2011 (6) ALT 537
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE V.V.S. RAO & THE HONOURABLE MR. JUSTICE K.G. SHANKAR
Dr. K. Vijayal, Hyderabad
Versus
The Government of Andhra Pradesh, rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Hyderabad & Others
Writ Petition Nos. 22930, 23199 & 23234 of 2011
Decided on : 08-09-2011
A.P. State and Subordinate Service Rules – Rule 11 – Transfer of Petitioner – Writ petitions are filed against three different original applications, which were disposed of by the Andhra Pradesh Administrative Tribunal, by common order – Petitioner in all the matters and the respondents are the same – Dispute is about the transfer of the petitioner on promotion as Professor of Pharmacology to Kakatiya Medical College, Warangal, (KMC, Warangal) – Dispute is also about the posting of one Dr. Nageswari Devi as Professor of Pharmacology from Kurnool Medical College to Osmania Medical College, Hyderabad (OMC) – Held, As per Rule 11(b) of the Rules, if a person fails to join the post within the stipulated period of fifteen days, the promotion shall stand forfeited. A specific plea was raised in the counter affidavit before the learned Tribunal, which is reiterated by the Government Pleader before us – Indeed, G.O.Rt. whereunder the petitioner was promoted as Professor of Pharmacology and was posted at KMC, Warangal specifically adverts to this – Petitioner was advised to join in the promotion post within fifteen days from the date of receipt of said orders, failing which the orders of temporary promotion shall be deemed to have been cancelled after stipulated period is over – In this case, the petitioner was ventilating her grievance before the Tribunal – She filed O.A. within a week after the issue of G.O.Rt. matters were pending before the Tribunal till 01.07.2011 and these writ petitions are filed on 11.08.2011 – All along the petitioner has been trying to seek redressal before the Tribunal or this Court – Court give liberty to the petitioner to approach the Government seeking extension of time for joining as Professor at KMC, Warangal – If such application is made, the Government is directed to consider it expeditiously – Writ Petitions Dismissed.
These three writ petitions are filed against three different original applications, which were disposed of by the Andhra Pradesh Administrative Tribunal, by common order, dated 01.07.2011. The petitioner in all the matters and the respondents are the same. The dispute is about the transfer of the petitioner on promotion as Professor of Pharmacology to Kakatiya Medical College, Warangal, (KMC, Warangal). The dispute is also about the posting of one Dr. Nageswari Devi (hereafter referred to as ‘third respondent’) as Professor of Pharmacology from Kurnool Medical College to Osmania Medical College, Hyderabad (OMC).
2. The third respondent is a senior most Professor in Pharmacology. She was posted to Kurnool. Medical College on 25.07.2008. Her husband who was also a Professor retired from service on 31.07.2008. He was staying in Hyderabad. The third respondent made a representation in June, 2010 requesting the Government to transfer her to any one of the Medical Colleges in twin cities on the ground that she is required to take care of her children and sick mother, who was suffering from acute ill-health. The application was forwarded by the Director of Medical Education (DME) in December, 2010. The proposal was under active and favourable consideration before the Government.
3. In the meanwhile, the Government issued orders in G.O.Ms.No.320, dated 22.11.2010 for approving the names of nine Associate Professors for inclusion in the panel of Associate Professors for the panel year 2010-2011 for promotion to the post of Professor of Pharmacology. The petitioner Dr. K. Vijayal was also included at serial No.9 in the approved panel. Departmental Promotion Committee was constituted and they recommended the promotion of nine empanelled Associate Professors to the posts of Professors. Thereafter, vide circular dated 08.02.2011, DME issued guidelines pointing out the priorities to be followed as per G.O.Ms.No.273, dated 21.05.1999 for transfer counseling first in the order of seniority. The counseling was scheduled on 11.02.2011 for giving postings to the newly promoted Professors in any of the notified vacancies.
4. The petitioner opted for KMC, Warangal. The Government then issued G.O.Rt.No.548, dated 25.02.2011 promoting the petitioner as Professor of Pharmacology and posting her at KMC, Warangal. The Government Order also informs that the incumbent shall join in the promoted post within fifteen days from the date of receipt of the said order, failing which the order of temporary promotion shall be deemed to have been cancelled after stipulated period is over as per the Rules. The petitioner did not join in the promotion post. Alleging that though there was a clear vacancy of Professor in OMC, respondents 1 and 2 did not notify the same, and that had it been shown as vacancy, she would have opted for OMC, she filed O.A.No.1203 of 2011, praying for a declaration that the action of the respondents 1 and 2 in not conducting the counseling properly and not showing the vacancy in Professor of Pharmacology at OMC as illegal and arbitrary, and for a consequential direction to post her as Professor of Pharmacology at OMC.
5. The learned Tribunal passed interim orders on 01.03.2011 prohibiting the posting of any other person in OMC. In the meanwhile, having considered the representation of the third respondent, the Government issued G.O.Rt.No.802, dated 30.03.2011 transferring and posting the third respondent as Professor of Pharmacology at OMC. Assailing the same, the petitioner filed O.A.No.1999 of 2011. The learned Tribunal passed interim orders suspending G.O.Rt.No.802, dated 30.03.2011. Therefore, the Government issued G.O.Rt.No.829, dated 08.04.2011 whereby and whereunder the order of transfer of the third respondent was cancelled and she was advised to report before the DME for further posting. Being aggrieved, the third respondent filed O.A.No.2763 of 2011.
6. The Government filed counters in three Applications making similar av
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