HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 32075 of 2011 DATED: 15.12.2011 Between: S. Muneeswari Devi .. Petitioner And The District Medical & Health Officer, R.R. Dist. and three others .. Respondents O R D E R:- (Per Hon’ble Sri Justice Goda Raghuram) The unsuccessful applicant in O.A. No. 6845 of 2011 has filed this writ petition aggrieved by an order dated 09.11.2011 whereby the O.A. is dismissed. The application was filed before the Tribunal challenging the order dated 27.07.2011 passed by the 1st respondent - District Medical and Health Officer, Ranga Reddy District surrendering the petitioner’s services to the 2nd respondent – the Regional Director of Medical and Health Services; and the consequent transfer order dated 08.08.2011 issued by the 2nd respondent. It requires to be noticed that the petitioner – applicant as well as respondent Nos.1 to 4 are authorities employed in the Health Medical and Family Welfare Department. It so happens that respondent Nos.1 to 4 are employees higher in the hierarchy and exercising power of disciplinary or transfer control over the petitioner. None of the respondents herein who are respondents in the O.A. are perse, either the State or an instrumentality of the State. They are mere State actors. The law is too well established by constitutional text and reiteration in the Code of Civil Procedure, 1908 as well as by unvarying line of binding authority vide judgments of the Supreme Court of India, that the Union of India or the State wherever relief is claimed against them they must be impleaded as Union of India or the State concerned as the case may be. Since only the District Medical & Health Officer, Ranga Reddy District; The Regional Director of Medical and Health Services; The Director of Medical & Health Services; and the Medical Officer, Ranga Reddy District are the respondents impleaded in the O.A., the Tribunal ought to have rejected the O.A. on the ground that the State of A.P. has not been impleaded as a party. That nevertheless was not done as neither the petitioner nor the learned Government Pleader appearing before the Tribunal had noticed this fatal infirmity in the formulation of O.A. and brought it to the notice of the Tribunal. In any event, the order passed in the O.A. is an order that would not in any way operate against the State of Andhra Pradesh. The order is therefore inexecutable. The learned counsel for the petitioner-applicant would strenuously contend that the order of the Tribunal is erroneous on merits. We are not inclined to examine the correctness of the order of the Tribunal since the proper and necessary party - the State has not been impleaded and for the said reason, the order is inexecutable. Accordingly, the order dated 09.11.2011 in O.A. No. 6845 of 2011 is set aside. The O.A. shall be taken up for adjudication afresh by the Tribunal if the petitioner-applicant makes an appropriate application to implead the proper and necessary party. The writ petition is disposed of at the stage of admission as above. No costs. __________________ GODA RAGHURAM, J 15.12.2011 __________________________ G. KRISHNA MOHAN REDDY, J bcj