D. Upender, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.40421 of 2017 ORDER:

The petitioner states that he is working as Senior Assistant in RFWC, Sulahnagar, whereas his wife is working as MPHA(F) at RFWC, Vira of Khammam District. The Government issued G.O.Ms.No.182, GA (SPF-MC) Department, dated 21.05.2016, providing for consideration of the cases of spouse transfer. But, the petitioner did not avail that opportunity. When he came to know that certain promotions are going to be effected by the third respondent by considering the cases of nearly 35 candidates for promotion as Senior Assistants, apprehending that there would not be any vacancy in the place of his choice, he submitted a representation on 22.11.2017 and the same was forwarded by the Medical Officer, Sulahnagar, to the fourth respondent on the same day. Now the present Writ Petition is filed to consider his case for transfer on spouse ground as well as not to fill up the existing vacancies in the Senior Assistant posts pursuant to the proceedings dated 23.11.2017 until his case is considered.

The general consideration of the cases of promotion cannot be stalled merely because the petitioner submitted a representation for transfer on spouse ground to the place where his wife is working. It is for the competent authority to consider the representation of the petitioner dated 22.11.2017, which

was already forwarded by the Medical Officer to the fourth respondent on the same day.

In the circumstances, the Writ Petition is disposed of directing the fourth respondent to consider the case of the petitioner for transfer on spouse ground in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 29.11.2017 vs