M. Shanbagavalli v. M/S Bharat Heavy Electricals Limited,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

M. Shanbagavalli, W/o. T. Deivanayagam, Age: 44 years, Occ: Senior Manager (Internal Audit), Finance Department, BHEL, RC Puram, Hyderabad, R/o. Block 10, Flat 303, Rain Tree Park, Malaysian Township, Kukatpally, Hyderabad 500 085.

.. Petitioner AND M/s. Bharat Heavy Electricals Limited, Rep. by The Executive Director, HPEP, Ramachandrapuram, Hyderabad & 3 others .. Respondents The Court made the following:

ORDER:

The petitioner was transferred by proceedings, dated 09.07.2015, from Bharat Heavy Electricals Limited (for short, "BHEL"), HPEP Division, Hyderabad, to BHEL, TBG Division, Hyderabad. The said order of transfer is subject of challenge in W.P.No.30170 of 2015, which is pending consideration of this Court.

During the pendency of the said writ petition, by proceedings, dated 16.01.2016, the petitioner is relieved from the present place of posting since no stay is granted in the said writ petition. In this writ petition, the petitioner challenges the consequential order of relieving her from the duties in the existing place of posting.

2. The cause of action of the petitioner arises when the petitioner was transferred and the same is the subject matter of W.P.No.30170 of 2015. The relieving order does not give a fresh cause of action to come before this Court in an independent writ petition. At the most, it could have been brought on record by way of a petition bringing to the notice of the Court of the subsequent developments after the writ petition was filed. Therefore, the present writ petition is not maintainable and it is liable to be dismissed.

3. Accordingly, the Writ Petition is dismissed. However, the grievances of the petitioner, as agitated in the W.P.No.30170 of 2015 are not considered in this writ petition on merits and they are left open to be considered in the said writ petition. It is also open to the petitioner to file appropriate petition to bring on record the subsequent developments after filing of the writ petition. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.NAVEEN RAO, J Date: 27th January, 2016 KL

Date: 27th January, 2016 KL