WP/23931/2004 of S. Majulavani, Vs The Chief Executive Officer Zilla Parishad, on 30 December 2004

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 : 23931 of 2004

Between:

S. Manjulavani, W/o B.V. Satyanarayana,Mandal Parishad, Bheemunipatnam, Visakhapatnam District.

..... PETITIONER

AND

1 The Chief Executive Officer, Zilla Parishad, Visakhapatnam.

2 The Commissioner of Panchayat Raj and Rural Employment, Himayatnagar, Hyderabad.

3 State of A.P. rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department,Secretariat, A.P. Hyderabad.

4 Smt. R.M. Glads,

occ: M.P.D.O., Bheemunipatnam, Visakhapatnam District.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the HighCourt will be pleased to issue a writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to the orderof the Hon'ble A.P. Administrative Tribunal dt. 14-12-2004 in O.A.No.6578 of 2004 and quash the same by declaring the same as illegal,bad, arbitrary and contrary to the rules and further declare theproceedings Rc.No. 3469/2004 A3 dated 1-12-2004 as illegal, bad,arbitrary and violative of statutory rules and further direct therespondents to continue the petitioner as Mandal ParishadDevelopment Officer, Bheemunipatnam, Visakhapatnam and to passsuch other order or orders Counsel for the Petitioner:MR.J.R.MANOHAR RAO

Counsel for the Respondent Nos: Government Pleader for Services-II

The Court made the following :

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

The Writ Petition is filed assailing the order passed by the A.P.Administrative Tribunal in O.A.No.6578/2004 dated 14-12-2004.

The petitioner challenged the proceedings in Rc.No.3469/2004/A3,dated 1-12-2004 issued by the 1[st] respondent posting the 4[th]respondent as Mandal Parishad Development Officer,Bheemunipatnam. It is the case of the petitioner that she was postedas M.P.D.O., Bheemunipatnam at her request as her husband wasworking at a nearby place. It is further the case of the petitioner thatwhile working as Mandal Parishad Development Officer,Bheemunipatnam, she went on medical leave for a period of fourweeks from 24-11-2004 on the ground that she was suffering fromback pain. She was sanctioned the said leave and theSuperintendent of Mandal Parishad was kept in full additional charge of the post. However, as the petitioner recovered within a week’stime, she submitted her joining report on 1-12-2004 cancelling theunexpired portion of the medical leave. Consequently, the 1[st]respondent issued the impugned proceedings dated 1-12-2004 inRc.No.3469/2004/A3 posting the 4[th] respondent in the place of thepetitioner. The petitioner submitted that the impugned proceedingsare contrary to the statutory Rules relating to transfer of MandalParishad Development Officers issued in G.O.Ms.No.45, dated 5-2-2000. It is also stated that it is only in case of employees who go onleave for more than 60 days they are liable to be transferred but notthe employees who avail leave for less than 60 days. It is submittedthat the Tribunal did not consider this aspect and erroneouslydismissed the O.A. by the order dated 14-12-2004. Hence thepresent Writ Petition is filed challenging the said order of the Tribunal.The learned Counsel for the petitioner submits that the husband ofthe petitioner is also working as Mandal Parishad DevelopmentOfficer at Chodavaram. Keeping that fact in view, the petitioner wasposted at Bheemunipatnam and therefore the petitioner is entitled tobe continued at Bheemunipatnam only.

We are unable to accept the contention of the learned Counsel forthe petitioner. Since the petitioner initially went on leave from 24-11-2004 for a period of four weeks, alternate arrangements were made

Conclusion

and the 4[th] respondent was posted as M.P.D.O. at Bheemunipatnamwhere the petitioner was working before proceeding on medicalleave. But however we find that the posting order to the petitioner wasnot given when she submitted joining report on 1-12-2004 on returnfrom leave.

Therefore, we are inclined to dispose of the Writ Petitiondirecting the respondents to issue posting order to the petitionerposting her at the appropriate place keeping in view the fact that herhusband is also working as Mandal Parishad Development Officer atChodavaram. This exercise shall be completed by the respondentswithin a period of three weeks from the date of receipt of this order.No order as to costs.

____________________

Justice G.Bikshapathy

____________________

Justice P.S.NarayanaDate : 30-12-2004

Note :

Furnish copy in 3 days.

AM

ASSISTANT REGISTRAR

To

1 The Chief Executive Officer, Zilla Parishad, Visakhapatnam.

2 The Commissioner of Panchayat Raj and Rural Employment, Himayatnagar, Hyderabad.

3 Principal Secretary to Government,

Panchayat Raj and Rural Development Department,Secretariat, State of A.P., Hyderabad.

4. 2 C.Cs. to Government Pleader for Services-II, High Court of A.P.

High Court buildings,

Hyderabad.

5. 2 C.D. Copies