THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION Nos.25916, 25918, 26025 AND 26963 OF 2011 COMMON ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) These writ petitions are filed against the orders of the Andhra Pradesh Administrative Tribunal, whereby and whereunder, the petitioners (hereafter, the respondents) were directed to relieve the Health Service employees working in Tribal areas even before substitutes joined in their places. As the background is common to all these cases, they are being disposed of by this common order. For better appreciation of the controversy, the following brief fact of the matter is taken from W.P.No.25916 of 2011 which is filed by the Government and four others against an order dated 27.06.2011 in O.A.No.5366 of 2011 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad. The first respondent (hereafter, the applicant) is working as Lab Technician Grade-II at Government Hospital, Addateegala, East Godavari District. It is within the territory of Integrated Tribal Development Agency (ITDA), Rampachodavaram. By order dated 14.05.2011, the applicant was transferred from Addateegala on his request and was posted at PHC Rajanagaram in East Godavari District. The transfer was preceded by transfer counselling in accordance with the guidelines issued in G.O.Ms.No.93, dated 14.05.2011. The applicant, however, was not relieved, although by transfer order he was asked to be relieved within seven days. The first respondent in each of the other writ petitions is working either as Multipurpose Health Extension Officer, Multipurpose Health Supervisor, Senior Assistant, Junior Assistant or Lab Technician. They were also transferred, but they were not relieved. All of them filed separate O.As. seeking a direction to relieve them from their respective places of working to enable them to join at the places of transfer. The learned Tribunal allowed the O.As. at the admission stage directing the respondents to relieve the applicants immediately. It is contended that the Officers were not relieved keeping in view the Government Policy in G.O.Ms.No.311, General Administration (Ser.A) Department, dated 18.07.2002, that no Officer or staff member working in Tribal and Backward areas be relieved on transfer unless a substitute joins in his/her place and the Tribunal was in error in allowing the O.As. at the admission stage even without notice to the Government and Director of Medical and Health. The counsel for the applicants submits that the Director of Medical and Health relieved some of the employees immediately who were transferred, but others were not relieved compelling them to approach the Tribunal. As there was no serious dispute about the transfer, the Tribunal disposed of the O.As. at the stage of admission directing the competent authority to relieve the transferred Doctors. They, however, do not deny that no notice was ordered to the Government or the Director of Medical and Health before finally disposing of the O.As. As noticed supra, the Government has come forward with reasons for not relieving the transferred Doctors. Reference is also made to the Government Policy as contended in G.O.Ms.Nos.311 and 767, dated 18.07.2002 and 21.08.2002 respectively. If only these two G.Os. had been brought to the notice of the learned Tribunal, the things would have been different. In that view of the matter, we are not able to sustain the orders of the Tribunal impugned in these writ petitions which were disposed of at the admission stage almost giving relief to the applicants. On this ground alone, we are inclined to interfere with the orders of the Tribunal. In the result, for the above reasons, all the writ petitions are allowed. The O.As shall stand remitted to the learned Tribunal, for fresh disposal within one month after receipt of a copy of this order, after giving a reasonable opportunity to the petitioners herein. We also give liberty to the applicants to place any new relevant material before the Tribunal. Needless to observe that O.As may be adjudicated without being influenced by any of the observations made hereinabove. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 28th September 2011 RRB