NARASIMHA REDDY Vs. MOHAMED BIN SAYEED
LAWS(APH)-1971-10-2
HIGH COURT OF ANDHRA PRADESH
Decided on October 04,1971

NARASIMHA REDDY Appellant
VERSUS
MOHAMED BIN SAYEED Respondents

JUDGEMENT

Obul Reddi, J. - (1.) In the three writ petitions the order of the Government of Andhra Pradesh, Health and Municipal Administration Department, in Memorandum No. I3IO/HHI/7I-4, Health, dated 3oth July, 1971 is challenged by the petitioners on the ground that their transfer from the Municipal Corporation of Hyderabad or from the Municipalities in the State, as the case may be, runs contrary to their service conditions and to the provisions of the Hyderabad Municipal Corporations Act as also the provisions of the Andhra Pradesh Municipalities Act.
(2.) The facts necessary for the disposal of these three petitions may briefly be stated. Petitioners 1 to 4 in W.P.No. 2866 of 1971 are Sanitary Inspectors, borne on the municipal cadre of the municipalities referred to in the affidavit filed in support of the petition, and appointed to the service as Sanitary Inspectors or as Health Assistants as the case may be, after 1st November, 1956. Petitioners 1 to 7 in W.P.No. 3152 of 1971 were appointed as Sanitary Inspectors in the Municipal Corporation, Hyderabad prior to 1st November, 1956 and also confirmed as such before 1st November, 1956. The petitioner in W.P.No. 2809 of 1971 is the Andhra Pradesh Sanitary Inspectors' Union represented by its General Secretary. In all these petitions, the special rules framed by the Governor, in exercise of the powers conferred upon him by the proviso to Article 309 of the Constitution of India, as contained in G.O.Ms. No. 3842, Health dated 31st December, 1964, are challenged on the ground that these rules cannot be invoked by the 2nd respondent i.e., the Director of Medical and Health Services, Government of Andhra Pradesh, to effect transfer of the petitioners from one station to another.
(3.) Sri Sardar AH Khan, learned Counsel appearing for the petitioners in these three writ petitions, contended that the petitioners in W.P.No. 2866 of 1971 are governed by the provisions of the Andhra Pradesh Municipalities Act, and that the petitioners in W.P.No. 3152 of 1971 are governed by the provisions of the Hyderabad Municipal Corporations Act and that, therefore, they cannot be transferred from their respective stations calling in aid the Andhra Pradesh Public Health Subordinate Service Special Rules and that therefore, the orders transferring the petitioners in W.P.Nos. 2866 and 3152 of 1971 are liable to be quashed.;


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