IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No.22615 of 2008 Between: Dr. B. Bala Sundara Rao, S/o. Meeaiah, Working as Dist.TB Control Officer (DTBCO) China Waltair Mental Hospital Complex, Visakhapatnam, A.P. ..... PETITIONER AND 1 The State of A.P. Rep. by its Prl. Secretary Health, Medical & Family Welfare Dept. Secretariat, Saifabad, Hyderabad. 2 The Director of Health Govt. of A.P. Sulthan Bazar, Hyderabad. 3 The State Rep. by its Principal Secretary Finance Dept. Secretariat, Saifabad, Hyderabad. 4 Dr. J. Sarojini W/o. S.K. Appa Rao Working as District Medical & Health Officer, Visakhapatnam, Visakhapatnam Dist., A.P. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring G.O.Rt.No.1074, Health, Medical & Family Welfare Dept., dt.8-8-2008, issued by the 1st respondent posting the party respondent in place of petitioner by transfer while relaxing the ban on transfers issued in G.O.Ms.No.169, dt.26-6-2008 though the relaxation cannot be exercised for a period of 3 months commencing from dt.17-6-2008 and relieving the petitioner from the post of DM & HO - FAC, Visakhapatnam though the petitioner is due to retire within a period of six months from the date of issuance of the impugned order and the consequential proceedings dt.13-8-2008 and the order of the Hon'ble A P A T, passed in O A. No.7525 of 2008, dt.15-9-2008 as illegal, unjust, arbitrary, thereby in violative of Art, 14 of the Constitution apart from contrary to the A.P. Health & Family Welfare Service Special Rules, and consequentially set aside the impugned order issued in G.O.Rt.No.1074, dt.8-8-2008 and the consequential proceedings dt.13-8-2008 and the order of the Hon'ble Tribunal passed in O.A.No.7525 of 2008, dt.15-9-2008. Counsel for the Petitioner: MR.K.R.PRABHAKAR Counsel for the Respondent Nos.1 &2: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent No.3: G.P. FOR SERVICES I Counsel for the Respondent No.4: Mr.D.V.NAGI REDDY The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No.22615 of 2008 ORDER: (Per GM,J) This writ petition is ﬁled for issuance of a writ of Mandamus declaring G.O.Rt.No.1074, Health, Medical & Family Welfare Department, dated 08.08.2008, issued by the ﬁrst respondent and the consequential proceedings dated 13.8.2008 and the order dated 15.09.2008 passed by the Andhra Pradesh Administrative Tribunal in O A. No.7525 of 2008, as illegal, unjust, arbitrary, and violative of Article 14 of the Constitution of India apart from being contrary to the A.P. Health & Family Welfare Service Special Rules, and consequentially to set aside the same. According to the petitioner, he was initially selected as Civil Assistant Surgeon in the year 1982 and later he was promoted as Civil Surgeon and posted as District Tuberculosis Control Oﬃcer. Thereafter, he was posted as District Medical and Health Oﬃcer of Visakhapatnam, on full additional charge basis in view of proceedings dated 29.06.2007. It is stated that the petitioner is going to retire within six months. While so, the ﬁrst respondent issued G.O.Rt.No.1074, dated 08.08.2008, whereunder Dr.J.Sarojini, the unoﬃcial fourth respondent was posted as District Medical and Health Oﬃcer, Visakhapatnam in the place of the petitioner by transfer relaxing the ban on transfers issued in G.O.Ms.No.169, Finance (W&M) Department, dated 26.06.2008, duly relieving the petitioner from the said post. Challenging the said G.O.Rt.No.1074, dated 08.08.2008 the petitioner approached the Tribunal and ﬁled the above said O.A. The Tribunal, by the impugned order dated 15.09.2008, while admitting the O.A., declined to grant interim orders by suspending the said G.O.Rt.No.1074, as no prejudice is caused to the petitioner by posting the fourth respondent and also there is no disturbance of the petitioner from the regular post as District Tuberculosis Control Officer. Sri S.Ramachandra Rao, learned Senior Counsel appearing for the petitioner vehemently contended that when there is a ban with regard to the transfer, the ﬁrst respondent ought not to have issued the said G.O. by relaxing the ban. He also contended that the petitioner is about to retire within six months and that he is senior to the unoﬃcial respondent, and therefore, he ought not to have been disturbed from the said post in between. On the other hand, the learned Government Pleader for Services I contended that the petitioner was holding the post of District Medical & Health Oﬃcer, Visakhapatnam on full additional charge, though his post was District TB Control Oﬃcer, and therefore, a regular candidate has been posted in his place. He further contended that implementation order was passed on 13.08.2008 and the petitioner was relieved on 14.08.2008. Having regard to the facts and circumstances of the case and having perused the impugned order dated 15.09.2008 passed by the A.P.Administrative Tribunal in O.A.No.7525 of 2008, we are of the view that there is no need to adjudicate the matter on merits, inasmuch as there is no conclusion or determination made by the Tribunal on merits adjudicating the issues involved in this case, and that the Government, as a matter of policy, had appointed the regular candidate i.e., the unofficial respondent in the said post. The writ petition is accordingly dismissed. However, the Andhra Pradesh Administrative Tribunal, Hyderabad is directed to dispose of O.A.No.7525 of 2008, within a period of one week from the date of receipt of a copy of this order. A copy of this order is directed to be marked to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. GHULAM MOHAMMED, J JUSTICE G.BHAVANI PRASAD Date: 31.10.2008 va