IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 12209 of 2008 Between: 1 Union of India, rep. by its The Secretary (Establishment) Ministry of Railways, Railway Board, New Delhi. 2 The Director General (Railway Health Services) Ministry of Railways, Railway Board, New Delhi. 3 The General Manager, South Central Railway, Secunderabad. 4 The Chief Medical Director, South Central Railway, Secunderabad. 5 The Chief Personnel Officer, South Central Railway, Secunderabad. 6 The Divisional Railway Manager, South Central Railway, Vijayawada. ..... PETITIONER(S) AND 1 Dr.K.Jaya Kumar S/o.K.Penchalaiah Railway Hospital, Vijayawada South Central Railway 2 Dr.N.Shakunthala W/o.Dr.K.Jaya KUmar Railway Hospital, Vijayawada South Central Railway 3 Dr. (Mrs) Sulochana A.Rajani Vijayawada Division Opp: Rly. Station, Vijayawada, South Central Railway 4 Dr.P.O. Vandana Central Hospital, South Central Railway, Lallaguda, Secunderabad. .....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 issue a Writ of Certiorari, or any other appropriate Writ, order or direction calling for the records pertaining to O.A.No.322/2008 dated 3.6.2008 and consequential order passed in M.A.No.175 of 2008 in OA No.322 of 2008 dt. 9.6.2008 on the file of Central Adm. Tribunal, Hyderabad and quash the same, as illegal arbitrary and un-constitutional and further declare that these orders have been passed without any jurisdiction vested in the Honourable CAT Hyderabad Bench Hyderabad, and pass such other order or further order. Counsel for the Petitioners: SMT.PUSHPINDER KAUR The Court at the stage of admission made the following : ORDER: (per Sri Ghulam Mohammed, J) The Union of India filed this writ petition seeking a writ of certiorari to quash order dated 09-06-2008 passed in M.A No. 175 of 2008 in O.A No. 322 of 2008 by the Central Administrative Tribunal, Hyderabad and to declare that the same is passed without any jurisdiction. Respondent Nos.1 and 2 herein filed the said O.A before the Tribunal to declare the action of the writ petitioners herein in transferring them as arbitrary and illegal. They also sought for an interim order pending finalisation of the O.A. Since respondent No.1 is likely to retire within a period of one year, the Tribunal thought it fit to grant interim suspension. The petitioners herein filed the said M.A to vacate the interim order and the Tribunal posted the matter to 18-06- 2008 and ordered that the interim order shall continue till the next date of hearing. Aggrieved by the same, the present writ petition is filed. Respondent Nos. 1 and 2 herein earlier approached the Tribunal by way of filing O.S No. 305 of 2008 which was disposed of on 21-05-2008 directing the respondents therein to consider the representations filed by them and pass appropriate speaking order and communicate the same within a period of three weeks from the date of receipt of a copy of the order. Learned Standing Counsel for the petitioners contended that the Tribunal ought not to have passed interim order when it has earlier directed the officials to dispose of the representation of respondent Nos.1 and 2 by passing a speaking order. Learned counsel had drawn our attention to the judgment of the Supreme Court in S.C. Saxena v. Union of India[1], wherein it was held as follows: “A government servant cannot disobey a transfer order by not reporting at the place of posting and then go to a court to ventilate his grievances. It is his duty to first report for work where he is transferred and make a representation as to what may be his personal problems. Such tendency of not reporting at the place of posting and indulging in litigation needs to be curbed. Assuming there was some sickness, that did not prevent him from joining at T. Medical evidence proves that point. Therefore, there is no reason to interfere with the order made by the Tribunal and the High Court”. We have perused the judgment, but since the matter is pending and posted to 18-06-2008 and as there is no final adjudication as such made by the Tribunal, we are not inclined to entertain the writ petition. The Tribunal has thought it fit to grant interim direction mainly on the ground that respondent No.1 is having one year service only and is going to retire. In the circumstances, the writ petition fails and it is accordingly dismissed. No order as to costs. GHULAM MOHAMMED, J C.V. RAMULU, J 13-06-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary (Establishment) Ministry of Railways, Railway Board, New Delhi. 2 The Director General (Railway Health Services) Ministry of Railways, Railway Board, New Delhi. 3 The General Manager, South Central Railway, Secunderabad. 4 The Chief Medical Director, South Central Railway, Secunderabad. 5 The Chief Personnel Officer, South Central Railway, Secunderabad. 6 The Divisional Railway Manager, South Central Railway, Vijayawada. 7 2 CD copies. [1] (2006) 9 SCC 583