THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE G. CHANDRAIAH W.P.No.19935 of 2011 ORDER: (Per Sri G.M,J) 1 Assailing the legality and validity of the order dated 01.04.2011 passed by the Central Administrative Tribunal at Hyderabad in O.A.No.216 of 2011 this Writ Petition has been filed. 2 The facts, in brief, are that the petitioner herein had instituted the said O.A.No.216 of 2011 before the Tribunal below contending that she is working in Railway department since 1981 and worked at several places under the control of the respondents Loco Shed, Nandalur. She further submits that she has been subjected to mental harassment by one Sri K. Dhilli Babu, SLI/NRE by way of allotting night duties and sending false reports against her because of which she fell sick and is undergoing treatment in Railway Hospital, Guntakal and various private hospitals and that she is under sick leave. She further submits that she was implicated in a false criminal case by her superior officer Sri K.Dhilli Babu. She informed to the 2nd and 4th respondents about the mental harassment and injustice meted to her since 2003 onwards from her superiors. It is further submitted that while the petitioner was on sick and admitted in Railway hospital, Secunderabad, again the said Dhilli Babu along with some other SLI’s and JLI’s pressurised the 2nd and 4th respondents through local MLA to initiate disciplinary proceedings against the petitioner and consequently a charge sheet was issued to her on 11.08.2009. It is further submitted that while the petitioner was under treatment at Gunthakal Railway Hopsital, a P.C. Message dated 08.10.2009 was sent to her stating that she was transferred to Gooty. But, again she was transferred to Kadapa RCD (HX) vide letter No.G/P535/Mech.HC, Dt:25.03.2010 of the 3rd respondent. She further submits that at Guntakal the petitioner has to climb each tanker with the help of ladders and see the drip. In Kadapa, the heavy diesel kept in the oil tankers are being stolen repeatedly by thieves and it is also reported in the newspapers, but no action is being taken by the authorities. Now the petitioner apprehends that she will become a scapegoat so as to be implicated in any departmental enquiry, if she is transferred to Kadapa. Several others who were transferred to Kadapa before her, have not joined there and that she being a lady cannot work there. She further submits that the post at Guntakal and Nandalur where she worked previously are still kept vacant and transferring her to Kadapa is arbitrary and the same was done without keeping in view the medical ailments with which the petitioner has been suffering. Hence she filed the said O.A. before the Tribunal below challenging her transfer order. 3 The Tribunal below observing that the grounds set out by the petitioner in her O.A. are not sufficient for it to interfere with the order of transfer of the petitioner to Kadapa, held that the petitioner can make representation to the authorities with all the reasons requesting them for posing elsewhere after joining the post. 4 The learned counsel for the petitioner submitted that since the petitioner is a lady she cannot work at Kadapa and that no body is interested to work at Kadapa for the reason that the oil tankers are being stolen repeatedly and that the petitioner is a sick woman and she cannot perform duties at Kadapa. 5 On the other hand the learned counsel for the respondents contended that the earlier transfer order of the petitioner dated 08.10.2009 was considered and modified by taking into consideration the representations made by the petitioner herself dated 03.11.2009, 07.12.2009, 18.12.2009 and 02.01.2010 and in view of the same only she was transferred to Kadapa by the impugned order dated 25.03.2010 instead of Goty. 6 The impugned transfer order reads as under: “SOUTH CENTRAL RAILWAY Divisional Office, Personnel Branch, Guntakal, No.G/P535/III Mech/HC Dt:25.03.2010 G.O.No.141/Mech/2010 Sub: Transfer of Mechanical Ministerial Staff. Ref: This office G.O.No.660/Mech/09, dt:08.10.2009. -o0o- Further to this office letter cited above Smt. A.Negeswaramma, HC/SLI/O/NRE in pay band Rs.9300-34800 who was under orders of transfer to SLI/O/GY is now posted to RCD/HX on same pay and grade against higher grade vacancy on administrative grounds. She is eligible for all benefits on transfer account. If she is in occupation of Rly. Qtrs she should vacate the same. The date of effecting changes should be advice to all concerned. This issue with the approval of competent authority. Sr.DPO/GTL” 7 Of course, it is the contention of the petitioner that she has applied for sick leave and she has not been relieved. But, as seen from the order of transfer the petitioner was transferred to Kadapa against higher grade vacancy on administrative grounds. 8 In the circumstances of the case, we are not inclined to interfere with the transfer order of the petitioner. However, we deem it appropriate to permit the petitioner to make a representation to the authorities concerned by ventilating her grievance and the authorities shall consider the same and pass appropriate orders within a period of two weeks thereafter. 9 The Writ Petition is accordingly dismissed. No order as to costs. ------------------------------ GHULAM MOHAMMED, J Date:28.07.2011 ---------------------- G. CHANDRAIAH, J Kvsn