutely no wilful disobedience on the part of the respondents as alleged by the petitioner.

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Having satisfied with the above made submissions, this Court is of the view that the petitioner has failed to make out wilful disobedience on the part of the respondents for imposition of punishment under the Contempt of Courts Act, 1971 .

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Accordingly, the Contempt Case is closed,

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Pending miscellaneous petitions, if any, shall stand closed.

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No costs.

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SD/-I. NAGALAKSHMI DEPUTY REGISTRAR

/iTRUE COPY//

SECTION OFFICER

To,

1 The Principal Se_cretary, Medical Health and Family Welfare Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad j State of Telingana - 500 o22

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