DR. M. RAMASESHAIAH Vs. THE GOVERNMENT OF A.P. BY THE SPECIAL SECRETARY, HEALTH AND MUNICIPAL ADMINISTRATION DEPARTMENT, HYDERABAD, AND ORS.

JUDGEMENT

(1.) By order of Government dated, 16th Jan., 1971, the appellant, who was till then serving as Professor of Surgery, Gandhi Medical College, Hyderabad was transferred and posted as Additional Professor of Surgery, Gandhi Medical College. The order also directed the transfer of the third respondent who was then working as Professor of Surgery, Kurnool Medical College. He was posted in the place of the appellant as Professor of Surgery. There were also other transfers and postings effected by the order in question. The validity of this order is impugned by the appellant on grounds which will be dealt with hereafter. His application for a writ a mandamus was rejected by our learned brother Vaidya, J, and this appeal is preferred against the decision.

(2.) The appellant had been a member of the State Medical Service even prior to 1958, when he obtained post graduate degree in Surgery, on 20th Nov., 1959, he was promoted as Civil Surgeon. It was a temporary promotion and there was a reversion in April, 1960, to the rank of Assistant Surgeon. He was, however promoted once again to the category of Civil Surgeons on 2nd June, 1960. He served in several capacities thereafter the details of which need not be recorded here. It is sufficient to mention that since 12th June, 1970, he has been Professor of Surgery in the Gandhi Medical College and Civil Surgeon in the Gandhi Hospital, It is averred by the appellant that the became qualified to be an under graduate professor in the year 1960, and that from April, 1966, he acquired qualification for serving as "post graduate professor."

(3.) The order, dated 16th Jan., 1971, directed the transfer and posting of five officers. Mention was already made that in the place of the appellant the third respondent was posted by transfer from Kurnool. The appellant displaces the 5th respondent as additional Professor of Surgery. The person so displaced is transferred and posted as Professor of Surgery for DM. & S. Course, Gandhi Medical College, Hyderabad and Surgeon, E. S. 1. Hospital, Santhanagar, in the place of 4th respondent who is transferred to Kurnool as Professor of Surgery, Kurnool Medical College.