THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NOs.18540 and 18569 of 2010 31-08-2010 BETWEEN; Government of A.P rep. By its Principal Secretary to Government, Health, Medical and Family Welfare Department, Hyderabad. ...Petitioner vs. Dr.M.Savithri, Dr.B.V.Ranga Rao and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.NOs.18540 and 18569 of 2010 ORAL COMMON ORDER: (Per GR,J) Heard the learned Government Pleader for Services-I for the petitioner and Sri K.Ananda Rao, the learned counsel for the respective 1st respondents in both writ petitions. The writ petitions are directed against the common order of the Andhra Pradesh Administrative Tribunal, Hyderabad (the Tribunal) dated 22-04-2010 in O.A.Nos.1222 and 1228 of 2010 along with another O.A.No.653 of 2010. The relevant and contextual factual scenario: The 1st respondents in the two writ petitions herein filed O.A.No.653 of 2010 seeking invalidation of an order dated 29- 01-2010 passed by the Commissioner, A.P. Vaidya Vidhana Parishad transferring them on administrative grounds from Giddaluru to Ramachandrapuram in East Godavari District. O.A.Nos.1222 and 1228 of 2010 are filed by the respective first respondents in these writ petitions challenging the orders of the State Government in G.O.Rt.No.226, HM&FW (C1) Department, dated 23-02-2010 and in G.O.Rt.No.227 of the same Department and of the same date; and consequent proceedings issued by the 2nd respondent in the two O.As transferring the petitioners on administrative grounds from Giddaluru to Ramachandrapuram, East Godavari District. The orders in G.O.Rt.Nos.226 and 227 were issued in supercession of earlier orders of the Commissioner, A.P.Vaidya Vidhana Parishad dated 29-01-2010 ( the order impugned in O.A.No.653 of 2010). The applicants (respondents herein) were working in the Community Health Centre, Giddaluru of Prakasam District as Civil Assistant Surgeon and Civil Surgeon Specialist and are husband and wife. Pursuant to an inquiry on an allegation of misconduct, the applicants were warned and thereafter by the order impugned in O.A.No.653 of 2010 were transferred on administrative grounds to Ramachandrapuram from Giddaluru. Aggrieved thereby, they filed O.A.No.653 of 2010 wherein by an interim order dated 05-02-2010 the Tribunal suspended the transfer orders. Thereafter, the State Government issued G.O.Rt.Nos.226 and 227 both dated 23-02-2010 transferring the applicants to Ramachandrapuram. These orders of transfer allege certain irregular anterior conduct, the administering of warning to these applicants and state further that despite the warning the same lapses were being committed by the applicants again at Giddalur. Another reason proffered in the orders of transfer is that post of Civil Surgeon Specialist (OB&GY) at Area Hospital, Ramachandrapuram has been vacant and there is a public demand for the posting of a Gynaecologist thereat and therefore the transfers are being affected. Aggrieved by the orders in G.O.Rt.Nos.226 and 227 the applicants filed O.A.Nos.1222 of 2010 and 1228 of 2010. The Tribunal heard the three O.As and passed the common order impugned herein. Insofar as the order pertains to O.A.Nos.1222 and 1228 of 2010, the Tribunal held that there was no material with the authorities to disclose the administrative grounds on which the applicants were transferred; that the applicants were transferred on the basis of telephonic instructions received from the Principal Secretary to the Honourable Chief Minister; that the file pertaining to the impugned transfers does not indicate that subsequent to the warning administered to the applicants, they continued the same lapses; and that in the circumstances there was no additional material before the authorities to justify the conclusion that there were subsequent lapses on their part which constituted the foundation for the transfers. The Tribunal also held that since they were already warned for their lapses by an order dated 08-10-2009 issued by the Commissioner, A.P.Vaidya Vidhana Parishad, the transfers on the same grounds constitutes a punishment and is therefore unsustainable. The learned Government Pleader for Services-I contends that the respondents herein/the applicants before the Tribunal had longstanding service at Giddaluru and therefore their transfers are justified even otherwise on normal administrative grounds for the reason that it is the usual administrative practice not to continue an Officer at a station beyond three (3) years. It is also contended that there was a genuine administrative reason, namely, the need of a Gynaecologist at Ramachandrapuram and therefore the transfer ought not to have been interfered with by the Tribunal only on account of the inadvertent referral in the order of transfer to the anterior irregular conduct of the applicants which earlier resulted in the administration of a warning. The learned Government Pleader fairly states that since the orders of transfers namely G.O.Rt.Nos.226 and 227 dated 23-02-2010 do contain an averment as to the earlier irregularity committed by the applicants, there is some justification for an assumption that the transfers are punitive in nature but that should not result in deprivation of the right of the State to transfer an employee on normal administrative grounds without a pejorative label that the transfer is being affected for punitive reasons. The learned Government Pleader would state that the State Government would withdraw the orders in G.O.Rt.Nos.226 and 227 dated 23-02-2010 with liberty to issue fresh orders of transfer on administrative grounds, to the applicants/respondents herein. Sri K.Ananda Rao, the learned counsel for the applicants state that the order of the Tribunal is impeccable and warrants no interference since the Tribunal rightly found that transferring the applicants after administering a warning for the earlier irregularities and without any fresh irregularities mentioned in the file pertaining to the impugned transfers, was arbitrary. The orders of transfer issued against the respondents, in G.O.Rt.Nos.226 and 227 do refer to a warning administered on these applicants earlier on account of certain irregularities, by the Commissioner, A.P.Vaidya Vidhana Parishad. It however requires to be noticed that these orders clearly specify an administrative reason as well namely a vacancy in the post of Civil Surgeon Specialist at Ramachandrapuram and a vacancy in the post of Civil Assistant Surgeon at the Area Hospital, Ramachandrapuram requiring the filling up of these two posts to assuage the public grievance. The order of the Tribunal however assumes that a transfer cannot be affected unless there is a misconduct or irregularity in the conduct of an officer. Such an assumption has no basis in law. The phraseology of the Tribunal’s order legitimise an assumption that the orders of transfer in G.O.Rt.Nos.226 and 227 were invalidated on account of the absence of any material in the file pertaining to the transfers disclosing any subsequent misconduct by the applicants after the warning. Such is not the requirement of law. In view of the requirement of a Civil Assistant Surgeon and Civil Surgeon Specialist at Ramachandrapuram, which posts are lying vacant for a considerable time as asserted by the State Government and since the applicants have served for a considerable time at Giddaluru, Prakasam district, the State should be free to transfer these officers including to Ramachandrapuram if the State considers such course of action to be appropriate. In the above circumstances, the writ petition is disposed of at the stage of admission, after hearing the learned G.P for Services-I for the petitioners and Sri K.Ananda Rao, the learned counsel for the respondents, by setting aside the common order of the Tribunal dated 22-04-2010 in O.A.Nos.1222 and 1228 of 2010 while recording the undertaking on behalf of the writ petitioners-State that the orders in G.O.Rt.Nos.226 and 227, HM&FW (C) Department both dated 23-02- 2010 would be withdrawn forthwith, with liberty preserved in the State to issue fresh orders with regard to posting/transfer of the applicants/respondents. No order as to costs. ______________ GODA RAGHURAM,J ______________ R.KANTHA RAO,J 31st AUGUST 2010. TSNR