Andhra Pradesh High Court - Amravati
S.Eswara Rao vs The State Of Andhra Pradesh on 25 August, 2022
THE HON'BLE Dr.JUSTICE K.MANMADHA RAO
Writ Petition No.25801 of 2022
ORDER:-
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:-
".........to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in rejecting the petitioners request for transfers, against the clear existing vacancies of Lab Technicians Gr.II and Pharmacist Gr.II on contract basis in Visakhapatnam District vide impugned Memo.No.HMF01- 1552364/G.2/2021 dated 22.7.2022 as illegal, arbitrary and discrimination and set aside the impugned Memo dated 22.7.2022 and consequentially the Honble Court may be pleased to declare that the petitioners herein are entitled for transfers on request against the clear existing vacancies which are available in towns/rural areas by keeping in view of their long service in agency/rural areas."
2. Heard Mr.M.R.Tagore, learned counsel for the petitioners and the learned Government Pleader for Services-IV, appearing for the respondents. Perused the material available on record.
3. Learned counsel for the petitioners submits that Government issued G.O.Ms.No.217, HM & FW Department, dated 26.2.2001, permitting to fill up the posts of Para Medical Staff, including Lab Technicians Gr.II and Pharmacists Gr.II on contract basis, on payment of 100% gross salaries. On the basis of said G.O., a notification was issued in Visakhapatnam District and the petitioners herein were applied and got selected and appointed as Lab 2
4. Learned counsel for the petitioners submits that all the petitioners were posted in Tribal areas and are working since twenty years. In this connection, the petitioners have submitted representations dated 14.4.2011, 8.5.2017, 4.2.2019 and 18.2.2019 to the 4th respondent, who is the competent authority, requesting to transfer them to other better places against the clear vacancies. But, no action has been taken by the 4th respondent on the said representations.
5. Learned Government Pleader for Services-IV submits that the writ petition may be disposed of directing the respondents to dispose of the representations of the petitioners, in accordance with law, by stipulating the time period.
6. As can be seen from the material available on record, on the basis of representation of the AP DSC Contract Paramedical Employees Joint Action Committee, A.P., requesting to transfer provision to contract para medical employees on health or any personal grounds, as they are working in the same place for the last 15 to 19 years, the Government issued Memo.No.HMF01-STMT0CMOR/46/ 2021-G, dated 4.11.2021, which reads as follows:
"A copy of the reference cited together with its enclosure is sent herewith to the Director of Public Health & Family Welfare, A.P., Vijayawada / the Commissioner of Health & Family Welfare, A.P., Mangalagiri and they are requested to examine request of the AP DSC Contract Paramedical Employees Joint Action Committee, A.P and take further action as per rules in force."3
7. On the basis of W.P.No.16997 of 2022 filed by S.Eswara Rao, and four others, requesting to transfer provision to contract para medical employees on health or any personal grounds, as they are working in the same place for the last 15 to 19 years, the Government issued speaking orders vide Memo.No.HMF01-1552364/G.2/2021, dated 22.07.2022. Para-3 reads as follows:-
"Further submitted that in Para 8 of G.O.Rt.No.12, M & FW (J2) Department, dated 5.1.204 and Annexure to guidelines for contract appointments, it was indicated that, ordinarily contractual appointees will not be transferred to other posts or stations. However, the Department reserves the right to transfer contractual appointees to other posts of equal status or another station due to exigencies of work, or the performance of the individual."
8. Para - 8 of Annexure to G.O.Rt.No.12, HM & FW (J2) Department, dated 5.1.2004 reads as follows:-
"Headquarters and Transfers: A person appointed on contract shall report at the place of his/her posting at his/her own cost, which will be treated as his/her headquarters. It shall be mandatory for the reason to reside at his/her official headquarters. His/her working hours shall be the same as regular employees. Ordinarily, contractual appointees will not be transferred to other posts or stations. However, the Department reserves the right to transfer contractual appointees to other posts of equal status or another station due to exigencies of work, or the performance of the individual, subject to payment of usual transfers TA on par with regular employees of equivalent status."
9. A perusal of the above proceedings/Memos shows that the Department reserves the right to transfer contractual appointees to other posts of equal status or another station due to exigencies of work, or the performance of the individual.
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10. In view of the above facts and circumstances and before finalizing the selection process under Notification Rc.No.999/E2/2-2022, dated 05.08.2022, issued by the Collector and District Magistrate, Visakhapatnam / 3rd respondent herein, the respondents are directed to reconsider the cases of the petitioners for transfer, in the light of Para - 8 of Annexure to G.O.Rt.No.12, HM & FW (J2) Department, dated 5.1.2004, within a period of four weeks from the date of receipt of the order.
11. Accordingly, the writ petition is disposed of at the admission stage. No costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________________________ Dr.JUSTICE K. MANMADHA RAO Date: 25.08.2022.
HS 5 THE HON'BLE Dr.JUSTICE K. MANMADHA RAO Writ Petition No.25801 of 2022 Date: 25.08.2022 HS