In a significant administrative decision, the central government has revised the state allocation for an Associate Professor of Anaesthesia, moving him from Andhra Pradesh to Telangana. This action comes after the individual successfully petitioned the High Court, challenging his initial assignment. The court directed the government to review his case, leading to a comprehensive examination by an advisory committee. The committee, citing humanitarian grounds and acknowledging the professor’s medical hardship, recommended the change. The government subsequently approved this recommendation, exercising powers under the AP Reorganisation Act. It’s important to note that while this decision provides relief to the individual, it is explicitly not to be considered a precedent for future cases.
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F.No.29(C)/38/2017-SR(S)
Government of India
Ministry of Personnel, PG and Pensions
Departmental of Personnel and Training
$* * * * *$
$3^{\text {rd }}$ Floor, Lok Nayak Bhawan, Khan Market, New Delhi Dated : $6^{\text {th }}$ October 2017
ORDER
Subject: Revision of final allocation of Dr. P. V.Praveen Kumar, Associate Professor of Anaesthesia in compliance of the order dated 25.04.2017 passed by the Hon’ble High Court of Hyderabad in WP No.8157/2017 – reg.
Dr. P.V. Praveen Kumar, Associate Professor of Anaesthesia, was allocated to Andhra Pradesh vide Order No.10(3)/2017 dated 25.01.2017.
2. Aggrieved with his allocation to Andhra Pradesh Dr. PV Praveen Kumar filed WP No.8157/2017 in the Hon’ble High Court of Judicature at Hyderabad. The aforementioned WP, was disposed by the Hon’ble High Court vide order dated 25.04.2017 with the direction to the GOI to consider and decide the representation of the petitioner for revision of allocation. The operative part of the order is reproduced below:
“We consider it appropriate, in such circumstances, to dispose of the writ petition permitting the petitioner to submit a review application before the Government of India within two weeks from today. On such an application being made, the 1st respondent shall consider it in accordance with law, pass orders thereupon, and communicate the same to the petitioner at the earliest, preferably within three months from the date of receipt of the petitioner’s review application.
… … we consider it appropriate to direct the respondents not to relieve the petitioner from his present post till a final decision is taken, on the petitioner’s application for review, by the Government of India, and its decision is communicated to all the parties concerned, including the petitioner herein. The questions of law raised in this writ petition are left open to be agitated, if need be, in subsequent legal proceedings.”3. The representation of the petitioner, in compliance of the aforementioned judgment of the Hon’ble High Court, for revision of his allocation from Andhra Pradesh to Telangana, was examined in this Department and it was decided to place the matter for consideration of the Advisory Committee as a special case.
- The Advisory Committee, during its meeting 23rd meeting held on 28.08.2017, considered the representation of Dr. P. V. Praveen Kumar, on humanitarian grounds of medical hardship, and recommended for his allocation to the State of Telangana.
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The recommendations of the Advisory Committee have been accepted by the Competent Authority. Accordingly, Government of India, drawing powers conferred under Section 77 (3) of the AP Reorganisation Act, 2014, in partial supersession of Order No. 10(3)/2017 vide F.No.29/24/2016-SR(S), hereby revises the final allocation of Dr. Praveen Kumar, Associate Professor of Anesthesia, from Andhra Pradesh to Telangana, without being quoted as precedence.
(15-15-17)
Under Secretary to the Government of India
To
- The Chief Secretary, Andhra Pradesh Government, Velagapudi, District Guntur
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The Chief Secretary, Government of Telangana, Hyderabad
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The Secretary, Department of Health, Medical & Family Welfare, Andhra Pradesh Government, Secretariat, Velagapudi, District Guntur
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The Secretary, Department of Health, Medical & Family Welfare, Telangana Government, Hyderabad
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The Secretary, General Administration (SR) Department, Andhra Pradesh Government, Hyderabad
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Dr. P. V. Praveen Kumar, In-Charge Professor of Anaesthesia, Govt. General and Chest Hospital, Erragadda, Hyderabad, Telangana – 500018.
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Allocation File No.29/24/2016-SR(S) for records