Telangana High Court
WP/28858/2008 of Mr.K.Srinivas Reddy Vs The Union of India on 31 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 28858 of 2008 Between: Mr.K.Srinivas Reddy S/o Late Korivi Kota Reddy Quarter
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 28858 of 2008
Between:
Mr.K.Srinivas Reddy S/o Late Korivi Kota Reddy Quarter No.10/Rly Moulali Post 1105 Railway EngineeringRegiment(TA)
Moulali Hyderabad-40
..... PETITIONER
AND
1 The Union of India Rep.by its Seretary Ministry of Defense NewDelhi 2 The Administrative Officer 1105 Railway Engineering Regiment(TA) Moulali Post Hyderabad-40
3 The Commanding Officer 17 Engr Regt C/o. 56 APO
4 The Commanding Officer Records MEG Bangalore-42
5 PAO (OR) MEG & Centre Bangalore-42
.....RESPONDENTS
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 or direction more particularly one in thenature of writ of Mandamus call for the records and set aside the orderNo.1531332Y/CF/35/KSR dt 24-12-2008 of the 2nd respondent illegalarbitrary and contrary to the Army order AO 25/2001/MP.
Counsel for the Petitioner:MR.T.LAKSHMI NARAYANA
Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY(ASST SOLICITOR GEN)
The Court made the following :
.
ORDER:
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This writ petition is filed by the petitioner to set aside the orderdated 24.12.2008 passed by the 2[nd] respondent – Administrative Officer,1105 Railway Engineering Regiment (TA), Moulali Post, Hyderabadrejecting the request of the petitioner.
Heard the learned counsel for the petitioner and the learnedstanding counsel for the Central Government and at their request the writpetition is taken up for final disposal at the admission stage itself.
The case of the petitioner is that he is a Spr/Masalchi in 105Railway Engineer Regiment (TA), Hyderabad and when he was soughtto be transferred from Hyderabad to Friozpur even though he has notcompleted the minimum tenure period of two years, he approached thisCourt and filed W.P.No.25537 of 2008 and this Court vide order dated25.11.2008 disposed of the said writ petition directing him to make arepresentation to the respondents within one week and the respondentswere directed to dispose of the said representation within three weeksthereafter and accordingly he submitted his representation but therespondents have not passed any orders on his representation and onthe other hand by orders dated 18.12.2008 he was directed to berelieved from the present unit on 30.12.2008. It is also stated that by thesaid orders the respondents have also intimated him that disciplinaryaction would be initiated against him for not forwarding hisrepresentation through chain of command.
Today, when the matter is taken up, the learned standing counselfor the Central Government appearing for the respondents submits thatso far as initiating the disciplinary action against the petitioner is concerned, it is a mistake as the petitioner has submitted therepresentation as per the directions of this Court and, therefore, thatportion of the order is not going to be implemented by the respondents. Regarding the transfer of the petitioner is concerned, the learnedstanding counsel agreed to allow the petitioner to continue in thepresent place till the end of 31.1.2009 without any further extension inview of the difficulties expressed by the petitioner to leave the presentstation immediately now, for which the petitioner also agreed.
In the circumstances, the respondents are given liberty to relievethe petitioner from the present station on 31.1.2009 without any furthertime.
With the above direction, the writ petition is disposed of.
Dt.31.12.2008Msv.
N.V.RAMANA,J
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