WP/23517/2004 of P.Srinivas Vs A.P.MedicalANDHealth Services on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 23517 of 2004

Between:

P.Srinivas S/o.Meenaiah, Occu: Lab Technician, Government Civil Hospital, Huzurabad, Karimnagar Dist.

AND

..... PETITIONER

1 A.P.Medical & Health Services The Director Koti, Hyderabad.

2 A.P.Medical & Health Services Head Officer Karimnagar, Karimnagar Dist.

3 The Civil Surgeon, Govt., Civil Hospital Huzurabad, Karimnagar Dist.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ order or direction more particularly one in the nature of Writ of "certiorari”call for the records relating to order dt 27-10-2004 passed in OA No.5978/2004 bythe Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, and quash thesame as unjust and without any basis and also set aside the ordersRc.No.E2/1567/2004 dt 13-10-2004 issued by the 2nd respondent and further directthe respondents to continue the petitioner as lab Technician at Govt Civil Hospital,Huzurabad, Karimnagar District.

Counsel for the Petitioner: MR.M.RATNA REDDY

Counsel for the Respondents: GP FOR SERVICES II

The Court at the stage of admission made the following:

ORAL ORDER:-(PER GB,J.)

The Writ Petition is filed against the order, dated 27.10.2004 passed by the A.P.Administrative Tribunal in O.A.No.5978 of 2004.

2. The petitioner was working as Lab Technician in Government Civil Hospital,Huzurabad. He was transferred to Primary Health Centre, Mahamutharam, by thesecond Respondent vide proceedings Rc.No.E2/1567/2004, dated 13.10.2004. Thesaid proceedings were challenged in the O.A. The Tribunal dismissed the same atthe stage of admission with the following observation:

“The case of the applicant is that the transfer is in violation of theG.O.Ms.No.512, dated 14.6.2004 and also the orders of Government banningtransfers. Even though there may be administrative orders laying downcertain guidelines for transfers and orders banning transfers, the applicantought to have been exhausted the departmental remedies that are available tohim which are clear and present. Transfer is an incidence of service and thisTribunal will not interfere insuch matters particularly when clear alternativeremedies are available to him and the applicant without exhausting suchremedies cannot directly seek intervention of this forum. The applicant shalltherefore exhaust the alternative remedies that are available to him beforeapproaching this Tribunal since he has not done so. The O.A. is thereforedismissed at the admission stage.”

3. Learned counsel for the petitioner submits that the order of the Tribunal is in grossviolation of G.O.Ms.No.512, dated 14.6.2004 and that the same ought to have beenconsidered while dealing with the matter.

4. We are afraid we cannot accept the contention raised by the learned counsel.

5. The Tribunal, having observed that the petitioner has the alternative remedy ofapproaching the authorities, dismissed the O.A.

6. Under those circumstances, we do not find any ground to interfere with the orderof the Tribunal. However, we leave it open for the petitioner to make representationto the first respondent and the same shall be disposed of within a period of sixweeks from the date of receipt of a copy of this order.

7. With the direction indicated above, the Writ Petition is disposed of. No costs.

__________________G. BIKSHAPATHY, J.

_______________P.S. NARAYANA, J.

Date: 30.12.2004

ES

To

1 The Registrar, A.P. Administrative Tribunal, Hyderabad.

2 The Director, A.P.Medical & Health Services, Koti, Hyderabad. Koti, Hyderabad.

3 A.P.Medical & Health Services Head Officer

Karimnagar, Karimnagar Dist.

4 The Civil Surgeon, Govt., Civil Hospital Huzurabad, Karimnagar Dist. Huzurabad, Karimnagar Dist.

5 2 CCs to the G.P for Services II, High Court Buildings, Hyderabad (O.U.T).

6 2 CD copies