M.PENCHALAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The above Writ Petition is filed impugning the G.O.Rt.No.781 Health, Medical & Family Welfare (B.I) Department dtd. 21/12/2024, as modified by G.O.Rt.No.1 Health, Medical & Family Welfare (B.I) Department dtd. 1/1/2025, whereby the petitioner was transferred and G.O.Rt.No.782 Health, Medical & Family Welfare (B.I) Department dtd. 21/12/2024 issued by 1st respondent transferring the 5th respondent to the place of petitioner, as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India.

(2.) a) Averments in the affidavit, in brief, are that the petitioner was initially appointed as Civil Assistant Surgeon on 6/1/1992. He was promoted to Deputy Civil Surgeon on 1/12/2007 and Civil Surgeon on 23/10/2019. The petitioner was posted as Additional DM and HO Chittoor, and subsequently transferred and posted as DM & HO, Nellore vide G.O.Rt.No.371, Health, Medical & Family Welfare Department dtd. 6/5/2022.

(3.) a) A counter affidavit was filed on behalf of 1st respondent. It was contended, interalia, that the Government took a comprehensive view of the performance of DM & HOs in the State. Certain DM & HOs are not performing their duties up to the mark and are poor in achieving the desired targets as per key performance indicators. As such, the Government, keeping in mind, that there is a ban on transfers, circulated the file in e-office to the Chief Minister through the Minister for Health, Medical and Family Welfare duly appraising the facts and the Chief Minister approved on 20/12/2024. Accordingly, transfers and posting orders are issued including the petitioner and 5th respondent. The transfer of the petitioner is made on administrative grounds. The concurrence of the Finance Department was obtained vide U.O.No.FIN01-HR0PDPP (TRPO)/188/2024-HR-I (2665746), dtd. 30/12/2024, as the secretariat instance of e-office was not available from 21/12/2024 to 28/12/2024 due to migration of e-office system to the latest version. The Government issued a concurrence order vide G.O.Rt.No.784, HM & FW (B1) Department dtd. 31/12/2024.