ORDER : 1. This Writ Petition is filed seeking the following relief: “......declaring the G.O.Rt. No. 584, Health, Medical and Family Welfare (B) Department, dated 04.10.2023 to the extent that it posts the Respondent No. 3 in the place of the Petitioner and directing the Petitioner to relieve herself and report before the Director of Public Health and Family Welfare, Telangana by Rc. No. 4510/E1-B/2023 dated 06.10.2023 and also not considering her representation as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and set aside the same and further continue the Petitioner at Medchal-Malkajgiri District and pass such other order or orders as may deem fit and proper in the circumstances of the case.” 2. Heard Sri M. Srikanth, learned counsel for the petitioner, learned Government Pleader for Services-I appearing for respondents 1 and 2 and Sri G. Ravi Mohan, learned senior counsel appearing on behalf of Sri Naresh Kumar Gorige, learned counsel for respondent No. 3. 3. Learned counsel for the petitioner has submitted that the petitioner was initially appointed as Civil Assistant Surgeon. Thereafter, basing on the Post Graduation qualification in Community Medicine acquired by the petitioner, she was promoted to the post of Additional District Public Health Officer (in short ‘ADPHO’) vide G.O.Rt. No. 533, Health, Medical & Family Welfare (B) Department, dated 08.09.2023, and posted at Medchal-Malkajgiri District. Further, as per Rules issued in G.O.Ms. No. 261, dated 28.06.2002, as amended by G.O.Ms. No. 37, dated 28.05.2016, the post of ADPHO is included in class ‘A’ category 3 (f) and has to be filled by promotion from the post of Deputy Civil Surgeon/Assistant Civil Surgeon and separate qualification has been prescribed for the post of ADPHO. Hence, it is a separate and distinct post from that of DM & HO post. It is further contended that earlier the erstwhile State of Andhra Pradesh vide G.O.Ms. No. 191, dated 04.12.2013 had sanctioned 23 posts of ADPHO in addition to the posts of District Medical & Health Officer (DM & HO) and both are equivalent cadre posts. Further, after bifurcation of the erstwhile State of Andhra Pradesh, 10 posts of ADPHOs were allotted to the State of Telangana. The petitioner herein has been regularly promoted to the post of ADPHO after approval of the DPC for the panel year 2022-2023. While so, vide G.O.Rt. Further, after bifurcation of the erstwhile State of Andhra Pradesh, 10 posts of ADPHOs were allotted to the State of Telangana. The petitioner herein has been regularly promoted to the post of ADPHO after approval of the DPC for the panel year 2022-2023. While so, vide G.O.Rt. No. 584, dated 04.10.2023, the third respondent herein is promoted to the post of DM & HO and vide order dated 06.10.2023, and posted as DM & HO at MedchalMalkajgiri without therebeing any vacancy in the cadre of DM & HO and consequently the petitioner was directed to get herself relieved and report before respondent No. 2 for further orders, which action is arbitrary and illegal. Learned counsel has further contended that respondents 1 and 2 ought not have posted third respondent in a post which is not in existence and when the petitioner is already working in the said place. Further, vide G.O.Ms. No. 81, dated 18.06.2018, the Government has imposed ban on all transfers w.e.f. 16.06.2018 and has specifically directed that posting orders to employees on account of promotion shall be issued in the clear existing vacancies without shifting any other employees. Hence, the present posting order is contrary to said instructions of the Government itself and it appears that G.O.Rt. No. 584, dated 04.10.2023, to the extent of posting respondent No. 3 to Medchal-Malkajgiri District is without verifying the vacancy position. Therefore, the petitioner is before this Court challenging G.O.Rt. No. 584, dated 04.10.2023, to the extent of posting respondent No. 3 at Medchal-Malkajgiri, in the place of the petitioner, and also the consequential proceedings issued by respondent No. 2, dated 06.10.2023, posting respondent No. 3 and directing the petitioner to report before respondent No. 2. Therefore, the learned counsel seeks indulgence of this Court. 4. Per contra, the learned Government Pleader for Services-I appearing for respondents 1 and 2 has contended that vide G.O.Rt. No. 533, dated 08.09.2023, respondent No. 1 has promoted the petitioner as ADPHO from the feeder category of Deputy Civil Surgeon for the panel year 2022-2023 and she was posted at Medchal-Malkajgiri and she has reported to duty on 12.09.2023. Further, before bifurcation, in the combined State of Andhra Pradesh, 23 posts of ADPHO posts were sanctioned vide G.O.Ms. No. 199, dated 04.12.2013, which are in addition to the DM & HO posts. Further, before bifurcation, in the combined State of Andhra Pradesh, 23 posts of ADPHO posts were sanctioned vide G.O.Ms. No. 199, dated 04.12.2013, which are in addition to the DM & HO posts. After bifurcation, 10 posts of ADPHOs are allotted to the State of Telangana. Learned Government Pleader has further contended that Departmental Promotion Committee has approved the name of the petitioner for promotion to the post of ADPHO for the panel year 2022-2023 and she was posted at MedchalMalkajgiri in the existing vacancy of ADPHO and she has been discharging her duties as ADPHO. While so, respondent No. 1 vide G.O.Rt. No. 584, dated 04.10.2023, issued promotion orders to certain Deputy Civil Surgeons as Civil Surgeons duly posting them as DM & HOs in the State of Telangana, in which, respondent No. 3 is posted as DM & HO, Medchal-Malkajgiri District. Accordingly, respondent No. 3 has joined as DM & HO, Medchal-Malkajgiri, on 07.10.2023 duly relieving the petitioner. Further, respondent No. 1 has filled up the post of DM & HO duly posting respondent No. 3, who is senior to the petitioner, and most suitable for smooth functioning of the administration and also in the interest of justice. Therefore, there are no merits in the writ petition and the same is liable to be dismissed. 5. Learned senior counsel appearing for respondent No. 3 has contended that respondent No. 1 was pleased to issue G.O.Rt. No. 584, dated 04.10.2023, promoting respondent No. 3 as DM & HO. Further, consequent to transfer of Mr. Mallikarjuna Rao, DM & HO, Medchal-Malkajgiri, Dr.P.Srinivas Rao, was posted at I/c. DM & HO w.e.f. 20.04.2022 and during the period of Dr. P. Srinivas Rao as I/c. DM & HO, the petitioner herein has joined as ADPHO w.e.f. 11.09.2023. Sri P. Srinivasa Rao has continued as I/c. DM & HO, till he is promoted as Civil Surgeon in pursuance to G.O.Rt. No. 584, dated 04.10.2023, and posted as DM & HO, Khairatabad Zone, GHMC, and he joined there by handing over the charge to the third respondent herein whereas the petitioner was posted as ADPHO, in fact, she was directed to get herself relieved and report to the second respondent in pursuance of the impugned letter, dated 06.10.2023 of the second respondent. Instead of reporting to the second respondent, the petitioner has approached this Court and filed the present writ petition. Instead of reporting to the second respondent, the petitioner has approached this Court and filed the present writ petition. Learned senior counsel has further contended that the petitioner’s grievance is only with regard to her being relieved from the present post and reporting to the second respondent office but not against third respondent being posted as DM & HO, Medchal-Malkajgiri, by relieving Dr. P. Srinivasa Rao, who was In-charge DM & HO. The petitioner has filed the present writ petition only with the assumption that she will be posted somewhere else and there is no cause of action for filing the writ petition. Further, the statement of the petitioner that there is no vacancy of the post of DM & HO at Medchal-Malkajgiri, is not correct and there is a clear vacancy in which temporary arrangement was made by posting Dr. P. Srinivas Rao as In-charge DM & HO and thereafter the third respondent is being posted as DM & HO, Medchal-Malkajgiri. Hence, the statement of the petitioner that the third respondent was posted in her post is incorrect since the third respondent was posted as DM & HO and not as ADPHO and there is no ambiguity in the orders passed by the second respondent. It is further contended that respondents 1 and 2 have not violated any Rules in issuing G.O.Ms. No. 584, dated 04.10.2023, promoting the Civil Surgeons, and in fact, the petitioner herself admitted that she was posted as ADPHO. Therefore, the petitioner is nothing to do with the promotion of respondent No. 3 and posting him as DM & HO at Medchal-Malkajgiri District. Hence, the learned senior counsel prayed to dismiss the writ petition. 6. This Court has taken note of the submissions made by the respective counsel and perused the material on record. 7. A perusal of the record discloses that the petitioner who was working as Deputy Civil Surgeon was promoted as ADPHO for the panel year 2022-2023 vide G.O.Rt. No. 533, dated 08.09.2023 and posted as ADPHO, Medchal-Malkajgiri. Consequently, she was relieved on 11.09.2023 and reported for duty on 12.09.2023. Thereafter, the first respondent has issued G.O.Rt. No. 584, dated 04.10.2023 promoting certain Deputy Civil Surgeons to the post of Civil Surgeons (General Health), including respondent No. 3, for the panel year 2022-2023 and he was posted at Medchal-Malkajgiri. No. 533, dated 08.09.2023 and posted as ADPHO, Medchal-Malkajgiri. Consequently, she was relieved on 11.09.2023 and reported for duty on 12.09.2023. Thereafter, the first respondent has issued G.O.Rt. No. 584, dated 04.10.2023 promoting certain Deputy Civil Surgeons to the post of Civil Surgeons (General Health), including respondent No. 3, for the panel year 2022-2023 and he was posted at Medchal-Malkajgiri. In pursuance thereof, respondent No. 2 has issued the impugned proceedings dated 06.10.2023 directing one Dr. Putla Srinivas, I/c. DM & HO, Medchal-Malkajgiri, to handover the charge to respondent No. 3 herein and also directing the petitioner to get herself relieved from the post of ADPHO and report before respondent No. 2 for further orders. From the above, it can be understood that the post of DM & HO and ADPHO are separate and distinct. 8. That apart, while adopting The Andhra Pradesh Health, Medical & Family Welfare Service Rules, 2002, to the State of Telangana, vide G.O.Ms. No. 37, Health, Medical and Family Welfare (B1) Department, dated 28.05.2016, certain modifications were made to the Rules. As per Rule 4 thereof, the qualifications prescribed for the post of ADPHO are as under: “(i) MBBS degree or an equivalent qualification as entered in the Schedule to the Indian Medical Council Act, 1956 as subsequently amended. (ii) Diploma in Public Health or M.D. (Social and Preventive Medicine) of a recognized University. (iii) Experience in the Public Health Field Service of not less than 5 years after obtaining Diploma in Public Health or M.D. (Social and Preventive Medicine) qualification. Note: Preference shall be given to those with training in Epidemiology in the National Institute of Communicable Diseases, or any other equivalent recognized training.” Whereas the qualification prescribed for the post of Civil Surgeon is ‘MBBS degree or an equivalent qualification as entered in the Schedule to the Indian Medical Council Act, 1956, as subsequently amended’. In view of the above, this Court is of the view that the posts of DM & HO and ADPHO are different and distinct. 9. Now, the question remains before this Court is with regard to the vacancy/vacancies of ADPHO/DM & HO available in the Medchal-Malkajgiri District. 10. A perusal of the mterial on record reveals that vide G.O.Ms. No. 142, dated 22.08.2023, the Government has sanctioned 5 additional DM & HO Offices in GHMC area in addition to the existing DM & HO. 9. Now, the question remains before this Court is with regard to the vacancy/vacancies of ADPHO/DM & HO available in the Medchal-Malkajgiri District. 10. A perusal of the mterial on record reveals that vide G.O.Ms. No. 142, dated 22.08.2023, the Government has sanctioned 5 additional DM & HO Offices in GHMC area in addition to the existing DM & HO. With the sanction of 5 new DM & HO offices, the State has 38 DM & HO Offices. It is further clarified, at Para 3 A (iv) thereof, that out of 38 DM & HOs, 10 DM & HOs shall be ADPHOs, which goes to show that both the cadres are equivalent in nature. Further, as per Annexure II-B appended to G.O.Ms. No. 142, dated 22.08.2023, one DM & HO/ADPHO was sanctioned to Medchal-Malkajgiri District. Thus, there is a sanction of only one post to Medchal-Malkajgiri. 11. Further, as can be seen from G.O.Ms. No. 24, Finance (HRM-1) Department, dated 08.02.2017, consequent to formation/reorganization of Districts, Revenue Divisions and Mandals in the State of Telangana, the Government has issued orders distributing the available cadre strength among the Districts. A perusal of the annexure appended to the said G.O. makes it abundantly clear that only one ADPHO post has been allocated to Medchal District and no District Medical & Health Officer post has been allotted to Medchal District. Therefore, this Court is of the view that when the petitioner is already working as ADPHO in Medchal-Malkajgiri District, the respondents ought not have posted the third respondent in the place of the petitioner. Therefore, G.O.Rt. No. 584, Health, Medical and Family Welfare (B) Department, dated 04.10.2023, issued by respondent No. 1 and the proceedings in Rc. No. 4510/E1-B/2023, dated 06.10.2023, issued by respondent No. 2 are set aside to the extent of posting respondent No. 3 at Medchal-Malkajgiri and the respondents are directed to continue the petitioner as ADPHO at Medchal-Malkjgiri. 12. Accordingly, the Writ Petition is allowed. 13. Miscellaneous Petitions pending, if any, shall stand closed. No order as to costs.