IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25570 of 2008 Between: Dr. Ch. Jyothirmayee, W/o. Dr. M. Manohar, Government Homoeopathy Pharmacy, Ramanthapur, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Health, Medical and Family Welfare Department, Rep. by its Principal Secretary, Secretariat, Hyderabad. 2 The Commissioner, Department of AYUSH, Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 to issue a Writ, order or direction more in the nature of Mandamus declaring the impugned Proc.No. 15617/HE.II/2007-13, dated 18-9-2008 issued by the Commissioner, Department of AYUSH, A.P., Hyderabad and G.O.Ms.NO. 355, HM & FW., dated 2-11-2007 and not granting the interim orders by the Administrative Tribunal in O.A.No. 8509 of 2008 on 31-10-2008 as unjust and consequently hold that the petitioner is entitled to continue as Medical Officer, Government Homeo Pharmacy, Ramanthapur, Hyderabad with all consequential benefits and pass Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed in the nature of Writ of Mandamus declaring the proceedings No. 15617/HE.II/2007-13., dated 18.9.2008 issued by the Commissioner, Department of AYUSH, A.P., Hyderabad, G.O.Ms.No. 355, HM&FW., dated 2.11.2007 and the Administrative Tribunal in not granting the interim order in O.A.No. 8509 of 2008 on 31.10.2008 as unjust and consequently continue the petitioner as Medical Officer, Government Homeo Pharmacy, Ramanthapur, Hyderabad with all consequential benefits. O.A.No. 8509 of 2008 was filed questioning the proceedings dated 18.9.2008 passed by the Commissioner Department of ‘Ayush’, Government of Andhra Pradesh, Hyderabad and consequently G.O.Ms.No. 355, HM&SW(12) dated 2.11.2007 issued by the first respondent, by virtue of which the Government decided to effect inter local cadre (Zonal) transfers in respect of the Medical Officers working in ‘Ayush’ Department under paragraph 5(2)( c ) of the Presidential Order. The Tribunal issued notice before admission to the respondents therein returnable in four weeks, so as to enable them to file a counter affidavit. The learned counsel appearing for the petitioner was referring G.O.Ms.No. 489, Health, Medical and Family Welfare (1.2) Department dated 16.8.1991 contends that Medical Officers/Lecturers in Indian Medicine and Homoeopathy are state wide posts for the purpose of recruitment, posting and transfers. He would further contend that the husband of the petitioner is working as Civil Assistant Surgeon in Grater Hyderabad Municipal Corporation and therefore, the petitioner ought not have been repatriates on the ground of spouse care. In the given facts and circumstances of the case, the Administrative Tribunal has rightly issued notice before admission to the respondents returnable in four weeks and we are not inclined to interfere with the order passed by the Tribunal. However, since the matter is pending before the Administrative Tribunal for adjudication, we deem it appropriate to direct the A.P. Administrative Tribunal to dispose of the O.A within a period o 8 weeks from the date of receipt of a copy of this order and till such time, status quo existing as on today with regard to the petitioner shall be maintained. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 24.11.2008 KA Note: 1. Communicate a copy of this Order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh, Health, Medical and Family Welfare Department, Rep. by its Principal Secretary, Secretariat, Hyderabad. 2 The Commissioner, Department of AYUSH, Andhra Pradesh, Hyderabad. 3. 2 CCs to G.P. for Medical, Health and Family Welfare, High Court of A.P. Hyderabad, OUT. 4. 2CD copies