IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Ramesh Ranganathan, M. Satyanarayana Murthy, JJ.
Venkateswarlu Gadde - Appellant
Vs.
Union of India and Ors. - Respondents
Writ Petition No. 8502 of 2015
Decided On: 17.04.2015
Constitution of India- Article 226- Office Memorandum - Proceeding under challenge before the Tribunal was the office memorandum dated 07.11.2014 whereby the Administrative Officer of the National Geophysical Research Institute, Hyderabad (NGRI) informed the petitioner that the Joint Secretary (Administration) of the Council for Scientific and Industrial Research (CSIR) had approved his transfer from NGRI to the Central Institute of Medicinal & Aromatic Plants Research Centre (CIMAP) at Hyderabad in the same capacity; and the Acting Director, NGRI had accorded approval for the petitioner being relieved from NGRI with effect from 07.11.2014 to enable him to join CIMAP-Held- Sri M. Srikanth, Learned Counsel for the respondent, would submit that the petitioner being relieved from NGRI, even before the transfer order was served on him, was not a deliberate act but was merely by oversight. Even if this disconcerting event was occasioned by a bonafide error, the respondent shall identify the person responsible for such a lapse, and take suitable action against him. That, however, does not mean that the petitioner should be retained at NGRI when his services are required at CIMAP. We find no justification for the exercise of the extra-ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, to interdict the order of transfer. Subject to the petitioner, being treated as having continued in the services of NGRI till 11.11.2014, the Writ Petition fails and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall also stand dismissed. No costs- Petition Dismissed.
Ramesh Ranganathan, J.
1. The order, under challenge in this Writ Petition, was passed by the Central Administrative Tribunal, Hyderabad bench ("Tribunal" for short) in O.A. No. 021/01306/2014/2014 dated 10.03.2015 dismissing the O.A. filed by the petitioner. The proceeding under challenge before the Tribunal was the office memorandum dated 07.11.2014 whereby the Administrative Officer of the National Geophysical Research Institute, Hyderabad (NGRI) informed the petitioner that the Joint Secretary (Administration) of the Council for Scientific and Industrial Research (CSIR) had approved his transfer from NGRI to the Central Institute of Medicinal & Aromatic Plants Research Centre (CIMAP) at Hyderabad in the same capacity; and the Acting Director, NGRI had accorded approval for the petitioner being relieved from NGRI with effect from 07.11.2014 to enable him to join CIMAP. The petitioner was informed that, as the transfer was in public interest, he would be entitled for joining time etc. Facts, to the extent necessary, are that the petitioner was initially appointed by the CSIR as Assistant Grade-I, and was posted at the National Environment Engineering Research Institute (NEERI) at Nagpur. He joined thereat on 15.03.1999. On completion of four years of service he was transferred, at his request in the year 2003, and was posted at NGRI Hyderabad. The petitioner appeared for selection to the post of Section Officer (G) and, on his passing the examination, was selected and appointed as a Section Officer. The petitioner claims to have sought for his retention at Hyderabad, but was posted as Section Officer (G) at the Structural Engineering Research Centre (SERC), Chennai. The petitioner joined SERC on 11.02.2005. He was transferred thereafter to the Central Electrochemical Research Institute (CECRI) Karaikudi, in the State of Tamilnadu, on 29.12.2006. Questioning the order of transfer, he filed O.A. No. 112 of 2007 before the Central Administrative Tribunal, Madras Bench. The CAT, Madras bench passed an interim order directing the respondents to consider the petitioner's representation for his retention at Chennai. After considering his representation the respondents, by letter dated 15.03.2007, modified the earlier transfer order and retained the petitioner at SERC, Chennai. The CAT, Chennai, by order dated 26.03.2007, closed the O.A. as infructuous.
2. The petitioner was, thereafter, transferred to the Indian Institute of Chemical Technology (IICT), Hyderabad on 07.07.2010, and was relieved on 05.08.2010 to enable him to join duty thereat. When he reported at the IICT, Hyderabad on 06.08.2010, the petitioner was informed that he was transferred to the Centre for Cellular & Molecular Biology (CCMB), Hyderabad. The petitioner joined at CCMB, Hyderabad on 06.08.2010. On the ground that Sri Anantarao, who was promoted and posted at NGRI, did not join thereat, the petitioner was transferred to NGRI, Hyderabad on 03.01.2012. The petitioner filed O.A. No. 68 of 2012 before CAT, Hyderabad bench questioning his transfer to NGRI. The said O.A. was dismissed by CAT, Hyderabad bench which, in its order dated 23.01.2012, observed that the petitioner's grievance was regarding his transfer to a place half a kilometre from his present place of work; and the O.A. as filed was atrocious and without merit. The petitioner joined duty at NGRI on 23.01.2012.
3. Thereafter, by the impugned proceedings dated 07.11.2014, the petitioner was transferred to CIMAP at Hyderabad, located at a distance of less than two kilometres from NGRI. Aggrieved thereby, the petitioner filed the present O.A. and the Tribunal, by its order dated 11.11.2014, initially directed the respondents to maintain status quo. On the ground that he was already relieved, and the order of the Tribunal did not allow him to function at NGRI, the respondent did not permit the petitioner to join duty at NGRI. The petitioner filed C.C. No. 171 of 2014 alleging violation of the order of sta
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