Telangana High Court
WP/23046/2004 of M.a.Khadeer Vs B Surender Reddy on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH 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 : 23046 of 2004 Between: M.A.Khadeer
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH 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 : 23046 of 2004
Between:
M.A.Khadeer S/o.Md.Khaja Moinuddin Executive Engineer, R.W.S., (PR) Hyderabad.
AND
..... PETITIONER
1 B Surender Reddy S/o. and age not known Executive Engineer, RWS, Guntur.
2 State of Andhra Pradesh, rep. by its Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad.
3 The Engineer-in-Chief Panchayat Raj, Hyderabad.
.....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, order or direction especially one in the nature of a writ ofMandamus to call for the records connected with the Judgment in O.A.No.5441/2004dated 26.11.2004 and set aside the same by Judicially reviewing the same andconsequently direct the respondents to continue to give effect to the G.O.Rt.No.1448dt.22.9.2004 and pass such other and further order or orders.
Counsel for the Petitioner: MR.Y.VENKAT SASTRY
Counsel for the Respondent No.1: MR.M.RATNA REDDYCounsel for the Respondents No.2 and 3: GP FOR SERVICES-II.
ORAL ORDER:-(Per GB,J.)
The Writ Petition is filed challenging the order, dated 26.11.2004 passed by the A.P.Administrative Tribunal in O.A.No.5441 of 2004.
2. The first respondent filed the aforesaid O.A. challenging the order of transferissued in G.O.Rt.No.1448, dated 22.9.2004 posting him from the office of theEngineer-in-Chief (PR) Division, Hyderabad, to Guntur and in his place one M.A.Khadeer who is the writ petitioner was posted. The learned Tribunal afterconsidering the matter set aside the orders of transfer of B. Surender Reddy, the firstrespondent herein, and that order became final.
3. Consequent on the implementation of the order of the Tribunal, the petitioner hasto be restored back to the post of Executive Engineer, R.W.S. Division (PR),Hyderabad, but the apprehension of the petitioner is that he is likely to be posted tosome other place than the place where he was holding the same post.
4. We are afraid we cannot accept the contention raised by the learned counsel.
5. When once the transfer order of B. Surender Reddy, the first respondent herein, isset aside, his position under Engineer-in-Chief is to be restored. Therefore, thepetitioner will go back to the place where he was holding the post.
6. Clarifying this question, the writ Petition is disposed of. No costs.
Date: 30.12.2004
ES
__________________
G. BIKSHAPATHY, J.
_______________
P.S. NARAYANA, J.
To
1 The Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad.
2 The Engineer-in-Chief Panchayat Raj, Hyderabad.
3 2CCs to the G.P for Panchayat Raj and Rural Development, High Court Buildings,Hyderabad(O.U.T)
4 The Registrar, A.P.A.T., Hyderabad.
5 2CD copies