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2024 DIGILAW 562 (AP)

V. C. Srinivas Reddy, S/o. v. P. Chandrasekhar Reddy VS State of Andhra Pradesh, Rep. By Its Principal Secretary to Government, Department of Medical, Health and Family Welfare

2024-05-09

GANNAMANENI RAMAKRISHNA PRASAD

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ORDER : Gannamaneni Ramakrishna Prasad, J. W.P.Nos.11237, 11240 & 11434 of 2024: Heard Sri V. Venugopala Rao, Learned Senior Counsel assisted by Sri Siva Sankara Rao Borra, Learned Counsel for the Writ Petitioners in W.P.Nos.11237, 11240 and 11434 of 2024 and Sri V. Ramesh, Learned Government Pleader for Services-IV. 2. Sri V. Ramesh, Learned Government Pleader for Services-IV has submitted Written Instruction dated 09.05.2024 issued by the Director of Medical Education. Learned Government Pleader has submitted that these transfers are only temporary and that the transferred Medical Officers will be reverted back to the original place of posting as soon as administrative necessity is satisfied. It is also stated that the vacancies that would arise at the original place on account of the temporary transfers (impugned herein) would be kept vacant to enable the transferred Medical Officers to rejoin. Para Nos.5, 7 and 13 of the Written Instruction, which are relevant, are usefully extracted hereunder : “5. Notification was also issued for filling up of Professors and Associate Professors on contract basis in the month of March 2024. 7. National Medical Commission started inspections for the existing Medical Colleges in the month of April 2024 and expected to be inspect the new medical colleges in the second half of May. 13. Further the transfer orders issued with the clear instructions that transfers of faculty to New Medical Colleges are subject to that their vacancy in the old medical college will not be filled till they reverted back as and when faculty is posted in their place in new medical college.” 3. On seeing this Written Instruction, this Court had granted sometime to the Counsel for the Writ Petitioners to inform the parties, who are in communication with him, about this Written Instruction. 4. When this matter was called out again, Sri V. Venugopala Rao, Learned Senior Counsel assisted by Sri B. Siva Sankara Rao, Learned Counsel for the Writ Petitioners had submitted, by placing reliance on Para Nos.5, 7 and 13 of the Written Instruction, that the Writ Petitioners have no objection on the condition that the above admissions (in the Written Instruction) are fulfilled. 5. This Written Instruction dated 09.05.2024 is taken on record. Having considered these aspects, this Court deems it appropriate to dispose of these Writ Petitions in terms of the Written Instructions extracted above. W.P.No.11425 of 2024: 6. 5. This Written Instruction dated 09.05.2024 is taken on record. Having considered these aspects, this Court deems it appropriate to dispose of these Writ Petitions in terms of the Written Instructions extracted above. W.P.No.11425 of 2024: 6. Heard Sri S. Harinath Reddy, Learned Counsel for the Writ Petitioner. 7. Insofar as the Writ Petitioner in W.P.No.11425 of 2024 is concerned, his name is found at Sl.No.24 of the Proceeding vide G.O.Rt.No.320, Health, Medical and Family Welfare (A1) Department, dated 03.05.2024. The case of this Writ Petitioner is that he has been transferred to the present place of posting under spouse quota. After getting the promotion, he had joined in Nellore on 20.03.2024. He would submit that in so many years of their service, for the first time, he and his wife, who is also working as Assistant Professor were posted in the same town. 8. In this view of the matter, the Transfer Order passed against this Writ Petitioner is hereby cancelled. It is clarified that the cancellation of transfer is only limited to Dr. C. Madhusudhana Rao, Assistant Professor, Orthopaedics, whose name is found at Sl.No.24 of the Proceeding dated 03.05.2024 in G.O.Rt.No.320. The Authorities are directed to make alternative arrangement so as to satisfy the administrative necessity. 9. With these observations and directions, all these Writ Petitions (W.P.Nos.11237, 11240, 11425 and 11434 of 2024) stand disposed of. No order as to costs. 10. Interlocutory Applications, if any, stand disposed of in terms of this Order.