M RAMASESHAIAH PROFESSOR OF SURGERY GANDHI MEDICAL COLLEGE Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
M.RAMASESHAIAH, PROFESSOR OF SURGERY, GANDHI MEDICAL COLLEGE
GOVERNMENT OF A.P.
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Parthasarathi, J. -
(1.) By order of Government dated, 16th January, 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 November,
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 he became
qualified to bs 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 January, 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 D.M. & S. Course,
Gandhi Medical College, Hyderabad and
Surgeon, E.S.I. Hospital, Santhanagar,
in the place of 4th respondent who is
transferred to Kurnool as Professor of
Surgery, Kurnool Medical College.;
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