IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25537 of 2008 Between: Mr. K. Srinivas Reddy, S/o. Late Korivi Kota Reddy, R/o. Quarter No. 10/Rly, Moulali Post, 1105 Railway Engineer Regiment (TA), Moulali, Hyderabad - 40. ..... PETITIONER AND 1 The Union of India, Rep by its Secretary, Ministry of Defense, New Delhi. 2 The Administrative Officer, 1105 Railway Engineer Regiment (TA), Moulali, Hyderabad - 40. 3 The Commanding Officer, 17 Engr. Regt. C/o. 56 APO 4 The Commanding Officer, Records MEG Bangalore - 42 5 PAO (OR), MEG & Centre, Bangalore - 42 .....RESPONDENTS 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 or order or direction more particularly one in the nature of Writ of Certiorari call for records and quash the movement order No. 124/OUT/PS/08 dated 14-11-2008 issued by the 2nd respondent as illegal, arbitrary a n d contrary to the Army order AO 25/2001/MP. Counsel for the Petitioner: MR.T.LAKSHMI NARAYANA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he is working as Spr/Masalchi in 1105 Railway Engineer Regiment (TA) Moula Ali Post, Hyderabad. Previously, he worked in 17 Engineer Regiment at Jammu and Kashmir and at his request, he was transferred and posted to Hyderabad and he joined duty on 23.09.2007. The grievance of the petitioner is that now by the impugned order, dated 14.11.2008, he is again transferred from Hyderabad to Firozpur even though he has not completed the minimum tenure period of two years, arbitrarily. Hence, he filed the present writ petition challenging the Movement Order dated 14.11.2008 passed by the second respondent-Administrative Officer, 1105 Railway Engineer Regiment (TA), transferring him from Hyderabad to Firozpur. Learned counsel for the petitioner submits that the army personnel are given one option in their entire service to opt for posting in ‘Extra Regimental Employment’ and once such an option is accepted, the employee would be entitled to continue in the place opted for a period of two to three years within or outside the regular army unless otherwise specified. Exercising such option, the petitioner requested for posting in the 2nd respondent office on the ground that his mother is aged 80 years and she is suffering from old age ailments. Considering such request, he was posted at the 2nd respondent office and, therefore, he is entitled to continue at that place for a minimum period of two years. When the matter came up for hearing, learned Standing Counsel for Central Government, on instructions, submits that the petitioner misbehaved with his senior officer and also taking into consideration of his absence from duty etc., the second respondent has passed the impugned order on administrative grounds. It is further submitted that the petitioner was already relieved from his duty. Learned counsel for the petitioner submits that if the petitioner is transferred in the middle of the academic year, the education of his children would be disturbed and that his family would suffer irreparable loss and, therefore he wants to make a representation to the authorities to consider his case, at least, to retain him till the end of this academic year. In view of the submission made by the learned Standing Counsel that the petitioner was already relieved from his duty, this Court cannot suspend the impugned order at this stage. However, having regard to the facts and circumstances of the case, the petitioner is permitted to make a representation within one week from today to the respondents to consider his request to retain him atleast, till the end of this academic year and if any such representation is made, the respondents shall consider the same and pass appropriate orders within a period of three weeks thereafter. The petitioner is also permitted to make a representation to the authorities seeking extension of time to join duty in the transferred place. On such representation being made, the respondents are directed to grant four weeks time to the petitioner to join duty in the transferred place. With the above directions, the Writ Petition is disposed of. No costs. _________________ N.V.RAMANA, J Date;25.11.2008. Note: Issue CC by tomorrow. (Bo) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}