Andhra Pradesh High Court - Amravati
Dr. Alahari Umakanth vs State Of Andhra Pradesh on 17 October, 2024
APHC010395422024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20254/2024
Between:
1. DR. ALAHARI UMAKANTH, S/O. A SESHAGIRIRAO, AGED 30
YEARS. ASSISTANT PROFESSOR, GENERAL MEDICINE, O/O.
GOVERNMENT MEDICAL COLLEGE, PADERU. R/O. 20-02-632,
VENUGOPALA SWAMY TEMPLE STREET, 0PP. GOSALA,
MULAPETA, NELLORE - 524003
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY DEPARTMENT OF HEALTH, MEDICAL AND FAMILY
WELFARE, SECRETARIAT, VELAGAPUDI, AMARAVATI.
2. DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA
PRADESH, OLD GENERAL HOSPITAL PREMISES, HANUMANPET,
VIJAYAWADA, KRISHNA DISTRICT-520003.
3. GOVERNMENT MEDICAL COLLEGE, REPRESENTED BY ITS
PRINCIPAL, PADERU. ASR DISTRICT.
4. ACSR GOVERNMENT MEDICAL COLLEGE, REPRESENTED BY ITS
PRINCIPAL NELLORE, NELLORE DISTRICT.
5. GOVERNMENT MEDICAL COLLEGE, REPRESENTED BY ITS
PRINCIPAL, MARKAPUR, PRAKASAM DISTRICT
...RESPONDENT(S):
Page 2 of 4
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue any appropriate Writ, order or Direction preferably
a Writ in the nature of Writ of Mandamus declaring the action of the
Respondents in not repatriating the Petitioner to ACSR Government Medical
College, Nellore and posted to Government Medical College, Paderu as
Assistant Professor, General Medicine despite the undertaking given by the
Respondents in W.P.No.11434 of 2024 as illegal, arbitrary, high handed,
violative of principles of natural justice and violative of fundamental rights
guaranteed to the Petitioner under Article 14, 19 and 21 of the Constitution of
India and a consequential direction to the Respondents to transfer the
Petitioner to ACSR Government Medical College, Nellore as Assistant
Professor, General Medicine Department as per their undertaking dated
09.05.2024 in W.P.No. 11434 of 2024
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct the Respondent No,2 to issue transfer orders to the
Petitioner to ACSR Government Medical College, Nellore as Assistant
Professor of General Medicine before filling up of vacancies to the post of
Assistant Professor of General Medicine pursuant to Recruitment Notification
No. 15/2024 dated 23.08.2024 by considering the representation of the
Petitioner dated 30.08.2024
Counsel for the Petitioner:
1. ARUN SHOWRI G
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following:
ORDER
Heard Ms Sk.Shahjeda, learned counsel representing Sri G.Arun Showri, learned counsel for petitioner, and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for respondents.
Page 3 of 42. The petitioner, Assistant Professor, General Medicine, filed the above writ petition to declare the action of the respondents in not repatriating the petitioner to ACSR Government Medical College, Nellore, despite the undertaking given by the respondents in W.P.No.11434 of 2024, as illegal and arbitrary.
3. a) The petitioner was appointed as Assistant Professor in the Department of General Medicine through direct recruitment and posted as such in ACSR Government Medical College, Nellore vide Proceedings in Rc.No.999/E11B/2024 dated 15.03.2024. Thereafter the petitioner was transferred vide G.O.Rt.No.320 HM&FW (A1) Department dated 03.05.2024 to the Government Medical College, Markapuram. The petitioners and others filed W.P.No.11434 of 2024, wherein the learned Government Pleader submitted that the transfers are temporary and the transferred medical officers would be reverted to the original place of posting, as and when faculty is posted in their place in the new medical college. Recording the same, the said writ petition was disposed of on 09.05.2024.
b) The petitioner submitted a joining letter to the Principal of Government Medical College, Markapuram on 03.06.2024 (Ex.P4) and the petitioner worked there from 04.06.2024 to 11.06.2024 (Ex.P6). The Principal made an endorsement (Ex.P7) on the joining letter that the post of Assistant Professor is not vacant. Later, the petitioner was reposted to Government Medical College, Paderu vide Proceedings C.No.2457540/E11.B/2024 dated 19.06.2024 (Ex.P9).
4. Learned Assistant Government Pleader for Services submitted the written instructions of the Director of Medical Education, wherein relevant Paragraphs read thus:
"5. It is respectfully submitted that Dr.A.Umakanth, Assistant Professor in the department of General Medicine has requested the DME, A.P, Vijayawada to issue repatriation orders to ACSR GMC Nellore due to non-
Page 4 of 4availability of vacancy of Assistant Professor of General Medicine at GMC Markapuram. However, the above faculty was issued reposting orders at Government Medical College, Paderu, ASR District as an Assistant Professor in the department of General Medicine in the existing vacancy to fulfillment of National Medical Council of India norms and the National Medical Commission scheduled the inspections in Phase II Medical Colleges i.e. (GMC, Markapuram, GMC, Paderu, GMC, Adoni, GMC, Madanapalli) and there shall be not less than 90% faculty has to be in positioned.
6. It is respectfully submitted that the proposals (e-Office File No.2585879) have already been submitted to the Government for revert back Dr.A.Umakanth, Assistant Professor in the department of General Medicine, Government Medical College, Paderu to return to his original place of posting i.e. at ACSR Government Medical College, Nellore, orders are awaited."
Learned Assistant Government Pleader for Services would further submit that necessary orders will be passed in due course to repost the petitioner at ACSR Government Medical College, Nellore.
5. Given the facts and circumstances of the case, considering the written instructions placed before this Court, since the proposals were already submitted to the Government to revert the petitioner to his original place of posting i.e. ACSR Government Medical College, Nellore and the same is pending considering before the 1st respondent, the 1st respondent shall pass appropriate orders within six weeks from the date of this order.
6. Accordingly, the Writ Petition is Disposed of. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI PVD