Dismissed

N.John Jayakar, S/o John, v. State of Andhra Pradesh, rep. by its Principal Secretary

Telangana HC16 Aug 2017WP/27255/2017

Case brief

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What is this about?

In a writ petition challenging Post-Adjudication orders regarding the transfer and posting of a Field Worker/Attender, the High Court upheld the Tribunal's finding that the transfer was valid as the ban on transfer did not apply, thereby dismissing the writ petition and disposing of the related miscellaneous petition.

What did the court decide?

Writ petition dismissed; W.P.M.P. No.33848 of 2017 disposed of as infructuous.

N.John Jayakar, S/o John, Vs State of… — Pension and Retirement Benefits | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON’BLE SRI JUSTICE GUDISEVA SHYAM PRASAD

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Writ Petition No.27255 of 2017

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DATED:16-08-2017

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Between:

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N. John Jayakar … Petitioner

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And

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State of Andhra Pradesh Rep. by its Principal Secretary Health, Medical & Family Welfare Department Secretariat Buildings, at Velagapudi Amaravathi Guntur District and others … Respondents

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COUNSEL FOR THE PEITITONER: Mr. G.V.L. Murthy

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COUNSEL FOR THE RESPONDENTS: G.P. for Medical & Health (AP)

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THE COURT MADE THE FOLLOWING:

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CVNR, J & GSP, J WP 27255/2017

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ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy)

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The petitioner was appointed on compassionate ground as Field Worker/Attender on 30.09.1995 and posted at District Malaria Office, Guntur, in the unit of the District Medical and Health Officer, and subsequently his services were placed under the Regional Director, Medical and Health Services, Guntur. The Regional Director has passed order dt.9.6.2016 surrendering his services to the unit of the District Medical and Health Officer, Guntur, who by order dt.01.07.2016 posted him at Primary Health Centre, Uppalapadu, as Office Subordinate, pending disciplinary action against him. The order of the Regional Director as well as that of the District Medical and Health Officer, Guntur, have been assailed by the petitioner in O.A. No.1427 of 2017 before the Andhra Pradesh Administrative Tribunal (for short, “the Tribunal”).

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The petitioner pleaded before the Tribunal that in view of the ban on transfer of employees, his shifting from Guntur to Uppalapadu is illegal. The Tribunal has taken note of serious allegations of indiscipline and misconduct on the part of the petitioner and declined to interfere with the impugned orders by observing that the ban on transfer does not apply to the case of the petitioner, who was surrendered to his parent unit, and that the head of the said unit in turn has posted him at Uppalapadu. On a careful consideration of the facts of the case, we have no reason to interfere with the wellconsidered order of the Tribunal.

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Hence, the writ petition is dismissed.

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As a sequel to dismissal of the writ petition, W.P.M.P. No.33848 of 2017 shall stand disposed of as infructuous.

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C.V. NAGARJUNA REDDY, J

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__________________________ GUDISEVA SHYAM PRASAD, J

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16-8-2017 bnr

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CVNR, J & GSP, J WP 27255/2017

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N.John Jayakar, S/o John, v. State of Andhra Pradesh, rep. by its Principal Secretary

Case brief

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What did the court decide?

N.John Jayakar, S/o John, v. State of Andhra Pradesh, rep. by its Principal Secretary

Case brief

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What did the court decide?

What the court decided

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