K.Sunitha v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.6244 of 2019 ORDER:

This Writ Petition is disposed of at the admission stage with the consent of both the parties.

The petitioner is seeking a Writ of Mandamus declaring the action of the second respondent in issuing the impugned proceedings dated 26.02.2019, by which the petitioner was transferred and posted to Medak District on the ground that her services are required there, without touching nearly ten individuals who were appointed prior to the petitioner, as illegal, arbitrary and discriminatory and seeks a consequential direction to direct the respondents to continue the petitioner in the third respondent office on the same terms and conditions.

Heard Sri Y.Ashok Raj, learned counsel for the petitioner and Sri A.Jagan, learned Standing Counsel appearing for the second and third respondents.

It has been contended by the petitioner that she was appointed as a Data Entry Operator on outsourcing basis in Nalgonda District by the third respondent during October, 2015 and ever since she has been discharging her duties as outsourcing employee in Nalgonda District. The petitioner further submits that by the impugned order dated 26.02.2019, the services of the petitioner were transferred from Nalgonda District to Medak District. The petitioner contends that since she is working as an outsourcing employee, she cannot be subjected to Intra District Transfer and contends that appropriate orders be passed in the Writ Petition by setting aside the impugned transfer orders.

Learned Standing Counsel for the respondents submits that the case of the petitioner would be considered and the petitioner would be retained at Nalgonda District. Learned Standing Counsel further submits that let the petitioner submit a representation to that effect to the respondents and the respondents would consider the said representation and pass appropriate orders, in accordance with law. Having considered the rival submissions made by both the counsel, this Court is of the considered view that this Writ Petition can be disposed of directing the petitioner to submit a representation within one week from the date of receipt of a copy of this order requesting the respondents to continue her at Nalgonda District and the respondents shall consider the said representation and pass appropriate orders, in accordance with law in another four weeks thereafter. No order as to costs.

Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

________________________ ABHINAND KUMAR SHAVILI, J Date:28.03.2018.

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