IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14155 of 2008 Between: A. Vijayamma S/o. K.Yohan Yakamuru PHC, Thotlavalluru Post and Mandal, Krishna District. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by its Principal Secretary, Health, Medical & Family Welfare (D2), Secretariat Buildings, Saifabad, Hyderabad. 2 The District Medical & Health Officer, Krishna, Machilipatnam 3 The Medical Officer, PHC, Thotlavalluru, Krishna district. .....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 a writ or order or direction, especially one in the nature of Writ of Certiorari: (i) call for the records pertains to OA No. 4455 of 2008 dt. 25-6-2008 on the file of AP Administrative Tribunal, Hyderabad and declare the GO.Ms.No.162 Health, Medical & Family Welfare (D2) Department dt. 14-5-2008 issued by the 1st respondent and consequential respondent in so far as petitioner is concerned, as illegal and arbitrary and quash the same. (ii) consequently direct the respondents to continue the petitioner in Krishna District. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: (per the Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed seeking a certiorari to call for the records relating to O.A.No.455 of 2008, dated 25.06.2008, on the file of the A.P. Administrative Tribunal, Hyderabad (for short “the Tribunal”) and declare G.O.Ms.No.162, dated 14.05.2008 issued by the first respondent and consequential proceedings, dated 07.06.2008, issued by the second respondent, insofar as the petitioner is concerned, as illegal and arbitrary and for a consequential direction to the respondents to continue the petitioner in Krishna District. The petitioner was appointed as Auxiliary Nursing Midwifery through proceedings, dated 23.02.1985 under 30% quota of open category and posted at Pamarru-II and presently working at Sub- Centre, Yakumuru PHC, Thotlavalluru Mandal, Krishna District. While so, the first respondent issued the impugned G.O.Ms.No.162, dated 14.05.2008 repatriating her from Krishna District to Guntur District. Basing on the said G.O., the second respondent issued consequential proceedings, dated 07.06.2008 directing the petitioner to report before the DM & HO, Guntur. The petitioner states that she completed 23 years of service and as she was selected under 30% quota of open category, under the guise of six-point formula, she cannot be repatriated. The grievance of the petitioner is that she was not put on notice and was not given any opportunity, before passing the impugned proceedings. Therefore, she filed O.A.No.455 of 2008 before APAT and as no interim orders passed, filed this Writ Petition. Heard the learned counsel for the petitioner and learned Government Pleader for Medical, Health and Family Welfare. Learned counsel for the petitioner contended that the Tribunal, in O.A.Nos.7911, 7916 and 8040 of 2007, granted interim suspension of the impugned proceedings, in other similar cases. It appears, the Tribunal has only ordered notice in the O.A., filed by the petitioner, and not granted any interim relief. In fact, the Tribunal, while dealing with cases filed by similarly situated employees, granted interim suspension in O.A.Nos.7916, 8040 and 7911 of 2007, by its orders, dated 24.12.2007, 27.12.2007 and 31.12.2007, respectively. However, since O.A. is pending, we are not inclined to entertain the writ petition. It is for the Tribunal to consider the case of the petitioner, on par with other similarly situated employees, who have filed the said O.As. The Writ Petition is accordingly disposed of, directing the Tribunal to consider the case of the petitioner, on par with other similarly situated employees, and pass appropriate interim orders, pending O.A., in accordance with law, within a period of one week from the date of receipt of a copy of this order. No costs. ______________________ GHULAM MOHAMMED,J. Dated:03.07.2008 ______________ C.V.RAMULU,J. Note:Furnish C.C. in two days. (B/o) GJ