B.Venkateswara Rao Visakhapatnam v. Min Of Defence New Delhi And 7 Others

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.6990 of 2016 04.03.2016 Between:

B.Venkateswara Rao ..Petitioner And Union of India, represented by its Secretary, Ministry of Defence, New Delhi and others ..Respondents Counsel for the petitioner: Mr.S.Syam Sunder Rao Counsel for respondent Nos.1 to 6: Mr.B.Narayana Reddy Assistant Solicitor General Counsel for respondent Nos.7 and 8: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy)

The order, dated 22.02.2016, in O.A.No.1424 of 2015, on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, (for short 'the Tribunal'), whereby, while disposing of the said O.A, the Tribunal declined to interfere with the petitioner's transfer from Visakhapatnam to Kolkata, is questioned in this writ petition.

2. In para 6 of his affidavit filed in support of this writ petition, the petitioner has stated that he undertakes to move from Visakhapatnam to Kolkata after performing his elder daughter's wedding, which is scheduled to be performed in April/May, 2016. When this writ petition came up on 03.03.2016, the learned counsel representing Mr.B.Narayana Reddy, learned Assistant Solicitor General appearing for respondents Nos.1 to 6, requested for a day's adjournment for obtaining instructions in this regard.

3. Today, at the hearing, Mr.S.Syam Sunder Rao, learned counsel for the petitioner, has submitted that his client is willing to join duty at the transferred place at Kolkata on 01.05.2016. Mr.B.Narayana Reddy, learned Assistant Solicitor General, appearing for respondent Nos.1 to 6, has fairly submitted that the undertaking of the petitioner may be recorded and he may be permitted to report to duty at the transferred place at Koklata on or before 01.05.2016.

4. Accordingly, the petitioner is permitted to continue at the present place and to report to duty at the transferred place at Kolkata on or before 01.05.2016.

5. Subject to the permission given to the petitioner as above, the Writ Petition is disposed of.

6. As a sequel to disposal of the writ petition, W.P.M.P.No.8909 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J ______________________________ M.SEETHARAMA MURTI, J 04th March, 2016 GHN