WP/24250/2004 of Dr. K. Shashikanth, Vs The District Medical AND Health Officer, 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 : 24250 of 2004

Between:

Dr. K. Shashikanth, S/o K. Aravind,R/o 8-6-257/A, Padmavathi Colony, Mahaboobnagar,Mahaboobnagar District.

..... PETITIONER

AND

1 The District Medical & Health Officer, Mahaboobnagar.

2 The Director of Health, Hyderabad.

3 The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings , Hyderabad. Secretariat Buildings , Hyderabad.

4 Dr. R. Rajani, W/o Vidya Sagar,

R/o Kapilavasthu Junior College, Mahaboobnagar, Mahaboobnagar District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue an appropriate writ, order or direction, moreparticularly one in the nature of Writ of Mandamus: i) declaring theimpugned order of the Respondent No.1 in proceedings Rc.No.4840/E1/2004, dt. 10-12-2004 as arbitrary, illegal, violative of Articles 14, 16 & 21 of the Constitution of India and consequently set asidethe same; and be pleased to pass such other order or ordersCounsel for the Petitioner:MR.A.SUDERSHAN REDDYCounsel for the Respondents 1 to 3 : Government Pleader forServices-I, The Court at the admission stage made the following :

ORDER: (per Hon’ble Mr.Justice G.Bikshapathy)

Assailing the order passed by the A.P. Administrative Tribunal inO.A.No.6784/2004 dated 16-12-2004 refusing to interfere with the proceedings Rc.No.4840/E1/2004 dated 10-12-2004 of the 1[st]respondent by which the petitioner was transferred and posted atBhoothpur, the present Writ Petition has been filed.

It is stated that the petitioner who was working as Civil AssistantSurgeon on contract basis at Edira was transferred to Bhoothpur bythe proceedings of the 1[st] respondent dated 10-12-2004. Challengingthe said order, the petitioner approached the A.P. AdministrativeTribunal in O.A.No.6784/2004 and the Tribunal by the order dated16-12-2004 refused to interfere with the said order of transfer anddismissed the O.A. Hence, the Writ Petition.

The learned Counsel for the petitioner submits that as per the originalterms and conditions of appointment the petitioner is not liable to betransferred to any other place. The learned Counsel also submittedthat the transfer was not effected in accordance with the Rules andtherefore the impugned order of transfer issued by the 1[st] respondentdated 10-12-2004 is liable to be set-aside.

We have perused the order under challenge and also theproceedings of transfer of the 1[st] respondent dated 10-12-2004.

The Tribunal after considering the matter observed that in theguidelines annexed to G.O.Ms.No.105, Health, Medical & FamilyWelfare (J2) Department dated 29-1-2004, the Department reservedthe right to transfer contractual appointees. The Tribunal furtherobserved that in the absence of material it is not possible to concludethat the petitioner is continuing under the same terms and conditionsunder which he was originally appointed in the year 2001 and underthe revised guidelines it is stated that for the exigencies of service, itis open to the authorities to effect transfers. The Tribunal also furtherobserved that transfer is an incidence of service and dismissed theO.A. Under these circumstances, we do not find any illegality in theorder passed by the Tribunal and we accordingly dismiss the WritPetition. No order as to costs.

____________________

Justice G.Bikshapathy

____________________

Justice P.S.NarayanaDate : 30-12-2004

AM

To

1 The District Medical & Health Officer, Mahaboobnagar.

2 The Director of Health, Hyderabad.

3 Principal Secretary to Government,

State of Andhra Pradesh, Secretariat Buildings , Hyderabad. 4. .2CCs to Government Pleader for Services-I, High Court of A.P., Hyderabad (OUT)

5. 2CD copies

6. The A.P. Administrative Tribunal, Hyderabad.