Telangana High Court
WP/21075/2004 of R. Rama Rao, Vs The Project Administrator AND Superintendent Engineer, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY & THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 21075 of 2004 Between: R. Rama Rao, O/o
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
&
THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 21075 of 2004
Between:
R. Rama Rao, O/o the Executive Engineer, Velugonda Project Division,Markapur, Prakasam District (Now being transferred).
..... PETITIONER
AND
1 The Project Administrator & Superintending Engineer, Velugonda Project Circle,Ongole.
2 The Executive Engineer, Velugonda Project Division, Markapur,PrakasamDistrict.
3 R.D.Prakash, O/o the Executive Engineer, Velugonda Project Division,Udayagiri, Nellore District (Now being transferred).
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an appropriate writ more in the nature of a writ of Certiorari calling for therecords pertaining to O.A.No. 4693/04 dated 12th October 2004 on the file of theA.P. Administrative Tribunal and quash the same and set aside the orders of theSuperintending Engineer, VGPC, Ongole in his proceedings No.SE/VGP/S2/SA.4/554M, dated 24-7-2004.
Counsel for the Petitioner:MR.CH.SAMSON BABU
Counsel for the Respondent No.: GP FOR IRRIGATION & COMMAND AREADEVELOPMENT.
The Court made the following :
O R D E R:(PER GB.J)
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1) This writ petition is filed assailing the order of the Andhra Pradesh AdministrativeTribunal in O.A.No.4693 of 2004, dated 12.10.2004 and to quash the same.
2) It is the case of the petitioner that he was initially appointed as Typist in the officeof the Executive Engineer, Markapur, Prakasam District. By the impugned order,dated 24.07.2004, in order to accommodate the 3[rd] respondent, the 1[st] respondent-Project Administrator & Superintending Engineer, Velugonda Project Circle, Ongole,transferred the petitioner from Markapur Division and posted him to VelugondaProject Circle, Ongole. Aggrieved by the same, he preferred O.A.No.4693 of 2004before the Tribunal. The said O.A. filed by the petitioner was dismissed by theTribunal, by order, dated 12.10.2004, holding that the transfer order has beenpassed by the respondent officials on administrative grounds and there is noillegality in the transfer proceedings issued by the 1[st] respondent. Aggrieved by thesame, this writ petition is filed.
3) The learned counsel for the petitioner submits that the transfer is effected only toaccommodate the 3[rd] respondent and such a transfer is not permissible for the reason that the transfer order issued by the 1[st] respondent is not made onadministrative grounds. The learned counsel further submits that as the 3[rd]respondent did not possess the required qualifications for the post of Typist, the veryappointment and transfer is illegal and contrary to law.
4) Heard the learned counsel for the respondents and also the learned GovernmentPleader.
5 ) As can be seen from the material available on record, we find that the saidtransfer order was made in order to accommodate the 3[rd] respondent. It is also seenthat nowhere in the transfer order it is stated that the transfer of the petitioner wasmade on administrative grounds.
6 ) In those circumstances, we think it just and proper to direct the 1[st]respondent to pass appropriate orders within a period of three weeks from the dateof receipt of a copy of this order. The 3[rd] respondent, who is said to be continuing asTypist at Markapur, shall continue at Markapur, subject to the order that may bepassed by the authorities as directed by this Court.
7) The writ petition is accordingly allowed. No costs.
_______________
G.BIKSHAPATHY.J.,
_______________
P.S.NARAYANA.J.,
DT.29.12.2004
c.c.in three days
B/o
tjs
To
1 The Project Administrator & Superintending Engineer, Velugonda Project Circle,Ongole.
2 The Executive Engineer, Velugonda Project Division, Markapur, PrakasamDistrict.
3 R.D.Prakash, O/o the Executive Engineer, Velugonda Project Division,Udayagiri, Nellore District (Now being transferred).
4 CCs to the G.P. for Irrigation & Command Area Development, High Court of A.P.,Hyderabad (OUT)
5 2CD copies
6) One C.C. to Mr.Ch.Samson Babu, Advocate
7) One C.C. to Mr.C.AR.Seshagiri Rao, Advocate.