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Dr.Beulah Priscilla, vs State Of A.P.,
2022 Latest Caselaw 5063 AP

Citation : 2022 Latest Caselaw 5063 AP
Judgement Date : 8 August, 2022

Andhra Pradesh High Court - Amravati
Dr.Beulah Priscilla, vs State Of A.P., on 8 August, 2022
Bench: B Krishna Mohan
                HIGH COURT OF ANDHRA PRADESH
                                   ****
                       WRIT PETITION No. 5622 of 2022
Between:

Dr. Beulah Priscilla
                                                        .....PETITIONER
AND

The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Health Medical and Family Welfare Department,
Secretariat Buildings, Velagapudi,
Amaravati, Guntur District and 5 others
                                                     .....RESPONDENTS


DATE OF JUDGMENT PRONOUNCED: 08.08.2022

SUBMITTED FOR APPROVAL:

         THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN


1. Whether Reporters of Local newspapers            Yes/No
   may be allowed to see the Judgments?


2. Whether the copies of judgment may be            Yes/No
   marked to Law Reporters/Journals


3. Whether Your Lordships wish to see the           Yes/No
   fair copy of the Judgment?




                                      _______________________________
                                       JUSTICE B. KRISHNA MOHAN
                                     -2-



        * THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

                    + WRIT PETITION No. 5622 of 2022

                                    % 08.08.2022


#      Dr. Beulah Priscilla
                                                                 ....Petitioner
                                     Versus

$      The State of Andhra Pradesh,
       Rep.by its Principal Secretary,
       Health Medical and Family Welfare Department,
       Secretariat Buildings, Velagapudi,
       Amaravati, Guntur District and 5 others
                                                              .....Respondents


! Counsel for the Petitioner    :      Sri G. Seena Kumar


^ Counsel for the respondents   :      GP FOR SERVICES-IV for R1 to R3
                                       Sri Srinivasulu Kurra for R4 to R6



< Gist :


> Head Note:



? Cases Referred:
      - Nil -
                                  -3-



          HON'BLE SRI JUSTICE B. KRISHNA MOHAN

                  WRIT PETITION No.5622 of 2022

ORDER: -

      This writ petition is filed questioning the action of the respondent

No.2 in picking up the petitioner for transfer under 30% cap leaving the

unofficial respondents No.4 to 6 from the proposal of transfer though

they are having equal term of long standing of service in the descending

order under the transfer policy of the Government, as discriminatory.


2.    Heard the learned counsel for the petitioner and the learned

Government Pleader for the respondents No.1 to 3.


3.    The counsel for the petitioner submits that the petitioner was

appointed as Assistant Professor in Pathology by the respondent No.2

and she was posted to the respondent No.3-College on 22.07.2015 and

she joined in the said place on 23.07.2015 where she is continuing till

now in the said place. Along with the petitioner another 28 Doctors

including the respondents No.4 to 6 were appointed as Assistant

Professors in Pathology Department and they were posted in various

medical colleges who joined in the service on the same day dated

23.07.2015 at their respective places. A provisional seniority list of

Assistant Professors appointed between 2014 to 2017 by way of lateral

entry and direct recruitment was prepared by the respondent No.2 vide

proceedings dated 05.02.2022. As per the merit rank in the selection, the

names of the candidates who were appointed along with the petitioner

were shown at Sl.No.7 to 36 and 38 in which the unofficial respondents
                                   -4-



were shown at Sl.Nos.9, 16 and 35 and the petitioner's name was shown

at Sl.No.36. Thus in the said seniority list the unofficial respondents

have become seniors to the petitioner.


4.    While so, the respondent No.1 issued certain guidelines for

transfer of regular employees in Health, Medical and Family Welfare

Department vide G.O.Rt.No.40, HM & FW (B1) Department,

dated 28.01.2022. As per the said guideline No.3(v), all the employees

who have completed five years of service at a station as on 28.02.2022

shall be mandatorily transferred and as per clause 3(11), the services in

all the cadres at a station will be counted while calculating the period of

stay. As per clause 3(15)(h), priority shall be given for long standing

employees downwards while effecting the transfers and the ban on the

transfers is relaxed from 01.02.2022 to 28.02.2022 and the same is

further relaxed from 25.02.2022 to 30.03.2022 vide G.O.Rt.No.128

Health, Medical & Family Welfare (B1) Department, dated 24.02.2022.

But the number of employees to be transferred is restricted to 30% of the

total cadre strength and it should be done in descending order of the

length of stay in a station.


5.    The above said provisional seniority list dated 05.02.2022 is in

operation as on today and the total cadre strength in Pathology

department is 112 and out of which 30% of posts comes to 33. As stated

supra, the respondents No.4 to 6 are shown at Sl.Nos.9, 16 and 35 in the

said seniority list and the petitioner's name is shown at Sl.No.36 as they

have joined in the service on the same day at their respective places on
                                       -5-



23.07.2015 completing six years eight months and nine days of service

and as such they all became eligible and liable under the said transfer

policy subject to the limit of 30% cap. The respondent No.2 made an exercise

under the said transfer policy and prepared a list of eligible persons for effecting

transfers for which the petitioner was included whereas the unofficial respondents

No.4 to 6 have been kept out of the purview of the transfers by placing them below

the names of the candidates who were identified under 30% cap for the said

transfers.


6.     The learned counsel for the petitioner submits that the respondent

No.2 ought to have relied upon the seniority list which was prepared as

per the merit rank at the time of appointment into the service even for

effecting the transfers and in the list prepared with respect to the employees

who have completed five years of service in pathology department, the first

candidate's name was shown at Sl.No.893, the petitioner's name is shown at

Sl.No.917 and the unofficial respondents names have been shown at Sl.Nos.926,

927 & 928 and they were excluded in the 30% cap. Aggrieved by the same, the

petitioner approached the respondent No.2 and came to know that since

the unofficial respondents are seniors in the seniority list, though they

completed same length of service, they have been excluded from the

transfer proposals/counselling as they are elders to the petitioner, which

is discriminatory according to the petitioner.


7.     He further submits that the petitioner's husband is a Doctor in

Neurology Department working at Kakinada, they have got first female

child of two years old and the second male child is a six months old baby
                                    -6-



and as such she is in maternity leave which expires on 20.03.2022 and if

she is transferred at this juncture it would be difficult for her to manage

with the six months old baby as it requires due care, caution and

attention and in the present place of posting they have got relatives'

support who can take care of her child in her absence when she is at the

duty.


8.      On the other hand, the learned Government Pleader appearing for

the respondents No.1 to 3 submits that the respondent No.2 filed counter

affidavit stating that the Government issued G.O.Rt.No.40, dated

28.01.2022 framing guidelines for transfer of regular employees in the

Medical and Health Department by relaxing the ban on transfers. As per

paragraph No.5 of the said guidelines, all the employees who have

completed five years of service at a station as on 28.02.2022 shall be

mandatorily liable for transfer. Further guidelines were issued vide

G.O.Rt.No.128 dated 24.02.2022 by extending the time for transfers

upto 30.03.2022. As per point No.5 of the said guidelines in all the cases

where more than 30% of the employees who have completed more than

five years of service, the number of officers transferred shall be restricted

to 30% of the sanctioned posts and it will be done in the descending

order of the length of stay. The petitioner who is working at Kakinada

from 23.07.2015 onwards has completed six years eight months and nine

days of service. Similarly the unofficial respondents have completed six

years eight months and nine days of their service at their present stations.

It is true that the seniority list of Assistant Professors of Pathology as on
                                        -7-



January, 2022 is published, in which the respondents No.4 to 6 were

shown at Sl.Nos.9, 16 and 35, as per their merit and the petitioner is

shown at Sl.No.36 as per her merit. According to the merit and as per

the date of birth also the petitioner is junior to the unofficial respondents

No.4 to 6 in the said seniority list. But for the purpose of transfers, basing

upon the above said transfer guidelines, the list of employees who have completed

five years station seniority in 30% cap is published in the descending order. It is

unconnected to the seniority list prepared in a cadre following the merit

and roster point at the time of entry into service. Thus in the said

published list of transfers, the petitioner's name is shown at Sl.No.917

under 30% cap and the names of unofficial respondents No.4 to 6 are not

included though they have completed same length of service along with

the petitioner as per the above said guidelines of the Government. As per

the said G.O.Rt.No.128, dated 24.02.2022, it is clear that the 30% of the

employees will only be transferred in the descending order of the length of stay in

the station. Once that number is satisfied and that cap fixed is arrived at, the

other left over candidates though completed same length of service need not be

disturbed under transfers. The petitioner cannot make out any grievance

when her name is included under 30% cap basing upon the length of

service in descending order as per the transfer guidelines in the absence

of challenging the said guidelines in any manner and cannot complain any

discrimination since the unofficial respondents have not been touched for such

transfers. Hence, sought for dismissal of the writ petition.
                                          -8-



9.         In reply the learned counsel for the petitioner submits that the

petitioner also has given a representation dated 07.03.2022 to the

respondents No.1 and 2 seeking exclusion of her name from the purview

of transfers keeping her also beyond the 30% cap by including the

unofficial respondents if so required within the cap in her place,

explaining her personal family difficulties also as stated above. But the

respondent No.2 ignoring the same issued the transfer order vide

Rc.No.0005/ (445)/             GT-2022/        E11-B/     2022   dated 22.03.2022

transferring the petitioner from respondent No.3 - college to Andhra

Medical College, Visakhapatnam.


10.        In the light of the above said rival contentions, it is necessary to

look at G.O.Rt.No.40, dated 28.01.2022 issued by the Government of

Andhra Pradesh which is as follows:

                       GOVERNMENT OF ANDHRA PRADESH
                                ABSTRACT

     HM & FW Department - Guidelines for transfer of Regular Employees in
     HM&FW - Department with effect from 01.02.2022 to 28.02.2022 - Orders -
     Issued.

          HEALTH MEDICAL AND FAMILY WELFARE (B1) DEPARTMENT

     G.O.Rt.No.40                                                 Dated: 28.01.2022
                                                                 Read the following:

           1. G.O.Ms.No.45, Fin. (HR.I.Plg. & Policy) Dept., dt.24.06.2019.
           2. G.O.Ms.No.59, Fin.(HR.I.Plg. & Polcy) Dept., dt.04.07.2019.

                                           ***
     O R D E R:

In the G.Os read above, orders have been issued imposing a ban on transfer of all Government employees in the State.

2. The Government has been receiving large number of requests from the employees, on various grounds like spouse, health, both personal and that of the family members, being posted in remote areas for long periods of time etc.

3. In order to provide equitable opportunity to all employees and to ensure transparent procedure in dealing with such requests, the Government hereby relax the ban on transfers in respect of the employees of HM & FW department for a limited period of time with the following guidelines and procedures for strict compliance:

GENERAL GUIDELINES:

1. All transfer and postings should be made through online procedure based on the preferences given by the employees.

2. No TTA/joining time etc., should be granted in case of request transfers.

3. The transfers should not violate the six-point formula, as notified in G.O.Ms.No.610, G.A. (SPF.A) Dept., dt.30-12-1985, and as amended from time to time.

4. The employees who are retiring on or before 28th February, 2023 shall not be transferred. The standing instructions on the transfers of office bearers of recognized Employees Associations as issued in Circular Memo No.245/SW/A1/2014-1, G.A. (SW) Dept., dated 16.09.2014 and also Cir.Memo.No.17225/SW/A1/2014-1 of G.A. (SW) Dept., dated 27.09.2014 will apply.

5. All the employees, who have completed (5) years of service at a station as on 28.02.2022 shall be mandatorily transferred.

6. Candidates who completed (3) years of service in plain areas and (2) years of service in Tribal areas at one station as on 28.02.2022 are eligible to apply for request transfer.

7. Candidates who have completed (3) years of service in plain areas and (2) years of service in Tribal areas at one station but not completed (5) years, shall not be disturbed unless they have requested for transfer

8. The visually challenged employees are exempted from transfers except when they make a specific request for transfer. This category of employees may be posted at a place of their choice subject to availability of a clear vacancy. In all such cases, they shall be given first priority.

9. Transfer and posting of specialist doctors shall be strictly to the specialist post, to which they belong. Specialists shall not be posted in any post earmarked for a different speciality. All specialist doctors should be placed only in secondary and tertiary institutions.

10. Mis-match postings are strictly prohibited. There shall be no doctor working in mismatch posts in any medical institution. If any such mismatch

- 10 -

exists, the same shall be corrected by duly transferring them to their respective specialty.

11. Service in all cadres at a Station shall be counted while calculating the period of stay.

12. All the employees seeking transfer shall indicate three (3) places in the order of preference. When more than one employee opts for a particular place, she/he shall be preferred based on their station seniority.

13. Those who are transferred shall be relieved from the present place of working immediately on receipt of the transfer orders. Under any circumstances the person shall be deemed to have been relieved at the end of seven (7) days of the receipt of the order, any violation of this condition shall be viewed seriously by the Government.

14. Those who are transferred at their request shall not be entitled to any TA/DA and joining time since transfer at their request.

15. While effecting the transfers, the Competent authority shall give priority as follows:

a. Visually handicapped.

b. Employee working in the institutions located in ITDA areas. c. Employees with disability of 40% or more as certified by a competent authority as per "Persons with Disabilities" Act 1995.

d. Employees having mentally challenged children can be transferred to a place where medical facilities are available, provided there is a vacancy.

e. Medical grounds for the diseases viz., of Cancer, Open Heart Operations, Neuro Surgical Operations, Kidney Transplantation can be transferred to places where such facilities are available. The medical condition should be either self or spouse or dependent children or dependent parents.

f. Widow employee appointed on Compassionate appointment. g. Husband and Wife cases (only one of the spouses shall be shifted following the prescribed procedure). Once the facility is utilized, the next request can be made only after eight years.

h. Longest standing employees downwards.

PROCEDURE FOR TRANSFERS:

16. All the procedures for the transfers i.e., submission of application, publication of vacancies, publication of Merit list based on station seniority, submission of grievances, grievance Redressal and allocation of postings shall be done online.

17. All employees who completed five years in a station, and those employees who are eligible for request transfers, should submit their application online. After submitting application online, applicant should download the PDF format of application and submit signed copy to the respective designated authority.

- 11 -

18. All the appointing authorities shall publish the list of vacancies. List of vacancies should include clear vacancies, arising vacancies and posts that are occupied by mismatches.

19. The employees should indicate maximum of three choices of posting/place. In case of non-submission of choice of places then posting will be allocated based on the availability of vacancies.

20. All postings will be allocated online and transfer proceedings will be generated online.

21. Appointing authorities should download the transfer proceedings and communicate the signed copies to the employees.

22. For categories to which Government is the competent authority to issue transfer orders, proposals should be submitted to the Government by respective HoDs, in time.

SCHEDULES in respect of HODs:

Director of Medical Education:

The following Committee shall take up the counseling in respect State:-

    1) Director of Medical Education                    -       Chairman
    2) Commissioner of APVVP                            -       Member
    3) Director of Public Health & Family Welfare       -       Member
    4) Joint Director (DME)                             -       Member/
                                                                Convener
Commissioner of APVVP:

The following Committee shall take up the counselling in respect of State and Zonal cadres.

    1. Commissioner, APVVP                              -       Chairman
    2. Director of Medical Education                    -        Member
    3. Director of Public Health & Family Welfare       -       Member
    4. Secretary, APVVP                                 -       Member/
                                                                Convener

The following Committee shall take up the counselling in respect of District cadres.

1. Joint Collector (V, WS&D) of the District - Chairman

2. DM & HO of the concerned District - Member

3. DCHs of the Concerned District - Member/ Convener Commissioner of Family Welfare/Commissioner of Food Safety/Director of IPM

- 12 -

The following Committee shall take up the counselling in respect of employees under the administrative control of Commissioner of Family Welfare/Commissioner of Food Safety/Director of IPM:

   1. Commissioner of Health & Family Welfare              -      Chairman
   2. Dy.Director (CH&FW)                             -    Member/
                                                           Convener
   3. Director, IPM                                   -    Member


Director of Public Health & Family Welfare: The following Committee shall take up the counselling in respect of State cadres.

   1. Director of Public Health & Family Welfare      -    Chairman
   2. Commissioner, APVVP                             -    Member
   3. Director of Medical Education                   -    Member
   4. Deputy Director (Admn)                          -    Member/
                                                           Convener

The following Committee shall take up the counselling in respect of zonal cadres.

    1. Joint Collector (V, WS &D) of H.Q.District     :    Chairman
    2. Joint Collector (V, WS &D) of other Districts :     Members
    3. Regional Director                              :    Member/
                                                           Convener

The following Committee shall take up the counselling in respect of District cadres.

   1. Joint Collector (V, WS &D) of H.Q. District     :    Chairman
   2. Joint Collector (V, WS &D) of other Districts   :    Members
   3. Regional Director                               :    Member/
                                                           Convener
   Commissioner of AYUSH:

The following Committee shall take up the counselling in respect State and of Zonal cadres.

    1. Commissioner of Ayush                          :    Chairman/
                                                           Convener
    2. Commissioner, APVVP                            :    Member
    3. Director of Public Health & Family Welfare     :    Member

In respect of District cadre post the following Committee shall take up counselling of Para Medical:

1. Joint Collector (V, WS & D) of the concerned District: Chairman

2. Regional Deputy Director AYUSH concerned : Member/ Convener

3. DM & HO of the concerned District : Member

- 13 -

Director General, Drug Control Administration:

The following Committee shall take up the counselling in respect of employees under the administrative control of DG, DCA:

1. Director General, Drug Control Administration : Chairman

2. Commissioner of APVVP : Member

3. Director, Drug Control Administration : Member/ Convener

The Commissioner, Health & Family Welfare, shall supervise the entire activity and also provide administrative and technical guidance. All the HODs shall follow the guidelines issued without deviation and are also requested to do the transfers as far as possible, online using IT applications.

4. (a) The competent authority shall display the list of vacant places arising due to compulsory transfer of officers who completed (5) years by 1st of February.

(b) All the applications on transfers shall reach the competent authority by 07.02.2022.

(c) The competent authority shall examine/scrutinize the applications and shall process them on or before 15.02.2022.

(d) The orders of transfers shall be issued by the competent authority by 21.02.2022. All the transferred employees shall join at their new places on or before 28.02.2022 A.N. without fail.

5. The existing ban on transfer of employees imposed vie the reference 2nd read above is relaxed for the period from 01.02.2022 to 28.02.2022 to ensure right placement of employees to secure optimum productivity and commitment to furtherance of Government's development objectives.

6. The ban on transfers shall come into force with effect from 01.03.2022.

7. This order issues with the concurrence of Finance (HR.I.Plg. & Policy) Department vide their U.O.Note.No.HROPDPP(TRPO)/1/2022, dt.10.01.2022 (Computer No.1609007).

MUDDADA RAVI CHANDRA PRINCIPAL SECRETARY TO GOVERNEMENT

TO All Heads of Dept. under HM & FW Dept. All the sections in HM & FW Dept.

- 14 -

Copy to:

The P.S. to Addl. Secretary to CM.

OSD to Hon'ble Dy.C.M. (H, FW & ME) The Finance (HR-I, PLG.POLICY) Dept., The PS to Prl.Secy. to Govt., HM & FW Dept. Sf/Sc.

// FORWARDED BY ORDERS//

SECTION OFFICER

11. It is also necessary to look at G.O.Rt.No.128 dated 24.02.2022

issued by the Government of Andhra Pradesh, which is as follows:

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

HM & FW Department - Guidelines framed for transfer of Regular Employees of HM & FW Department with effect from 01.02.2022 to 28.02.2022 - Extension of period from 25.02.2022 to 30.03.2022 - modification orders - Issued.

HEALTH MEDICAL AND FAMILY WELFARE (B1) DEPARTMENT

G.O.Rt.No.128 Dated: 24.02.2022 Read the following:

1. G.O.Ms.No.40, HM & FW (B1) Dept., Dt: 28.01.2022

2. G.O.Ms.No. 40, HM & FW (B1) Dept., Dt: 29.01.2022

3. Proposal from the Commissioner, H&FW File.No.11-ADMI/17/2022- CAO (1648937)

*** O R D E R:

In the G.O 1st read above, Government while lifting the ban on transfers, have issued guidelines for transfer of regular employees of HM&FW Dept from 01.02.2022 to 28.02.2022.

2. In the GO 2nd read above, Government have issued an amendment to the orders issued in the G.O 1st read above.

3. In the circumstances reported by the Commissioner, H & FW in his proposal 3rd read above and in partial modification of the orders issued in G.O.1st read above, Government hereby issue the following guidelines:

i. The transfer of regular employees in HM & FW Department shall be effected from 25.02.2022 to 30.03.2022.

- 15 -

ii. Eligible employees can exercise their options for transfers from 25.02.2022 to 03.03.2022 in the online portal enabled by the concerned HoD.

iii. The concerned HoD will conduct counselling (wherever required), allocation of places and issuing of orders shall be completed from 04.03.2022 to 08.03.2022 through virtual mode for all cadres. iv. Transfers process i.e., relief from a station and joining at new station shall be completed on or before 20.03.2022. v. In all cases where more than 30 per cent of the employees have completed more than 5 years, the number of officers transferred shall be restricted to 30% of the sanctioned posts. It will be done in the descending order of the length of stay in the Station. vi. This cap is applied to each cadre (Professors, Associate Professors and Assistant Professors etc.) and for each speciality (General Medicine, General Surgery, Pulmonology etc.) vii. While calculating the number of Officers to be transferred, the fraction may be rounded off to the nearest whole number (Ex.4.00 to 4.50 = 4 & 4.51 to 5.00 = 5) viii. The cap of 30% does not apply to cadres whose sanctioned strength is less than or equal to (16).

ix. Request transfers shall be taken up for all eligible applicants. x. The ban on transfers shall come into force with effect from 31.03.2022.

xi. The revised qualifying date for calculation is 1st April, 2022. xii. All officers retiring on or before 31st March, 2023 shall not be transferred, unless requested by them.

4. Separate orders will be issued in respect of employees of APVVP.

5. Except the above modifications, all the other guidelines mentioned in the GO's read above, shall holds good.

6. All the Head of Departments of H.M. & F.W Department shall take further action accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

MUDDADA RAVI CHANDRA PRINCIPAL SECRETARY TO GOVERNEMENT To All the Heads of Dept. under HM & FW Dept. All the sections in HM & FW Dept.

- 16 -

Copy to:

The P.S. to Addl. Secretary to CM.

OSD to Hon'ble Dy.C.M. (H, FW & ME) The Finance (HR-I, PLG.POLICY) Dept., The PS to Prl.Secy. to Govt., HM & FW Dept. Sf/Sc.

// FORWARDED :: BY ORDER//

SECTION OFFICER

12. For the purpose of this case, Para 3(5)(11) and (15)(h) of G.O.R.T.

No.40 dated 28.01.2022 are relevant. Similarly Para 3 (v) and (vi) of

G.O.R.T.No.128 dated 24.02.2022 are relevant for the purpose of this

case.

At the outset, it is to be seen that it is not the case of the petitioner

that the above said clauses of the above said G.Os. are violated in the

case of the petitioner while effecting the transfer from the respondent

No.3 college to the Andhra Medical College, Visakhapatnam vide

proceedings of the 2nd respondent dated 22.03.2022. The only grievance

of the writ petitioner is that instead of choosing the petitioner under 30%

cap for the transfer, any of the unofficial respondents ought to have been

chosen for the said transfer as all of them completed the same length of

service beyond five years in their respective places on par with the

petitioner and alleges that the action of the 2nd respondent in picking up

the petitioner for the said transfer leaving the others as stated above is

discriminatory.

For example, if the petitioner is chosen for promotion in a vacancy

of one post leaving the other unofficial respondents though they are

- 17 -

similarly situated on par with the petitioner in respect of the equal length

of service in the same cadre following the seniority list, would she

complain that it is discriminatory?, the answer is no, because it is a case

of promotion.

Since it is a case of transfer and the petitioner is not willing to go

on, she is trying to fix the action of the 2nd respondent on the ground of

discrimination. Once the guidelines are applied uniformly and

candidates are picked up to the requirement of the limit of 30% cap,

there cannot be any discrimination to be alleged for leaving the rest of

the candidates from the purview of the proposed transfers. It is to be

remembered that the transfer is an incident of service but not a

punishment unless and until it is given in exceptional circumstances. The

preparation/publication of the list of proposed transfers would only be

based on the policy and guidelines of the Government as stated above.

But it would not depend upon either with the seniority list prepared in a

particular cadre or with the merit list prepared at the time of the entry

into service. The official respondents have no obligation to look into

those lists for the purpose of transfers of employees other than the list

prepared following the guidelines and policy evaluated for the said

purpose. Since the issuance of transfer order is an administrative act of

the 2nd respondent basing upon the above said guidelines and policy of

the Government it shall not be called in question. This Court does not

find any irrationality on the part of the 2nd respondent in choosing the

petitioner for transfer in preference to the unofficial respondents in the

- 18 -

above said facts and circumstances. Hence, the impugned action is

justified and exercised within it's jurisdiction. Needs no interference.

13. However, it is open for the petitioner to make an application for

retransfer to the authority concerned within a period of two (02) weeks

from the date of receipt of this order and on receipt of any such

application from the petitioner, the same shall be considered by the

authorities concerned strictly in accordance with law as expeditiously as

possible subject to the availability of the vacancies.

14. Accordingly, the Writ Petition is disposed of. No costs.

As a sequel, miscellaneous applications, pending, if any, shall also

stand closed.

_______________________________ JUSTICE B.KRISHNA MOHAN

August 8, 2022

Note: L.R. copy to be marked.

LMV / YVK

 
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