Shaik Moulali v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.45246 of 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying Writ Affidavit the petitioner pray that this Hon'ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring action of the first respondent in not sending the service record of the petitioner to third respondent as unreasonable, unjust and against Article 14 and 21 of the Constitution of India and consequently direct the first respondent to consider and pass orders on the letter issued in R.C.No.4733/E2/2017 dated 27-04-2018 issued by the third respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and render justice."

By way of the letter dated 27.04.2018 addressed to the Principal Secretary to the Government, Home Department, State of Telangana, the first respondent herein, the Director General, Telangana State Disaster Response and Fire Services, Hyderabad, the third respondent, sought issuance of necessary orders on the request of the petitioner, who was working as a Fireman at Fire Station, Sathupally, Khammam Division, and wanted to be transferred to the State of Andhra Pradesh on mutual basis vice one Encherla Nagaraju, a Fireman at the Fire Station, Tirumala, Chittoor District.

It appears that no action was taken on the said representation constraining the petitioner to approach this Court. It is distressing to note that the Principal Secretary to the Government, Home Department, State of Telangana, remained unmoved on the proposal submitted by no less than the Director General of the Telangana State Disaster Response and

Fire Services. It is not expected of an official to ignore the recommendation of another official of high standing or sleep over the same indefinitely.

The writ petition is accordingly disposed of directing the first respondent to forthwith consider the proposal submitted by the third respondent under his letter dated 27.04.2018 and take necessary action as warranted on facts and in law.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 13.12.2018 IBL