B.Narayana v. The District Collector

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23243 of 2019 ORDER:

Heard Sri CH.Jagannatha Rao, learned counsel for the petitioner and the learned Government Pleader for Services-I. With the consent of both the parties, this writ petition is disposed of at the admission stage.

This writ petition is filed seeking the following relief :- "...............Writ Of Mandamus to directing the 1st respondent to transfer the petitioner to some other near by Mandal by protecting the petitioner from the harassment and victimisation made by the 2nd respondent for not honouring her illegal demands and for payment of his due salary for the months of August and September, 2019 with all consequential benefits, by holding the action of 1st respondent in not taking any action on the petitioner's representations dated 06.08.2019, 23.08.2019 and 07.10.2019 to transfer the petitioner to some other Mandal and for payment of his due salary is as illegal, arbitrary, discriminatory and subversive of Articles 14, 16 of the Constitution of India and pass such other order or orders ................."

It has been contended by the petitioner that he was initially appointed as Village Revenue Assistant. Thereafter, he was appointed by transfer as Village Revenue Officer during April 2007. The grievance of the petitioner is that the 2nd respondentTahsildar is harassing and victimising him and also stopped payment of salary since August, 2019. In those set of circumstances, petitioner submitted representations to the 1st respondent on 06.08.2019, 23.08.2019 and 07.10.2019 requesting to transfer him to some other Mandal so as to enable

him to discharge his duties. But so far the 1st respondent has not passed any orders on the said representations. Therefore, learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the 1st respondent to consider the representations of the petitioner dt.06.08.2019, 23.08.2019 and 07.10.2019 and pass appropriate orders in accordance with Rules.

Learned Government Pleader appearing for the respondents contends that the 1st respondent would consider the case of the petitioner and appropriate orders would be passed on the representations submitted by the petitioner in accordance with Rules.

This Court, having considered the rival submissions of the learned counsel appearing for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representations submitted by the petitioner on 06.08.2019, 23.08.2019 and 07.10.2019 and pass appropriate orders in accordance with the Rules within a period of four weeks from the date of receipt of a copy of this order. It is needless to say that the 1st respondent shall also consider the issue of payment of salary to the petitioner. 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: 24-10-2019 dv