Telangana High Court

WP/24433/2004 of R.Chinya Naik, Vs The Commissioner of Tribal Welfare, Telugu on 28 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24433 of 2004 Between: R.Chinya Naik

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and

THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24433 of 2004

Between:

R.Chinya Naik s/o.Bugya Naik,

Age 34 years, Hostel Welfare Officer,

S.T. Boys Hostel, Shadnagar,

Mahaboobnagar.

AND

..... PETITIONER

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1. The Commissioner of Tribal Welfare,

Telugu Samkshema Bhavan,

Masab Tank, Hyderabad.

2. The District Collector (TW),

Mahaboobnagar,

Mahaboobnagar District.

3. The District Tribal Welfare Officer,

Mahaboobnagar,

Mahaboobnagar District.

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ of mandamus declaring the impugnedproceedings of the 2[nd]respondent pertaining toProc.Rc.No.A2/2945/2004, dated 16-12-2004 and the notice order ofthe A.P. Administrative Tribunal, Hyderabad in O.A.No.6811/2004dated 17-12-2004 as illegal and consequently set-aside the sameand further direct the respondents to continue the petitioner as HostelWelfare Officer in S.T. Boys Hostel, Shadnagar, MahaboobnagarDistrict and pass such other order or orders as this Hon’ble Courtmay deem fit and proper and necessary in the circumstances of thecase.

Counsel for the Petitioner :MR.P.V.SUBRAHMANYA SARMACounsel for the Respondents: GP FOR SERVICES-II

The Court made the following :

ORDER: (per Hon’ble Mr.Justice G.Bikshapathy)

In the instant case, the order of repatriation of the petitioner from thepost of Hostel Welfare Officer/Warden, Grade-II to that of AssistantTeacher is assailed before the A.P. Administrative Tribunal. The saidorder was issued by the District Collector, Mahaboobnagar, 2[nd]respondent, in Rc.No.A2/2945/2004, dated 16-12-2004. The Tribunalhowever admitted the O.A. and issued notice to the respondents,against which the present Writ Petition has been filed contending thatthe Tribunal failed to pass appropriate orders in the circumstances ofthe case.

2. The learned Counsel for petitioner would submit that the impugned order of the 2[nd] respondent is having the effect of repatriating thepetitioner to the post of Teacher while he is working as HostelWelfare Officer/Warden, Grade-II, S.T. Boys Hostel, Shadnagar,Mahaboobnagar for nearly one year.

3. It is brought to our notice that no other person has been posted inthe place of the petitioner. Under these circumstances, we deem itappropriate to order status quo obtaining as on today with regard tothe post held by the petitioner as Hostel Welfare Officer/WardenGrade-II, S.T. Boys Hostel, Shadnagar, Mahaboobnagar District.

4. Accordingly the Writ Petition is disposed of with a direction thatpending O.A.No.6811/2004 on the file of the A.P. AdministrativeTribunal, Hyderabad, status quo obtaining as on today shall bemaintained with regard to the post held by the petitioner as HostelWelfare Officer, S.T. Boys Hostel, Shadnagar, MahaboobnagarDistrict. No costs.

___________________

Justice G.Bikshapathy

___________________

Justice P.S.Narayana

Date : 28-12-2004

Note: Furnish copy in (2) days.

AM

// TRUE COPY //

..... REGISTRAR

To

SECTION OFFICER

1. The Commissioner of Tribal Welfare,

Telugu Samkshema Bhavan,Masab Tank, Hyderabad.2. The District Collector (TW),Mahaboobnagar,Mahaboobnagar District.3. The District Tribal Welfare Officer,Mahaboobnagar,Mahaboobnagar District.4. 2 C.Cs. to Government Pleader for Services-II,High Court of A.P.High Court Buildings,Hyderabad (OUT)

5. 2 C.D. copies

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