IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY NINETH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.9687 of 2010 Between: Pondugula Prabhakar Rao. … Petitioner And South Central Railways, reptd., by its Divisional Railway Manager, Rail Vikas Bhavan, Pattabhipuram, Guntur, Guntur District and another. … Respondents Counsel for the petitioner: Sri V.Padmanabha Rao. Counsel for the respondents: Sri P.Gangarami Reddy. This Court made the following: ORDER:- In this Writ Petition, the short grievance of the petitioner is that without terminating his agency as Halt Agent for Pedakakani, the respondents have issued Notification, dated 9-2-2010, for appointment of a new Halt Agent. Sri P.Gangarami Reddy, learned Standing Counsel for the respondents, on instructions, submitted that under the agreement entered into with the petitioner by the respondents the Halt Agency of the petitioner is liable to be terminated by giving one month’s notice and such a notice has not so far been issued. He has, however, submitted that as the process of appointment of a new Halt Agent is time consuming, the impugned notification was issued with an idea to issue a termination notice to the petitioner before the new agent takes over in pursuance of the notification. The learned Standing Counsel further stated that this procedure is chosen to be followed by the respondents to see that there will be no void created on account of termination of agency of the petitioner before the new agent takes over. A perusal of the agreement shows that the agency is terminable by giving one month’s notice. In view of the same, the petitioner is entitled to such a notice and till a notice in the manner prescribed under the agreement is issued, the petitioner cannot be removed from the agency. In this view of the matter, the Writ Petition is disposed of by directing the respondents to continue the petitioner as Halt Agent till a notice of termination, in accordance with the agreement, is given and the notice period expires. -------------------------------- ---- C.V.NAGARJUNA REDDY,J Date:29-4-2010 MNR