MANCHAIAH Vs. DIRECTOR OF MEDICAL EDN.

JUDGEMENT

(1.) The Petitioner a Stenographer in the Department of Medical Education has presented this writ petition praying for the issue of a writ of mandamus directing the respondent to pay salary and allowances due to the petitioner for the period commencing from 9 5.1980 to 6.8.1982.

(2.) This petition has come up for preliminary hearing after notice to the respondent. By consent of both the counsel it is taken up for final hearing.

(3.) The facts of the case in brief are as follows: The petitioner was working as Stenographer in the department of Health and Family Welfare Service of the State Government. The department was reorganised as per Government order dated 18.11.1978. According to the said order, a separate Directorate of Medical Education was created and placed under the Director of Medical Education. The petitioner was then working in the Mysore Medical College. The said college came under the administrative control of the Directorate of Medical Education. This bifurcation came into force on 9.4.1978. The petition was transferred by an order 7.5.1980 issued by the Administrative officer of the Directorate of Health and Family Welfare Services. The petitioner questioned the legality of the said order on the ground that he had come under the control of the Directorate of Medical Education, the Administrative office of the Directorate of Health and Family Welfare Services had no authority to transfer him. This contention of the petitioner was upheld and the order of transfer was quashed in W.P. No. 8992/1980 on 18th Feb. 1982.