Lanke Vijaya Kumar v. The Union Of India,

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.44403 of 2016 Order: (per V.Ramasubramanian, J.) Aggrieved by the refusal of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad, to interfere with an order of transfer, the petitioner has come up with the above writ petition.

2. Heard Mr. K.V. Sudhakar Reddy, learned counsel for the petitioner and Mr. P.Bhaskar, learned Standing Counsel for the respondents 1 to 3.

3. The posting of the petitioner to Bacheli in the State of Chattisgarh, was upon his promotion to the post of Chief Loco Inspector. The petitioner cannot choose to retain the promotion and challenge the posting alone. Therefore, the Tribunal was right in rejecting the application.

4. The grievance of the petitioner is that his life was under threat from Naxalites. Therefore, in order to ensure that a person should not be exposed to the threat for life, we called upon the respondents to produce the representation. The representation sent by the petitioner's wife to the Divisional Railway Manager and to the General Manager makes only a passing reference to a threat allegedly posed by the Naxalites but the representation contains a lot of grievance against the neighbours who profess different religions as well as the persons belonging to other

communities who allegedly harassed the petitioner and his wife. In other words, the representation of the petitioner's wife was more on the neighbours and the colleagues of the petitioner than upon the Naxalites. Therefore, the refusal of the Tribunal to interfere with the posting of the petitioner to Bacheli is perfectly in order. We find no justification to interfere with the same. Hence, the writ petition is dismissed. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

__________________________ V.RAMASUBRAMANIAN, J.

______________________ G.SHYAM PRASAD, J.

27th December, 2016.

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HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.44403 of 2016 (per VRS, J.) 27th December, 2016.

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