Mukka Ravinder v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.914 of 2019 ORDER:

This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in issuing Memo dated 11.01.2019 for allotment of Assistant Linemen of combined operation division, Jagtiyal, to the new and residuary operation division on 16.01.2019 by violating N.O.O.(CGM-HRD)Ms.No.145, dated 13.07.2018 and without following guidelines of seniority list vide Memo dated 09.03.2018, as illegal, arbitrary and voilative of principles of natural justice.

Heard Mr.K.Buchi Babu, learned counsel appearing for petitioners and Mr.Zakir Ali Danish, learned Standing Counsel for respondents 2 to 4.

It has been contended by the petitioners that they originally belong to Huzurabad Mandal of erstwhile Karimnagar District and they are working as Assistant Linemen in Jagityal Division of Karimnagar District. The petitioners further contended that the operation division of the respondents has been changed consequent upon creation of new Districts and Huzurabad Division has been made as part and parcel of Karimnagar District carving out a separate Jagityal District. The petitioners have submitted a representation to the respondents on 05.09.2018 requesting to transfer from Jagityal Division to Huzurabad Division, but the respondents have not passed any orders on the said representation. Learned Standing Counsel appearing for respondents has contended that the petitioners have not exercised option for

allotment to Huzurabad Division of Karimnagar District and since the petitioners have not submitted option seeking allotment to Huzurabad Division, their cases cannot be considered and moreover consequent upon allotment to Metpally, the petitioners have been relieved from Jagityal Division and at this point of time, the cases of the petitioners cannot be considered for transfer from Jagityal District to Huzurabad Division. Therefore, there are no merits in the writ petition and the same is liable to be dismissed. This Court, having considered the rival submissions, is of the considered view that if there are any vacancies, even after allotment based upon options, the cases of the petitioners can be considered.

Therefore, the writ petition is disposed of directing the respondents to consider the representation submitted by the petitioners on 05.09.2018 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J 22-01-2019 Prv