IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH 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 : 26019 of 2008 Between: G. Ramachandra Reddy S/o. Late Malla Reddy O/o. Commissionerate Department of Ayush, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, rep. by its Secretary, General Administration Department, Secretariat, Hyderabad. 3 The Commissioner, Department of Ayush, Hyderabad. 4 Dr. K. Ramachandra Reddy S/o. Not Known Transferred to Government Ayurvedic Dispensary, Shawnagar, Karimnagar District. .....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 or order more in the nature of Writ of Certiorari calling for the records relating to the O.A.No.6897/2007 dated 17-9-2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same by restoring the orders passed in O.A.No.6897/2007 dated 14-11-2007 and continue the petitioner as Drug Inspector in the office of the Commissioner (Ayush) Andhra Pradesh, Hyderabad and consequently declare the orders passed in the O.A.No.6897/2007 dated 17-09- 2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad as illegal, contrary to the procedure and law and also in violation of presidential orders and pass Counsel for the Petitioner:MR.B.RANGANADH 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 is filed in the nature of a Writ of Certiorari to call for the records relating to O.A.No. 6897 of 2007 dated 17.9.2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same by restoring the order passed in O.A.No. 6897 of 2007 dated 14.11.2007 and continue the petitioner as Drug Inspector in the Office of the Commissioner (Ayush) Andhra Pradesh, Hyderabad and consequently declare the orders passed in O.A.No. 6897 of 2007 dated 17.9.2008 as illegal. Brief facts of the case are that the third respondent issued proceedings No. 5646/AGE.3/2007-25 dated 26.5.2007 transferring the petitioner from the Government Ayurvedic Hospital, Charminar Hyderabad to the office of Commissioner Department of Ayush A.P. Hyderabad, as Drug Inspector in place of Dr. K. Ramachandra Reddy, Drug Inspector, as he is transferred and posted as Medical Officer, Government Ayurvedic Dispensary, Sahwnagar, Karimnagar District on administrative grounds. It is stated that as per the orders of the 3rd respondent dated 20.5.2007, the petitioner joined duty and continuing as Drug Inspector in the office of 3rd respondent. While so, Dr. K. Ramachandra Reddy, 4th respondent herein filed O.A.No. 2966 of 2007 before the Andhra Pradesh Administrative Tribunal, Hyderabad, challenging the transfer orders issued by the third respondent dated 26.5.2007. The Tribunal at the stage of admission, on 30.5.2007 passed the following orders: “In view of the above, it would be appropriate to direct the applicant to prefer an appeal to the appellate authority along with the stay petition with in two weeks from today and the appellate authority shall examine the same and pass appropriate orders within four weeks there after. However, in the interest of justice it would be just and proper to stay the impugned order for a period of two weeks from today. The O.A is accordingly disposed of no costs.” It is further stated that the appeal filed by the 4th respondent was rejected by an order-dated 28.7.2007 by the Ex-officio Secretary to Government, and aggrieved by the same, filed O.A.No. 4425 of 2007 challenging the memo on the ground that the Commissioner and Ex-Officio Secretary is one and the same person and he cannot reject the appeal as he has issued transfer orders. The Tribunal by its order dated 18.1.2008 set aside the memo-dated 28.7.2007. It is further submitted that the Government of Andhra Pradesh issued G.O.Ms.No. 610 GAD dated 30.12.1985 implementing the six point formula in zones V and VI and in view of the same, the Department of Health Medical and Family Welfare (1-2) Department issued G.O.Ms.No. 355(HM & FW) department dated 2.11.2007 for implementation of G.O.Ms.No. 610 and inter local cadres transfers. It is submitted that the third respondent has identified the petitioner along with other Medical Officers in Ayush Department, Homoeo and Unani for repatriation to their native zones and accordingly, the third respondent issued proceedings dated 7.11.2007 fixing the date as 14.11.2007 to conduct counseling for inter local cadre transfers of Medical Officers (Ayur) and issue of necessary posting orders . Aggrieved by the same, the petitioner herein filed O.A. No. 6897 of 2007 before the Tribunal challenging the G.O.Ms.No. 610 dated 30.12.1985 and consequent orders in G.O.Ms.No. 355 HM&FW (F-2) department dated 2.11.2007 and consequential memo dated 7.11.2007 issued by the third respondent. The Tribunal clubbing both the O.As viz., the O.A.No. 7173 of 2008 filed by the 4th respondent and the O.A.NO. 6897 of 2007 filed by the petitioner herein, passed orders dated 17.9.2007 modifying the orders passed in O.A.No. 6897 of 2007, as under: “This Division Bench of this Tribunal passed the following interim order in O.A.No. 6897/2007 on 14.11.2007. Interim Relief: Status quo as far as the applicant shall continue. But the counseling process may go on” It is stated by the applicant in O.A.No. 6897/2007 that he was working in the office of the commissioner of Ayush, Department of Ayush, Hyderabad and that under the impugned order in G.O.Ms.No. 355 HM&FW (1-2) Department, dated 2.11.2007 he is repatriated to another zone and it is again the Presidential Order on the ground that the post held by the applicant is a statewide post. So, even if the respondents feel that the applicant belongs to zone VI, the interim order is only with regard to repatriation of the applicant from Zone VI to another zone and the interim order does not mean that the respondents are prevented from transferring the applicant within Zone –VI. Accordingly, the above said clarification is issued relating to this case”. Being aggrieved by the same, the present Writ Petition has been preferred. The learned counsel appearing for the petitioner contended that the post of Medical Officer is a State Wide Post and the Tribunal ought not have passed the order clarifying that the respondents are prevented from transferring the applicant within zone-VI. On the other hand, Mr. J.R. Manohar, learned counsel appearing for the R4 contended that when the petitioner is holding the state wide post, he can be transferred any where in the State and by virtue of the orders passed by the Tribunal the petitioner is to be transferred only within the area of Zone-VI. He further submitted that if the petitioner wants to be transferred any where in the State, he can approach the authorities for his transfer or he can seek such a direction from the Tribunal itself. Therefore, the petitioner has no right to continue in the post of Drug Inspector as he was holding the said post without any authority and hence, the Writ Petition is liable to be dismissed. We have heard the learned counsel appearing for parties. During the course of arguments, the learned counsel appearing for the respondents brought to our notice the memo No. 15272/I.2/2007-2 dated 17.5.2008 issued by the Principal Secretary to Government, Government of Andhra Pradesh, Health, Medical and Family Welfare (1.2) Department, marking a copy of the same to the Commissioner, Ayush, Hyderabad, the relevant portion of which reads as under: “He is further requested to bring all these facts to the notice of the APAT and pray for review of its ‘status quo’ orders dated 4.11.2007 in O.A.No. 6897/2007 by filing a VMA in the said O.A in consultation with the G.P for APAT.” It is also brought to the notice of this Court the Memo No. 16272/12/2007 dated 28.4.2008 issued by the Principal Secretary to Government, the relevant portion of the memo reads as under: “Keeping in view of the APAT’s orders in 7th cited and after careful examination of the contents put forth in the appeal petition 3rd cited (viz., From Dr.K. Ramachandar Reddy, appeal petition dated 6.6.2007 addressed to M(VVP&HS), the Government, hereby decide and accordingly order to allow the said appeal petition dated 6.6.2007 and to set aside the transfer order 1st cited(viz., From the Commr. Dept. of Ayush, proceedings No. 5646/AGE.3/07-25, dated 26.5.2007) The Commissioner is accordingly requested to issue appropriate posting orders to the Dr. G. Ramachandra Reddy (i.e., 3rd respondent of the O.A) else where duly retaining the applicant in his original place of posting (i.e., Hyderabad).” In view of the above facts and circumstances of the case, and also in view of the memo No. 15272/1.2/2007-2 dated 17.5.2008 issued by the Principal Secretary to Government, Government of Andhra Pradesh, Health, Medical and Family Welfare (1.2) Department and the consequential memo No. 16272/12/2007 dated 28.4.2008 issued by the Principal Secretary to Government, we do not find any infirmity or illegality in the order passed by the Tribunal and further there is no error of jurisdiction warranting interference under Article 226 o the Constitution of India. Accordingly, the Writ Petition is dismissed at the stage of admission. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 24.11.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, rep. by its Secretary, General Administration Department, Secretariat, Hyderabad. 3 The Commissioner, Department of Ayush, Hyderabad. 4. 2CC to G.P. for Medical, Health and Family Welfare, High Court of A.P., Hyderabad OUT 5. 2 CD copies