K.Kalpana Sree v. The District Medical and Health Officer and 2 others
Court: High Court for State of Telangana
Bench: ABHINAND KUMAR SHAVILI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-22. K.Kalpana Sree v. The District Medical and Health Officer and 2 others. Read the judgment and...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (SPecial Original Jurisdiction) DAY OF DECEMBER TUESDAY, THE TWENTY SECOND TWO THOUSAND AND TWENTY PRESENT ABHINAND KUMAR SHAVILI THE HONOURABLE SRI JUSTICE 020 WRIT PETITION NO: 149 0F Between: years Occ IVPHA (F)' and K. Kaloana Sree, W/o. K. Raiasekhar, aged 53 lt/other District Child Hospital Janagaon, Janagam ... PETITIONER AND 1 TheDistrictMedicalandHealthofficer,JanagaonDlstrictatJanagon. 2 TheCommissionerofFamilyWelfare,stateofTelangana,Koti'Hyderabad its Principal Secretary, Health' Medical and 3 The State of Telangana, rep. by Family Welfare De[artment. Secretariat, Hyderabad' . ,. RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be plea.
sed to ;r;; ; writ, order or direction more particularly one in the nature of writ of Mandamus declare the inaction of the 1st respondent in transferring the petttioner to UPHC Jangaon vide Memo ;;;-N/;ih", and Child Hospital (MCH), Jangaon Rc. No. CC/Spl/2020, OateJ:- Zl-dt-ZOiO as highly illegal and arbitrary and . t". "qru"tiirrv the Hon,ble court may pleased to set aside the impugned orders dated 21t01t2020 by dectaiing trt ff," petitioner is entitled to be posted at UFWC, Jangaon as IVPHA(F) and pay the salaries with arrears' lA NO: 1 oF 2020 PetitionunderSectionl5lCPCprayingthatinthecircumstancesStatedinthe pleased affioavit iitea in support of the petition, itre-uigl^, Court may be to suspending tn"-irprg. "o order vide nc. No.
CClSpyeozo, oateo 21-01-2020, with a further direction to continue tne petiiioner at Mb Hospital' Jangaon or UFWC' Jangaon by and M'R' TAGORE Counsel for the Petitioner: SRI I GP FOR SERVICES-Il Counsel for the Respondents: made the following: ORDER The Court at the admission stage THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI 1IIRIT PETITION No. 3149 of 2O2O ORDER: This writ petition is being disposed of at the admission stage with the consent of learned counsel for the respective parties. This Writ Petition is filed seeking the following relief: ".... this Honble Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declare the inaction of the 1"1 respondent in transferring the petitioner from Mother and Child Hospital (MCH), Jangaon, to UPHC, Jangaon, vide Memo Rc. No. CC/Spll2O2O, dated 21. 01.
2020, as highly illegal and arbitrary, and consequently, the Hon'ble Court may pleased to set aside the impugrred orders dated 27. O1. 2O2O by declaring that the petitioner is entitled to be posted at UFWC, Jangaon, as MPHA(F) and pay the salaries with arrears and to pass such other order or orders .... " Heard Sri M. R. Tagore, learned counsel appearing for the petitioner, ard the learned Government Pleader for Services-ll appearing for the respondents. It has been contended by the petitioner that she is working asa Multi-Purpose Health Assistant (Female) at Urban Family Welfare Centre (UFWC), Jangaon. Later, she 2 AKS. J WP. No. 3l49 of 2020 was posted to work on deputation at Mother and Child Health (MCH), Jangaon, vide proceedings Rc. No. Spl. E1/2018, dated 21. 08. 2018 issued by respondent No. 1. While she was working on deputation at Mother and Child Health (MCH), Jangaon, the respondents have cancelled the said deputation vide Memo Rc. No. CC/ Spl/2020, dated 2I. OL.
2O2O and posted the petitioner to work at Urban Primary Health Centre (UPHC), Jangaon, instead of posting her at her original place of (UFWC), Jangaon' working at Urban Family Welfare Centre The petitioner further contended that she underwent a major heart surgery and she cannot travel long distances' Therefore' the petitioner has submitted a representation dated lO . O2. 2O2O requesting the respondents to post her at the original place of working i'e', at Urban Family Welfare Centre (UFWC), Jangaon, instead of posting her at Urban Primary have the respondents Health Centre (UPHC), Jangaon' When dated lO'O2'2Q2O' the the said representation not considered present writ petition' petitioner has filed the therefore, contended for the petitioner, Learned counsel respondents directing the petition be disposed of that the writ by submitted dated lO'O2'2O2O to consider the representation with accordance orders in pass appropriate the petitioner and 1aw. of 2O2O WP.
No-3r49 for Pleader Government 1earned hand' other On the had drawn attention respondents for the aPPea'ring Services-Il affidavit' 4 of the counter Nos'3 and to Court Page of this that the whereintherespondentshavespecificallystated and child from Mother was cancelled petitioner's deputation original at her and she was posted (MCH), Jangaon' Health Centre (UPHC), Health Primary at Urban place of working Welfare known as Urban Famiiy which was earlier Jangaon, that the writ contended He further (UFWC), Jangaon' Centre one as the relief a frivolous petitioner is petition filed by the by the already been granted petitioner has sought by the dated 2l'Ol'202O proceedings vide impugned respondents therefore, the grievance of the petitioner no longer and, a submitted petitioner has since the survives. However, would dated 1O the respondents representation 'O2 '2020 ' orders in accordance and pass appropriate consider the same with law.
by the the rival submissions made Having considered Court is of the for respective parties, this learned counsel considered view that a perusal of page Nos'3 and 4 of the that respondents would disclose counter affidavit filed by the as the petitioner has been resolved' the grievance of the Child cancelled from Mother and petitioner's deputation was she was posted at her original Health (MCH), Jangaon, and WP No. 3I49 of 2020 place of working at Urban Primary Health Centre (UPHC), Jangaon, u,hich was earlier known as Urban Family Welfare Centre (UFWC), Jangaon Be that as it may, since learned Government Pleader appearing for the respondents had contended that the respondents would consider the representation dated lO. O2. 2O2O submitted by the petitioner, this Court is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation dated 10. 02.
2020 submitted by the petitioner and pass appropriate orders in accordance with iaw within a reasonable period, preferably within a period of eight weeks from the date of receipt of a copy of this order' With the above observations, this Writ Petition is disposed of. No order as to costs. Petitions, if any pending, Consequently, Miscellaneous shall stand closed. SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, officer, Janagaon District at Janagon' 1. The District lr/ledical and Health Family Wetfare, State of Telangana, Koti, Hyderabad 2. The Commissioner of Ir'4edical and Family Welfare Department' 3. The Principal Secretary, Health, " iiit" ot i,itangana, S5cretariat, Hyderabad' Tagore, Advocate 4. One CC to Sri. I\,4. R. [OPUC] 5. Two CCs to GP for Services-ll' High Court for the State of Telangana' [OUT] 6. Two C. D. CoPies , --j'e,. r HIGH COURT DATED,,2211212020 ORDER HE $I4 WP. No. 3149 ol202O o p$21 O ,l t J,qro c) ,/ -h * .! ,: Disposing of the WP.
at the admission stage without costs. lrf I
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