THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION Nos.22744, 22762, 22799, 22812 and 22831 of 2011 Dated:13.09.2011 Between: The Government of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat Buildings, Hyderabad and others .. Petitioners And Dr.A.Venkateswara Rao and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION Nos.22744, 22762, 22799, 22812 and 22831 of 2011 COMMON ORDER: (per 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 Doctors 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.22744 of 2011 which is filed by the Government and two others against an order dated 24.06.2011 in O.A.No.5354 of 2011 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad. The first respondent (hereafter, the applicant) is a Medical Officer at Primary Health Centre (PHC) Pidathamamidi, East Godavari District. It is within the territory of Integrated Tribal Development Agency (ITDA), Rampachodavaram. The applicant was transferred by order dated 15.06.2011 of the Director of Public Health and Family Welfare. Be it also noted that the transfer was preceded by counselling as per the guidelines in G.O.Ms.No.93 dated 14.05.2011. The transferee was, however, not relieved though, as per the proceedings of the director, the applicant was given seven days joining time. He, therefore, filed O.A.No.5354 of 2011 seeking a direction to the petitioners herein to relieve him from PHC, Pidathamamidi to enable him to join at the new place. The O.A. came before the Tribunal on 24.06.2011. The Tribunal disposed of the O.A. in the following manner. “The applicant is working as Medical Officer, Primary Health Centre, Pidathamamidi, East Godavari District. In pursuance of G.O.Ms.No.93, dated 14.05.2011, he was called for transfer counselling and he was transferred to P.H.C. Mallam, East Godavari District. 2. As he is not being relieved in spite of the orders of transfer, dated 15.06.2011, the applicant has filed the present O.A. 3. In the facts and circumstances of the case, the respondents are directed to relieve the applicant immediately to enable him to join in the place where he is transferred through orders dated 15.06.2011. 4. The O.A. is disposed of accordingly with the above directions at the admission stage. No costs.” In all the other matters, the applicants (first respondent of the writ petitions), who were working at Primary Health Centres in ITDA, Rampachodavaram, were transferred after transfer counselling, but they were not relieved. They, therefore, filed separate O.As., which were disposed of at the admission stage directing the petitioners herein to relieve them. In these writ petitions filed against the above quoted similar orders, 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 to meet the case of the applicants. The counsel for the applicants submits that the Director of Medical and Health relieved some of the Doctors immediately who were transferred, but some of the Doctors 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 with a direction to dispose of the same after giving a reasonable opportunity of being heard. We also give liberty to the applicants to place any new relevant material before the Tribunal. The Tribunal shall dispose of the O.As. 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) 13.09.2011 KH