IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19721 of 2009 Between: Dr.M.Mohan Rao ..... PETITIONER AND The Govt.of A.P.rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, A.P.Hyderabad and 2 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19721 of 2009 ORDER: (per Hon’ble Sri Justice Vilas V.Afzulpurkar) The petitioner is aggrieved by dismissal of his O.A.8555/2009 by the A.P.Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) by order dated 09.09.2009. The facts in brief are as follows: The petitioner is working as Assistant Professor STD (Sexually Transmitted Diseases) Department in Osmania Medical College, Hyderabad. Admittedly, he is working in the said post for the last seven years. By proceedings of the 2nd respondent-Director of Medical Education, dated 16.07.2009, the petitioner was transferred as Civil Assistant Surgeon, A.P.Chest Hospital, Hyderabad in the place of the 3rd respondent herein and the 3rd respondent herein was posted in the place of the petitioner herein. The petitioner challenges the said order of transfer in the O.A. on the ground that as per G.O.Ms.No.169 Finance (W&M) Department, dated 17.06.2009, he cannot be transferred within 10 years of his service in a particular college. He has also submitted that he is working in a teaching post and on account the present transfer to a non-teaching post he may loose UGC scale which he is drawing. The 2nd respondent filed a counter stating that vide Memo No.10203/A1/09-3 dated 13.07.2009 the Government have modified the guidelines relating to transfers, and as per the said guidelines, the request transfers can be considered against clear vacancy and in the absence by shifting the person who has put in longest service and more than five years service in the college area in the department. The persons affected on the account of request transfers will have the choice of any other existing vacancy or vice versa against the requesting candidates. In view of this modification, the persons who have completed five years of service in the department can be shifted for considering the request of others for placement. It was further contended that the 3rd respondent herein already holds the requisite qualification to work in a teaching post but since he is working in a non-teaching post he was not getting UGC scales, for that reason, on his request, he has been transferred to the place held by the petitioner, which is a teaching assignment so as to ensure the 3rd respondent also gets UGC scales. So far as the petitioner is concerned, it is contended that he has already completed five years requisite teaching experience for securing further promotion as Associate Professor. It is also categorically mentioned in the counter that the petitioner would not be deprived of his UGC scales which he is enjoying and no prejudice would be caused to the petitioner in view of the fact that his transfer is within the city. The Tribunal considered the rival contentions and on basis of the specific averment made in the counter of the 2nd respondent that petitioner’s pay scale is not being affected and that his transfer also would not affect his promotion as Associate Professor and the transfer is being within the twin cities, dismissed the O.A. Against the said order, the present writ petition is filed. We have heard both the counsel on either side. Apart from reiterating the submissions, as made before the Tribunal below, the learned counsel for the petitioner has taken a fresh contention that for the purpose of promotion from the present post of Assistant Professor to the Professor, the petitioner is required to have nine years teaching experience and since the petitioner completed only seven years service in the present teaching assignment, the transfer may affect his right and chances of promotion as a Professor. We are of the opinion that firstly, no such ground was raised in the O.A. and as such we cannot permit the said ground to be urged in the present writ petition which has no foundation in the pleadings before the Tribunal below. Secondly, the petitioner’s present posting as Assistant Professor with seven years experience, entitle him to the promotion of Associate Professor for which he has already got requisite five years teaching experience. As a matter of fact, though the 3rd respondent got requisite qualification, he is not getting UGC scales as he was not holding the teaching post. The counter affidavit makes a specific averment that the transfer of the petitioner from teaching assignment to non-teaching assignment would not affect the UGC scales which he is drawing. Admittedly, the petitioner is transferred to the new post protecting his UGC scale, coupled with the fact that the transfer is within the city. We do not see any reason to interfere with the order of the Tribunal. The Writ Petition is therefore devoid of any merits and is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 16.09.2009 Dsr