IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8810 of 2008 Between: K.Victor Deva Krupavaram S/o.Late Sri.K.Gabrial O/o. Joint Director of Insurance & Medical Services, Warangal, Warangal District. ..... PETITIONER AND 1 The Director of Insurance & Medical Services, Government of A.P., Hyderabad. 2 State of A.P. rep. by its Principal Secretary, HM & FW (Q) Department, Secretariat, Hyderabad. .....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 order or direction in the nature of Mandamus or otherwise declaring the Proceedings Rc.No.1531/E1A/2001 dated 11.4.2002, issued by the 1st respondent, as arbitrary, illegal and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India, apart from violating the principles of Natural Justice and ultra virus to 2nd Proviso to Rule 16(B) of the A.P. State & Subordinate Service Rules, and also declaring the order of the Hon'ble Tribunal dated 10.4.2008 in O.A.No.3990 of 2002 as arbitrary, illegal and erroneous and set aside the same, and pass such other order or orders as it deems fit and proper. Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :8810 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:3990 of 2002, dated 10.4.2008. The petitioner is the applicant and he has filed the present O.A. seeking to declare the proceedings in Rc.No:1531/E1A/2001, dated 11.4.2002 issued by the 1st respondent as arbitrary and illegal. The tribunal having observed that the appointment order issued to the applicant while appointing him by transfer to the post of Lay Secretary and Treasurer Grade II clearly goes to show that the applicant is being appointed in view of there being no suitable candidate in Multi Zone and that he could be reverted as and when a suitable candidate is available and that since a suitable candidate has emerged from Multi Zone I, the applicant has to be reverted and posted back to his original post of Superintendent at the Head Office and therefore, the applicant cannot claim any right for continuing as Lay Secretary and Treasurer Grade II in Multi Zone I, which is a Unit under the Presidential Order, being an employee of the Directorate, dismissed the O.A. Having aggrieved by the same, the applicant has filed the present writ petition. Heard the learned counsel and perused the entire material available on record as well as the order impugned. Relying on the unreported judgment of the Apex Court in Civil Appeal Nos.9643 and 9644 of 1995 holding that the employees working in the posts which are not localized cannot be appointed by transfer to the posts which were organized into local cadres and that such appointments are against the provisions of the Presidential order, the Government has issued the memo dated 19.2.2005 informing that the issue of appointment by transfers of Superintendents working in the Directorate of Insurance Medical Services will be considered after finalizing the issue regarding the amendment to the Presidential order by the General Administration Department. The fact that remains undisputed is that the applicant has been working in the Head Office prior to his promotion. But, in the instant case, it is the case of the applicant that the office Superintendents working in the Head Office can be allotted to Multi Zone I or Multi Zone II. It is relevant to extract the observations made by the Apex Court in the above Civil Appeals, which read as under: “The employees of the Directorate, which does not form part of any Unit of appointment under the Presidential Order, cannot be considered for posts in a Unit under the Presidential order.” If that being the case, the case of the applicant who hails from the Directorate cannot be considered at this juncture unless the presidential order is amended as rightly observed by the tribunal. Apart from that, even the appointment order itself makes it clear that the applicant is being appointed due to lack of suitable candidates in Multi Zone I and he would be reverted as and when a suitable candidate is available. In this background of the matter, the applicant cannot claim, as a matter of right, the reliefs that are differed from the Presidential order. In the above facts and circumstances of the case and in view of the principles laid down by the Apex Court in the above Civil appeals, We feel that the order of the tribunal, which does not suffer from legal infirmity or irregularity, needs no interference by this Court. Hence, this writ petition is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ___________________ Justice T.Meena Kumari __________________ Justice S.Ashok Kumar Dated:21.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :8810 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 21/04/2008 ,