M.M.Noor Ahmed, vs The Director Of Insurance Medical ...
2021 Latest Caselaw 4173 AP

              HON'BLE SRI JUSTICE NINALA JAYASURYA

                      WRIT PETITION No. 9515 of 2019

JUDGMENT: (Heard and pronounced through Blue Jeans App (Virtual)
          mode, since this mode is adopted on account of prevalence of
          COVID-19 pandemic)

      Heard Mr. M.R. Tagore, learned counsel for the petitioner, and learned

Government Pleader for Labour representing respondent No.2.

2. The writ petition is filed with the following prayer:

"........ 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 transferring and posting the 3rd respondent vide impugned proceedings Rc.No.2405/Estt/A/2019-166 dated 10.07.2019 in place of the petitioner and consequently transferring the petitioner vide proceedings Rc.No.2405/Estt/A/2019-167 dated 10.07.2019 and posting at ESI Dispensary, P.V.Thota, Guntur District, from ESI Hospital, Nawabpet, Nellore, as highly illegal, arbitrary and contrary to the guidelines vide G.O.Ms.No.45 Finance (HR.I-Plg. & Policy) Department dated 24.06.2019 and consequently to set aside both the impugned proceedings with a further direction to continue the petitioner at ESI Hospital, Nawabpet, Nellore.

3. In the writ petition, it is inter alia stated that pursuant to a representation

dated 05.07.2019 made by the 3rd respondent for transfer on the ground that her

husband is working at Nellore town and that she is suffering with spinal problems,

the impugned proceedings were issued posting the 3rd respondent at ESI Hospital,

Nawabpet, Nellore, in place of the petitioner, though the 3rd respondent had

requested to post her at A.K. Nagar where a clear vacancy is existing, and in such

circumstances, the petitioner was constrained to file the present writ petition.

4. At the time of considering the matter, by an order dated 26.08.2019, an

interim direction was granted to the effect that the petitioner shall not be relieved

from the place of his present post and he shall be continued to work in the same

place. The said order was extended from time to time till 04.03.2020 and

thereafter, it appears that the matter has not been listed.

5. When the matter is taken up for consideration today, learned counsel for the

petitioner submits that as the orders dated 26.08.2019 passed by this Court have

not been complied with, the petitioner had filed a contempt case in C.C.No.205 of

2020. However, he submits that recently, the 1st respondent issued proceedings

dated 11.10.2021 transferring and posting the petitioner at ESI Dispensary, Tada,

and pursuant to the said proceedings, the petitioner had joined duty on 18.10.2021.

He submits that in view of the said position, the writ petition may be closed

without going into the merits of the case.

6. Recording the submission of the learned counsel for the petitioner, the Writ

Petition is closed. No order as to costs.

7. Consequently, miscellaneous petitions, if any, pending shall stand disposed

of.

_______________________ NINALA JAYASURYA, J 22nd October, 2021 cbs

HON'BLE SRI JUSTICE NINALA JAYASURYA

Writ Petition No. 9515 of 2019

22nd October, 2021

cbs