Andhra Pradesh High Court
WP/28565/2026 of MOHAMMAD BASHA Vs THE STATE OF ANDHRA PRADESH on 4 October 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 5th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28565/2026 Between: 1. MOHAMMAD BASHA, S/O. M. D. ALI, OCC. PHARMACY OFFICER (PHARMACIST GRADE- II), AGED ABOUT
APHC010526082026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 5th DAY OF OCTOBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 28565/2026
Between:
1. MOHAMMAD BASHA, S/O. M. D. ALI, OCC. PHARMACY
OFFICER (PHARMACIST GRADE- II), AGED ABOUT 39 YEARS, 0/O PHC, KANITHI, VISAKHAPATNAM, DISTRICT 530017.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.-522237
2. THE
COMMISSIONER
OF
FAMILY
WELFARE
CFW,
MANGALAGIRI, GUNTUR DISTRICT-522503
3. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, BSNL
BHAVAN,
OPP.
CHUTTUKUNTA,
ELURU
ROAD,
VIJAYAWADA, KRISHNA DISTRICT-521225
4. THE
REGIONAL
DIRECTOR,
MEDICAL
AND
HEALTH
SERVICES, ZONE-I, VISAKHAPATNAM-530013
5. THE DISTRICT MEDICAL AND HEALTH OFFICER, DISTRICT
MEDICAL AND HEALTH OFFICE, VISAKHAPATNAM DISTRICT.
530013
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not considering and disposing of the Petitioner representations dated 03.09.2026 and 09.09.2026 as illegal, arbitrary, injustice, Contrary to the Principles of natural Justice and Violation of provision of Article 14, 16 and 21 of Constitution of India and Consequently direct the respondents to Consider the Petitioner representations dated 03.09.2026 and 09.09.2026
IA NO: 1 OF 2026
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 direct the respondents to Consider the Petitioner representations dated 03.09.2026 and 09.09.2026 pending disposal of the above Writ Petition Counsel for the Petitioner:
1. BALA RAMESH YALAVARTHI
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
WRIT PETITION No.28565 of 2026
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ORDER:
1. The present Writ Petition is filed questioning the inaction of the Respondent-Authorities in not considering the representations, dated 03.09.2026 and 09.09.2026 of the Petitioner, as illegal and arbitrary.
2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner is working as a Pharmacy Officer at PHC, Bandaluppi, Parvathipuram Manyam District, since 28.03.2022. The Petitioner had submitted an application on 31.05.2025 seeking transfer outside the Tribal Area in the light of the General Transfer Policy issued vide G.O.Ms.No.23, Finance (HR-I-PLG & Policy) Department, dated 15.05.2025, where-under a preference was given to employees who have worked for more than two years in tribal areas. As the application of the Petitioner was not being considered, the Petitioner filed W.P.No.33574 of 2025 before this Court and this Court, taking note of the service of the Petitioner, had directed the Respondents therein to consider the representation of the Petitioner vide its orders dated 03.12.2025.
3. Consequent thereto, the Petitioner was posted to work at PHC, Kanithi, Visakhapatnam District. Now, the Petitioner submitted representations, dated 03.09.2026 and 09.09.2026, seeking posting at PHC, Bandaluppi, on account of the health condition of his wife and mother. As the representations are not being considered, the present Writ Petition is filed.
4. Learned Assistant Government Pleader submitted that the representations given by the Petitioner would be examined by the Respondent-Authorities and an appropriate decision would be communicated to the Petitioner.
5. Heard Sri Bala Ramesh Yalavarthi, learned counsel for the Petitioner as well as learned Assistant Government Pleader.
6. Considering the submissions, with the consent of learned counsel appearing on both sides, this Writ Petition is disposed of at the admission stage, with the following directions:-
(i) The Respondent-Authorities are directed to consider the representations, dated 03.09.2026 and 09.09.2026, given by the Petitioner and to communicate an appropriate decision to the Petitioner, after taking note of the factual assertion with regard to the health condition of the wife and mother of the Petitioner, within a period of three weeks from the date of receipt of a copy of this order.
7. No order as to costs.
8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 05.10.2026 chs
WRIT PETITION No.28565 of 2026 Dated: 05.10.2026
chs