M. Madhava Reddy v. Vice-Chairman and Managing Director, APSRTC, Hyderabad
2005-03-07
GHULAM MOHAMMED, J.CHELAMESWAR
body2005
DigiLaw.ai
J. CHELAMESWAR, J. ( 1 ) AGGRIEVED by the order dated 11 -2-2005 passed in W. P. No. 24531 of 2004, the unsuccessful petitioner therein, who is the appellant herein, preferred this appeal. ( 2 ) THE appellant is working with the respondent Corporation as Field Man in Civil engineering Department, H. R. Division, sangareddy, Medak District. By the impugned order in the writ petition, the appellant is sought to be transferred to nalgonda. Aggrieved by the same he preferred departmental appeal to the 2nd respondent. However, the 2nd respondent in his order dated 18-12-2004 confirmed the order of 3rd respondent, and therefore, the above mentioned writ petition came to be filed. The learned single Judge by the impugned order was pleased to dismiss the writ petition. ( 3 ) WE do not see any reason to interfere with the order under appeal. However, learned counsel for the appellant submitted that the appellant is having school going children and their examinations are scheduled to be held in the month of April, and therefore, he submitted that the case of the appellant may be considered by giving a direction to the respondents not to insist the appellant for taking charge at the place of transfer till the end of April, 2005. ( 4 ) LEARNED counsel for the respondent- corporation submitted that the administrative necessity of having the appellant at Nalgonda is pressing and therefore the request of the appellant may not be considered. ( 5 ) IN fact, earlier the appellant had approached this Court by way of filing w. P. No. 22167 of 2004, which was disposed of by this Court on 2-12-2004 directing the respondent Corporation to consider the representation of the appellant and take appropriate decision. In fact, the impugned order does not disclose what is the administrative exigency, which demands an immediate transfer of the appellant. ( 6 ) IN the above circumstances, we deem it appropriate to direct the respondent corporation not to give effect to the order of transfer till 30th April,2005. ( 7 ) WITH the above direction, the writ appeal is disposed of. There shall be no order as to costs.