T.Vijaya Laxmi v. The District Collector And 3 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.13808 OF 2019 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking a Writ of Mandamus, declaring the impugned proceedings dated 30.05.2019 issued by the 1st respondent as arbitrary, illegal and consequently set aside the same holding that the petitioner is entitled to be continued as Village Revenue Officer at Motlagudem Village of Govindaraopet Mandal in Mulug District, with all consequential benefits. Heard learned counsel for the parties.

It has been contended by the petitioner that she is working as Village Revenue Officer at Motlagudem Village of Govindaraopet Mandal in Mulug District and she has been discharging her duties to the best satisfaction of her superiors and every one concerned. The petitioner further submits that she belongs to local Scheduled Tribe area and she was appointed in the Scheduled area. While she was discharging her duties as Village Revenue Officer at Motlagudem Village of Govindaraopet Mandal, the respondents have issued the impugned orders, dated 30.05.2019, transferring the petitioner to Laxmidevipeta Village of Venkatapur Mandal on administrative grounds. The petitioner is challenging the said transfer orders on the ground that her husband is working at Narlapur of Tadvai Mandal and she has been transferred to a far off place, therefore, she has submitted

AKS,J W.P.No.13808_2019 a representation to the respondents on 25.06.2019, but so far the respondents have not passed any orders on the said representation nor considered the case of the petitioner for posting her back to Motlagudem Village of Govindaraopet Mandal in Mulug District. Therefore, learned counsel for the petitioner submitted that appropriate orders be passed in the writ petition directing the respondents to consider the representation dated 25.06.2019 of the petitioner and pass appropriate orders in accordance with law.

Learned Government Pleader appearing for the respondents had submitted that since the villagers of Laxmidevipeta Village of Venkatapur Mandal are facing lot of inconvenience consequent upon not maintaining of the records properly, the petitioner was transferred to Laxmidevipeta Village on administrative grounds in order to resolve the grievance of the villagers of Laxmidevipeta Village. Learned Government further submits that the petitioner cannot challenge the administrative decision and transfer is an incidence of service; there are no merits and the writ petition is liable to be dismissed. However, learned Government Pleader submits that the case of the petitioner will be considered and appropriate orders would be passed on the representation submitted by the petitioner in accordance with the Rules.

This Court, having considered the rival submissions of learned counsel for the parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the

AKS,J W.P.No.13808_2019 representation dated 25.06.2019 of the petitioner and pass appropriate orders in accordance with the Rules, within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 15th July, 2019 v v