WP/22481/2004 of G.Thirupathi, Vs The Government of A.P., Health, Medical AND Family Welfare 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: 22481 of 2004

Between:

G.Thirupathi, S/o.Venkatesham, Nalgonda.

AND

..... PETITIONER

1 The Government of A.P., Health, Medical & Family Welfare (C2) Department,Secretariat, Hyderabad rep.by its Principal Secretary.

2 The Director of Health, Andhra Pradesh, Koti, Hyderabad- 500095.

3 The Commissioner of Municipal Corporation of Hyderabad, MCH Complex,Near Tank Bund, Hyderabad-500029.

4 Sri Abul Khair, son of not known to the Applicant, Chadharghat Section, MCH, Nampally Sarai Guest House, Near Nampally,Railway Station, Hyderabad-500036.

.....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 a writ of Mandamus, or any other appropriate writ, order or direction, declaringthe orders dated: 15-10-2004 of the Hon'ble A.P. Administrative Tribunal passed inO.A.No.2530 of 2004 and allow the O.A. prayed therein directing the respondents totreat the gap period of the petitioner as compulsory weight till he joined in Nalgondaand pay him all consequential benefits that will arise on that basis and pass suchother order or orders.

Counsel for the Petitioner: MR.T.P.ACHARYA

Counsel for the Respondents 1 & 2: GP FOR SERVICES I

Counsel for the Respondent No.3: MR.GHONTA RAMA RAO (SC FOR M.C.H.)

The Court made the following:

ORAL ORDER:-(Per GB,J.)

The Writ Petition is filed against the order, dated 15.10.2004 passed by the A.P.Administrative Tribunal in O.A.No.2530 of 2004.

2. The petitioner was on promotion and he was selected as District Malaria Officerand posted to Srikakulam District. However, he represented to the authority that onaccount of personal problems he should be posted to Hyderabad at the cost of hisreversion. His case was accepted and he was reverted from Srikakulam and postedat Hyderabad vide proceedings dated 2.9.2002. However, he was again transferredfrom Hyderabad to Nalgonda by an order, dated 7.11.2003, against which, he madeseveral representations to the authorities. Thereafter, the authorities issuedG.O.Rt.No.326, dated 26.3.2002, rejecting his representations, which waschallenged before the Tribunal. The Tribunal, however, refused to interfere with theissue and dismissed the same by an order dated 15.10.2004.

3. The learned counsel for the petitioner submits that the very purpose of seekingreversion and coming back to Hyderabad will not survive by posting him beyondHyderabad. The learned counsel further submits that now by virtue of petitioner’sposting at Nalgonda, he is required to work under a junior and that the ground raisedby the respondents that the petitioner has not take any steps to control the ‘MalariaEradication Programme’, is also ill found.

4. Learned Government Pleader further submits that since there are somecomplaints against the petitioner by the Commissioner, Municipality, he is sought tobe sent to Nalgonda.

5. We have heard the learned counsel for the parties.

6. It is to be noted that on request the petitioner was transferred to Hyderabad onreversion. Therefore, he has to be necessarily kept in Hyderabad, if not, in MunicipalCorporation. If any charges are framed, it is open for the authorities to proceed withthe departmental enquiry in accordance with the Rules. The very purpose oftransferring him to Hyderabad will be frustrated if he is again transferred toNalgonda, more especially when he came on reversion.

7. Under those circumstances, we find that the second respondent-Director of Healthhas to review the situation and pass appropriate orders to ensure that the petitioneris transferred back to Hyderabad that would be in tune with the orders passed earlierby the Government accepting his reversion and posting him at Hyderabad.

8. Accordingly, the Writ Petition is disposed of directing the second respondent toreview the matter and pass appropriate order within a period of four weeks from thedate of receipt of a copy of this order. No costs.

___________________

G. BIKSHAPAHTY, J.

_______________

P.S. NARAYANA, J.

Date: 30.12.2004

To

1 The Principal Secretary to Government, Health, Medical & Family Welfare (C2)Department, Secretariat, Hyderabad. 2 The Director of Health, Andhra Pradesh,Koti, Hyderabad- 500095.

3 The Commissioner of Municipal Corporation of Hyderabad, MCH Complex,Near Tank Bund, Hyderabad-500029.

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

5 2 CCs to the G.P. for Services I, High Court of A.P., Hyderabad (OUT).

6. 2 CD copies.