THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14981 OF 2011 ORDER : 1. Challenging the order in Ref. No.CRP/PER/C/026/1337, dated 28.05.2011 passed by the first respondent, the present Writ Petition is filed. 2. The brief facts that are necessary for disposal of the Writ Petition may be stated as follows: The petitioner is a medical graduate having passed M.B.B.S. with specialization in Anesthesia. He has been rendering his services as a Doctor in the second respondent organization, having an unblemished record of service. He was appointed in E3 cadre and had been elevated from time to time to the E6 cadre, which post is termed as Deputy Chief Medical Officer (Specialist). Presently, the petitioner is working as Deputy Chief Medical Officer (Specialist) in Area Hospital, Manugur. The cadres in the second respondent institution are very clearly defined and demarcated and at no point of time, the Specialists were treated on par with medical graduates who start their designation from E3. They have to serve only as Assistants to the Doctors. The Doctors who joined in E2 cadre are bound to work under the Specialists. Most of the medical graduates who joined in the second respondent organization are only posted in dispensaries or hospitals. The first respondent issued the impugned proceedings on 28.05.2011 and various postings which were given to the persons with only M.B.B.S. degree is not in accordance with the rules governing the service conditions. The incumbent, who is posted in the place of petitioner, is in the cadre of Medical Superintendent, E5 cadre, without any specialty, and junior to the petitioner. The impugned proceedings are illegal, arbitrary and mala fide exercise and in abuse of power. Hence, the Writ Petition. 3. Heard Sri M.Vidyasagar, the learned counsel for the petitioner and Sri Nandigama Krishna Rao, learned counsel for the respondents 1 to 3. 4. The learned counsel for the petitioner vehemently contended that as there is no post of Deputy Chief Medical Officer (Specialist) available at Area Hospital, Ramakrishnapuram, the impugned order is bad in law; that in his place, some other person, who is not having specialist designation/qualification is posted, and the said person is having only a medical graduation i.e. M.B.B.S., and therefore, he prays to set aside the impugned order. 5. On the other hand, the learned standing counsel for the respondents 1 to 3 contends that no mala fides are attributed against the transferring authority, and that the transfer is not shown to be against the rules, and hence, he prays to dismiss the Writ Petition. 6. There cannot be any dispute that transfer of an employee is one of the incidents of service. There cannot be any dispute that the power to transfer has to be exercised according to rules, bona fidely and for administrative exigencies. Even the allegations in the affidavit filed in support of the petitioner are true, still no case to quash the impugned order is made out. The employee is liable to be transferred to any place. Unless the transfer order is vitiated by mala fides or contrary to the rules or the person who passed the order of transfer has no jurisdiction, ordinarily, courts would not interfere with the same. If the case of the petitioner falls under any one of the above grounds, then only interference by the court is warranted. It is not a case where mala fides or bad faith is attributed to the transferring authority in effecting the transfer. It is also not a case where the action of the respondent is arbitrary. Except stating that the transfer is contrary to the Rules, no specific provision is mentioned in the affidavit filed in support of the Writ Petition as to the relevant rule under which the transfer of the petitioner has been effected. The grievance of the petitioner appears to be that an ineligible medical graduate has been posted in his place though he is not having any relevant degree in specialization. That cannot be a ground to cancel the transfer order. By virtue of this transfer, service conditions of the petitioner will not in any manner be affected. Further more, the contention of the petitioner that there is no post of Deputy Chief Medical Officer is available at Ramakrishnapuram cannot be accepted in the absence of any pleading to that effect. Therefore, there are no grounds to interfere with the impugned order. 7. The Writ Petition is, accordingly, dismissed at the stage of admission. No costs. --------------------- (K.C.Bhanu, J.) 06.06.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14981 OF 2011 06.06.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14981 OF 2011 06.06.2011 Between: …Petitioner And …Respondents