V SIVARAMI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The third respondent is Professor or Plastic Surgery in Osmania Universiy Medical College (OMC). At present he is working in M.N.J. Institute of Oncology and Regional Cancer Centre, Hyderabad. He filed O.A.No. 5427 of 1999 under Section 19 of Administrative Tribunals Act, 1985 ('the Act' for brevity) before the A.P.Administrative Tribunal ('the Tribunal' for brevity) to quash Memo No. 19551/A1/ 98-1 dt. 17-4-1999 passed by the Government of Andhra Pradesh, the first respondent herein and also seeking consequential direction to forthwith reconsider the representations of the applicant dt. 7-1-1998 and 13-5-1998 for transfer to OMC/Osmania General Hospital (OGH) as Professor of Plastic Surgery. The impugned order dt. 17-4-1999 reads as under: In pursuance to the order of A.P.Administrative Tribunal referred to above, the representation of Dr. G. V. Sudhakar, Professor of Plastic Surgery, Osmania Medical College/ M.N.J.Institute of Oncology and Regional Cancer Centre, Hyderabad for transfer to Osmania Medical College/Osmania General Hospital, Hyderabad is considered and rejected.

(2.) The Tribunal allowed the original application and directed the respondents to pass fresh orders on the request made by the third respondent for his posting to OMC/OGH. The Tribunal passed the said orders purportedly for the reason that the third respondent completed more than five years of service in the said M.N.J. Cancer Hospital and also because his junior, the writ petitioner herein, completed minimum service of three years in OMC as Professor of Plastic Surgery. The relevant passage from the impugned, judgment is as follows: In view of, the; fact that the applicant has completed more than 5 years of service in M.N.J. Cancer Hospital, and in view of the fact that the said Dr.V. Sivaram Reddy, being the junior-most in the, category of Professors of Plastic Surgery, has completed 3 years of service in Osmania Medical College, the claim of the applicant for a posting in Osmania Medical College, where he will have the opportunity to teach students of M.Ch. (Plastic Surgery), gains considerable force. In any case, there seems to be no point in keeping away the senior-most Professor in the subject from the teaching of the same to the M.Ch. students, to which he is eminently suited, according to his qualifications and experience. The applicant has therefore made out a case for his transfer and posting in the Osmania Medical College/ Osmania General Hospital as Professor of Plastic Surgery.

(3.) Be it noted that Dr. V. Sivaram Reddy referred to by the Tribunal in the above extract was not made a party to the original application. As he is imminently and vitally affected the filed the present"Writ Petition with the leave Of this Court. He is at present Professor in OMC/QGH, In his affidavit he stated that initially the third respondent filed O.A.No. 4136 of 1998 praying the Tribunal for a direction to the respondents to consider Ms request for being posted to OMC/OGH vide his representations dt. 7-1-1998 and 13-5-1998, and that the Tribunal disposed of the said O.A- directing the respondents to pass appropriate orders within a period of thirty days. Thereafter, it is stated that the Government considered the representations made by the third respondent and passed the impugned order. It is also stated that though he is Vitally affected, the third respondent did not choose to make him as respondent in the O.A. and that the impugned judgment of the Tribunal is illegal and arbitrary. The petitioner also stated that though there are two posts in OGH as is done in other Hospitals, the senior professor is posted as Head of the Department and the junior is posted as second Professor instead of posting two seniors as Heads of the Departments. Dr. Thakur Hameer Singh is the Senior Professor and therefore he is posted as Head of the Department in OMC/OGH and the petitioner is posted as other Professor. In the case of third respondent he is posted as Head of the Department of Plastic Surgery in M.N.J.Cancer Hospital. The Government has considered all these aspects and rejected his case by the impugned order.