THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE SANJAY KUMAR W.P.No.26776 of 2009 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of certiorari calling for the records relating to the orders dated 27.07.2009,24.08.2009 and 20.11.2009 passed in O.A.No.8746 of 2009 by the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’) and for quashing the same. 2. The 4th respondent herein is the applicant in O.A.No.8746 of 2009 filed seeking to declare the action of the second respondent therein in issuing proceedings dated 16.07.2009 transferring him from P.P. Unit, Saluru to Primary Health Centre, Guruvinaidupeta, Vizianagaram District, as illegal, arbitrary and contrary to the rules and guidelines in G.O.Ms.No.169 dated 17.06.2009. In the said O.A., the Tribunal directed the respondents to maintain status quo in respect of the applicant vide order dated 27.07.2009 and on 24.08.2009 while admitting the O.A., ordered that the said interim order is made absolute. On 20.11.2009, since it was represented by the learned counsel on either side that in view of the proceedings dated 19.11.2009 issued by the Director of Health, Andhra Pradesh, Hyderabad, no further orders are necessary in this O.A., the Tribunal closed the said O.A. 3. The case of the petitioner is that he worked as Civil Assistant Surgeon at Thonam for a period of 5 years and 9 months and thereafter, on lifting the ban on transfers by the Government vide G.O.Ms.No.169 dated 17.06.2009, he made an application for transfer from Thonam to Salur on spouse grounds and accordingly, the 2nd respondent issued transfer proceedings dated 14/15.07.2009 posting him as Civil Assistant Surgeon at P.P.Unit, Salur, Vizianagaram District and he joined duty on 22.07.2009 relieving the 4th respondent herein. Thereafter, the official respondents issued proceedings dated 19.11.2009, as a result of which, the petitioner was retained at his earlier place at Thonam. Hence, he filed the present writ petition stating that neither he was put on notice by the official respondents while issuing the retention proceedings dated 19.11.2009 nor the 4th respondent has arrayed the petitioner as party respondent to the O.A. 4. Heard both sides and perused the material on record. 5. From a perusal of the material on record, it is evident that O.A.No.8746 of 2009 filed by the 4th respondent was closed on 20.11.2009 as it was represented by the learned counsel on either side that in view of the proceedings dated 19.11.2009 no further orders are necessary in the O.A. In view of the proceedings dated 19.11.2009 issued by the official respondents, the petitioner was retained at his earlier place at Thonam. It is true that while issuing the said proceedings, the petitioner was not put on notice by the official respondents nor the 4th respondent has impleaded him as party respondent in the O.A. 6. In the circumstances, we deem it appropriate to set aside the orders impugned and remand the matter to the Tribunal. The petitioner is permitted to file an application before the Tribunal seeking his impleadment as party respondent in the O.A., within a period of two weeks from the date of receipt of a copy of this order. On filing such an application, the Tribunal shall consider the same and within six months thereafter, dispose of the O.A., afresh, on merits, after affording an opportunity of being heard to both the parties. Till such time, status quo obtaining as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:24.02.2010. Note: Issue CC within three days. (Bo) sj