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High Court for State of TelanganaWP/19109/2017dismissed

G.Srinivasa Rao, S/O. Panduranga Rao, v. Union Of India,

2017-06-145 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] WEDNESDAY THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND SVENTEEN PRESENT HONOURABLE SRI JUSTICE SURESH KUMAR KAIT AND HONOURABLE DR.JUSTICE SHAMEEM AKTHER WRIT PETITION No. 19109 OF 2017 Between:

G. Srinivasa Rao ...

Petitioners V/s.

Union of India, Represented by the Foreign Secretary, Ministry of External Affairs, South Block, New Delhi & Ors.

...

Respondents Counsel for the Petitioner :

Sri K.R.K.V. Prasad Counsel for the Respondent :

Sri B.Narayana Reddy Asst. Solicitor General The court made the following:

:

[order follows]

HON'BLE SRI JUSTICE SURESH KUMAR KAIT A N D HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 19109 OF 2017 O R D E R : ( Oral, Per the Hon'ble Sri Justice Suresh Kumar Kait ) This writ petition is filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of Certiorari by calling for the order dated 06/6/2017 passed in O.A.No. 021/00350 of 2016 by the Central Administrative Tribunal, Hyderabad and Establishment Order No. HYD-19[18]AD/93, dated 04/04/2016 and the Transfer Order No.V.IV/578/103/93, dated 31/3/2016 and to declare the action of the respondents in transferring the petitioner outside Zone "A" to Dehradun in Zone "B" as illegal, arbitrary, nonest in the eye of law and quash the Transfer Order dated 31/3/2016 along with the Establishment Order No. HYD-19[18]AD/93, dated 04/04/2016 and the order of Tribunal dated 06/6/2017 and to direct the respondents to continue the petitioner in the jurisdiction of the Regional Passport Office,

Hyderabad by granting all consequential benefits on par with his juniors and to pass such other suitable order as this Court may deem fit and proper in the facts and circumstances of the case.

2. Heard Sri K.R.K.V. Prasad, learned counsel appearing on behalf of the petitioner at length and Sri B. Narayana Reddy, learned Assistant Solicitor General, representing the respondents.

3. After arguing the matter at length, learned counsel appearing for the petitioner seeks some more time to join at his new station Dehradun, where he was already transferred in March, 2016. As stated by the counsel for the petitioner, the petitioner had to join on Monday i.e., 19/6/2017. Therefore, five complete days are still remained to join at his new station Dehradun. In our considered opinion, the petitioner has sufficient time to join, therefore, we decline to concede the request of the petitioner, as he was transferred in March, 2016 in public interest and sufficiently availed one year after his transfer.

4. Accordingly, we do not see any merit and this writ petition is dismissed at the threshold. No order as to costs.

5. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

____________________________ JUSTICE SURESH KUMAR KAIT _____________________________ Dr. JUSTICE SHAMEEM AKTHER 1 4-0 6-2 0 1 7 I s L

HON'BLE SRI JUSTICE SURESH KUMAR KAIT A N D HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 19109 OF 2017 (Order of the Division Bench delivered by Hon'ble Sri Justice Suresh Kumar Kait) Date. 14-06-2017 Court Master: I s L Computer No. 43 Circulation No.