IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2703 of 2008 Between: Brmulakonda Srinivasa rao S/o V. Subba Rao Raiwlay quater No. 41/1, Madira, Khammam District. ..... PETITIONER AND 1 The Chief Signal & Telecom Engineer/ M/SC, South Central Raiwalys, 7th Floor, Rail Nilayam, Secunderabad. 2 The Chief Personal Officer, South Central Railway 4th Floor Rail Nilayam, Secunderabad. 3 The Senior Divisional Signal & Telecom Engineer/M/Sc, Secunderabad Division South Central Railway, 3rd Floor Sanchalan Bhavan, Secunderabad, 4 The Senior Divisional Personal Officer/Sc., Secunderabad Division 5th Floor Sanchalan Bhavan, Secunderabad, 5 The Workshop Personal Officer, Wagon Workshop, Guntupalli, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of mandamus, decalringthe action of the respondents 1 to 4 in not relieving the petitioner from the duties of the post of JE Grade I (Signal) to enabling him to report to the office of the 5th respondnet as DMS Grade I in pursuance of letter dated 24-10-2007, as illegal, arbitrary, unjust, without jurisdiction, in Violation of Principles of natural justice and in Violation of Articles 14 and 21 ofthe Constitution of India and to pass such other order or orders as this Honourable Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:MR.V.PADMANABHA RAO Counsel for the Respondent : MR.B.H.R.CHOWDARY FOR RMAPP-1 The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2703 of 2008 ORDER: The petitioner is working as J.E.-Grade-I, in the Signaling Department of South Central Railways. The Railway Recruitment Board issued a notification, dated 08.02.2007, inviting applications for the post of Depot Material Superintendent (DMS) - Grade-I, in a superior scale of pay. The petitioner applied for the same through proper channel and was selected by the competent authority, on the basis of his performance in the written test and interview. His selection and appointment was intimated, through proceedings, dated 31.08.2007. Thereafter, he addressed a letter, dated 07.10.2007, to the 3rd respondent with a request to relieve him. The grievance of the petitioner is that the 3rd respondent has not issued any orders of relief and thereby, he is incapacitated from joining the post, to which he was selected and appointed. He seeks appropriate directions in this regard. The writ petition was adjourned on several occasions, to enable the learned Standing Counsel to obtain instructions. Today, the learned Standing Counsel has placed before this Court, a letter, dated 18.04.2008, issued by the Chief Personnel Officer, 2nd respondent herein, wherein it is indicated that the petitioner would be permitted to join the selected post i.e., DMS-Grade-I in Stores Department immediately, he will be subjected to training for a period of two months as against six months and thereafter, he would be taken on deputation in Signaling Department, till the staff strength position in that Department becomes satisfactory. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. As of now, the petitioner is working in the Signaling Department. He was selected and appointed as DMS in Grade-I by the competent authority. The respondents do not dispute these facts. The reason mentioned for not relieving the petitioner is that there is shortage of trained personnel in the Signaling Department, which is vital for running the trains, and that the services of the petitioner are very much essential. This Court had, in fact, made several observations during the course of hearing and ultimately, with a view to protect the interests of the petitioner, the 2nd respondent has issued a letter, dated 18.04.2008. As an extraordinary measure, the duration of the training of the petitioner for the post, against which he was appointed, was reduced. The petitioner cannot have any plausible objection, as to the course of action indicated in the letter, dated 18.04.2008. Hence, the writ petition is disposed of, directing the respondents to take necessary steps, as indicated in the letter, dated 18.04.2008. There shall be no order as to costs. _________ 24.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2703 of 2008 Date: 24.04.2008 JSU