A.Sudhakar v. The Commissioner And Director Of Municipal Administration, And 4 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17655 of 2019 ORDER:

Heard Sri P.V.Ramana, learned counsel for the petitioner, learned Government Pleader for Municipal Administration on behalf of respondents 1, 4 and 5 and learned Standing counsel for respondents 2 and 3. With the consent of learned counsel for the respective parties, this Writ Petition is disposed of at the admission stage. This writ petition is filed seeking the following relief :- ".............Mandamus declaring the action of the respondents in shifting the petitioner on working arrangement basis to Ramagundam Municipal Corporation vide proceedings Rc.No.215/8/2019-K1 dated 28.06.2019 inspite of ban is continuing and in not considering the representation of the petitioner dated 14.07.

2019 as illegal and arbitrary and violates Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioner either at Khammam Municipal Corporation or any other in Khammam and to pass such other order............" It has been contended by the petitioner that he was working as Senior Assistant at Khammam Municipality. While working so, he was transferred to Ramagundam Municipal Corporation on working arrangement basis vide proceedings dated 28.06.2019. The petitioner further contends that the action of the respondents in transferring him to Ramagudam Municipal Corporation, when there is a ban on transfers, is illegal and arbitrary.

that he had submitted a representation on 14.07.2019 requesting the respondents to transfer him to any of the nearer places in Khammam as he has to look after his old aged mother, his daughter who is suffering with Psychic problem and wife who is working as a Teacher. But so far, the respondents have not passed any orders on the said representation either rejecting or considering his case for transfer.

Therefore, learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 14.07.2019 and pass appropriate orders.

Learned Government Pleader as well as the learned Standing counsel appearing for the respondents contend that the representation dated 14.07.2019 submitted by the petitioner would be considered and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 14.07.2019 and pass appropriate orders in accordance with law within a period of eight 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.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 19-08-2019 dv