B.R.Hemalatha v. The District Educational Officer

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.3706 of 2019 ORDER :

This writ petition is filed challenging the action of the respondents in transferring the petitioner to a far place and in not disposing of the appeal preferred by the petitioner on 22.07.2018 by respondent No.5, as arbitrary and illegal. The petitioner was appointed as a Secondary Grade Teacher in the year 1998. As she has completed 8 years of service at Kamanpur Mandal of Peddapally District, she has to be compulsorily transferred. Though the petitioner has opted for some places of her choice in the Transfer Counselling, because of the computer mistake, the case of the petitioner could not be considered to the preferred places of transfer. In those circumstances, the petitioner has preferred an appeal on 22.07.2018 before respondent No.5. The grievance of the petitioner is that though respondent No.5 is supposed to dispose of the appeal by passing appropriate orders within a reasonable period of time, so far respondent No.5 has not passed any orders on the appeal preferred by the petitioner. Aggrieved by the same, the petitioner has filed the present writ petition.

Heard Sri CH. Jagannatha Rao, learned counsel for the petitioner and the learned Government Pleader for Services appearing for the respondents.

Learned counsel for the petitioner submits that the respondents have not passed any orders on the appeal preferred by the petitioner on 22.07.2018 nor considered the case of the petitioner for transfer to any one of the places preferred by her. The learned counsel, therefore, contends that appropriate orders be passed in the writ petition directing respondent No.5 to consider the appeal preferred by the petitioner on 22.07.2018 and pass appropriate orders in accordance with law. On the other hand, the learned Government Pleader for Services contends that the appeal preferred by the petitioner will be considered and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing respondent No.5 to consider the appeal preferred by the petitioner on 22.07.2018 and pass appropriate orders in accordance with law, if not already passed, within a period of two (2) weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI 22.02.2019.

Msr

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.3706 of 2019 22.02.2019 Msr