Dr.M.Gowthami, v. The District Collector/Chairman

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.45599 OF 2018

ORDER

This writ petition is filed seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner's case for request transfer in the existing vacancy of Dentist on contract basis at DEIC, GGH, Kakinada by considering her representations dated 2.9.2018 and 2.11.2018 at highly illegal, arbitrary and consequentially this Hon'ble Court may be pleased to direct the respondents to consider the petitioner's request for transfer from TEIC, Rampachodavaram, to DEIC, GGH, Kakinada by considering his representations 2.9.2018 and 2.11.2018 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

Heard Sri M.R.Tagore, learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondents.

It is the case of the petitioner that she was appointed as Dentist vide proceedings dated 22.01.2016 of the 2nd respondent in National Health Mission, on contract basis and since then, she has been working in the agency area. She submitted representations dated 2.9.2018 and 2.11.2018 to the respondents to consider her case for transfer to Government Hospital, Kakinada. But the respondents are not considering her case.

Learned counsel appearing for the petitioner contends that appropriate orders be passed directing the respondents to consider the said representations of the petitioner in accordance with Rules.

Learned Government Pleader appearing for the respondents contends that the petitioner has no right to seek transfer to a particular place; and as per the administrative requirements, the case of the petitioner will be considered, in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that ends of justice would be met if a direction is given to the respondents to consider the case of the petitioner. Accordingly, the Writ Petition is disposed of directing the respondents to consider the representations dated 2.9.2018 and 2.11.2018 of the petitioner and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 15th December, 2018 rkk