WP/40081/2014 of Dr. G.Padmasri, Vs State of Andhra Pradesh, on 30 December 2014

THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE SMT JUSTICE ANIS

WRIT PETITION No.40081 OF 2014

ORDER: (per Hon’ble Sri Justice K.C.Bhanu)

This Writ Petition, under Article 226 of the Constitution of India, isfiled challenging the order, dated 22.12.2014, in Original ApplicationNo.6741 of 2014 passed by the Andhra Pradesh Administrative Tribunal,Hyderabad (for short, ‘the Tribunal’)

2. Petitioner herein filed the aforesaid Original Application to declareG.O.Rt.No.895, Health, Medical and Family Welfare (A1) Department,dated 21.11.2014, issued by the 1[st] respondent, as arbitrary and illegaland contrary to G.O.Rt.No.785, Health, Medical and Family Welfare (B)Department, dated 16.09.2014 and set aside the same.

3. The Tribunal, after considering the material on record came to theconclusion that transfer of applicant from Guntur to Nellore is neitherarbitrary nor requires interference by the Tribunal and dismissed theOriginal Application.

4. By virtue of G.O.Rt.No.895, dated 21.11.2014, the petitioner, who isworking as Professor of General Surgery, Government Medical College,Guntur, was transferred to Government Medical College, Nellore.

5. The power of transfer has to be exercised according to the Rules orguidelines issued by the Government, bona fide and for administrativeexigencies. Transfer is an incident of service.

6. Learned counsel for the petitioner contended that thoughGovernment issued guidelines vide G.O.Rt.No.785, dated 16.09.2014, foreffecting transfers, the authorities competent have not followed the sameand hence, he prays to set aside the impugned order.

7. On the other hand, learned Government Pleader for Services for theState of Andhra Pradesh appearing for the respondents contended thatpetitioner can as well make a representation to the competent authority toconsider his case in terms of G.O.Rt.No.785, dated 16.09.2014; that sincethe petitioner along with some other persons had already been transferredas a long standing person at Government Medical College, Guntur, thequestion of retaining her at that place does not arise and therefore, heprays to dismiss the Writ Petition.

8. Learned counsel for the petitioner stated that since the counsellinghas not been conducted, right to make representation to the authorities togive three places of choice of petitioner has been denied by the competentauthority, therefore, the competent authority has to consider therepresentation of the petitioner in terms of guidelines for transfer ofSpecialist Doctors in Medical and Health Department in terms ofG.O.Rt.No.785, dated 16.09.2014. The contention of learned counsel forthe petitioner appears to be proper and correct. Appropriate decision hasto be taken by the competent authority in terms of the G.O.Rt.No.785, dated16.09.2014.

9. Accordingly, the Writ Petition is disposed of directing the petitioner togive a representation to respondent No.1 choosing three places of herchoice other than Guntur and thereafter, the same shall be considered asper G.O.Rt.No.785, dated 16.09.2014 subject to availability of cadre post inthose three places within a period of three (3) weeks from the date ofreceipt of representation. There shall be no order as to costs.Miscellaneous petitions, if any, pending in this Writ Petition shall standclosed.

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JUSTICE K.C.BHANU

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JUSTICE ANIS

DECEMBER 30, 2014

YVL

THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE SMT JUSTICE ANIS

WRIT PETITION No.40081 OF 2014

Date: 30.12.2014