IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18539 of 2008 Between: Zaheer Hussain Khan, S/o Kursheed Hasan, O/o. R.T.A. Ranga Reddy District. ..... PETITIONER AND 1 The Govt. of A.P., Rep by its Secretary, TR & B Secretariat, Hyderabad. 2 The Commissioner of Transport, Hyderabad, Hyderabad District. 3 The Deputy Commissioner of Transport, Hq. Attapur, Ranga Reddy 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 to issue a writ, directions or order more particularly one in the nature of Writ of Mandamus to call for the records relating to impugned order in OA N. 6900 of 2008 dated 22-8-2008 on the file of the AP Administrative Tribunal and impugned orders vide GO Ms.No. 1178 Transport, Roads & Buildings (SER-IV) Department dated 02-8-2008 issued by the 1st Respondent, Memo No. 11369/C2/2006 dated 08-1-2008 issued by the 2nd respondent and Proc. No. 4371/B2/RRD/2008 dated 14-8- 2008 issued by the 3rd respondent and declare impugned orders as illegal, arbitrary and without any legal basis more so violative of the Presidential Order apart being violative of Article 19 (1) of the constitution of India, and consequently quash the set aside the same by declarein the selection and appointment of the applicant to vacancies of Hyderabad Range Zone-VII is valid in law Counsel for the Petitioner: MR.J.RAMACHANDRA RAO Counsel for the Respondent No.: GP FOR SERVICES-II The Court made the following : W.P.NO. 18539 OF 2008 ORDER: (Per Ghulam Mohammed, J) This writ petition is ﬁled seeking a Mandamus to call for the records relating to the order in O.A.No.6900 of 2008 dated 22.08.2008 on the ﬁle of the A.P. Administrative Tribunal and orders vide G.O.Ms.No.1178, Transport, Roads & Buildings (SER-IV) Department dt. 02.08.2008 issued by the 1st respondent, Memo No.11369/C2/2006 dated 08.01.2008 issued by the 2nd respondent and proceedings No.4371/B2/RRD/2008 dated 14.08.2008 issued by the 3rd respondent and declare impugned orders as illegal, arbitrary and violative of the Presidential Order, and consequently quash the same by declaring the selection and appointment of the applicant to vacancies of Hyderabad Range Zone-VII is valid in law. The petitioner was appointed as a watchman in Transport Department on compassionate ground on 16.6.1998 and his services were regularized on 4.7.1997. He had been working in Ranga Reddy district at Attapur head quarters as a watchman ever since his initial appointment. The main grievance of the writ petitioner is that he was originally appointed in Ranga Reddy district and the unit of his appointment is Ranga Reddy district and as such, he ought not to have been transferred to some other place. The Tribunal did not dispose of the matter ﬁnally. It has merely admitted the OA and issued notice to the respondents returnable in four weeks and declined to suspend the orders impugned before it by observing that “in several similar cases of individuals of Ranga Reddy District, transfers from the posts which are in the surrounding areas of Hydrabad city also forming part of the Grater Hyderabad Municipal Corporation, have come up for consideration and a consistent view has been taken that there is no balance of convenience in suspending the impugned orders in such cases, since no hardship is caused by posting from a place like Attapur which is practically within the Greater Hyderabad Municipal Corporation to another post in the city of Hyderabad, though technically they belong to diﬀerent units of appointment.” Prima facie, we are of the opinion that the writ petitioner was appointed and his services were regularized in Ranga Reddy District, which was his unit of appointment. Thus substantial question arises for consideration. We, therefore, suspend the orders impugned in the OA before the Tribunal and direct the Tribunal to dispose of the OA within six months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. ______________________________ JUSTICE GHULAM MOHAMMED _____________________ JUSTICE C.V.RAMULU Dt.26.8.2008 NB: Operative Portion of the order by wire at party’s costs. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, TR & B Secretariat, Hyderabad. 2 The Commissioner of Transport, Hyderabad, Hyderabad District. 3 The Deputy Commissioner of Transport, Hq. Attapur, Ranga Reddy District. 4. 2 CCs to GP for Services-II 5. 2 CD copies Form-NIC-OGS/WP{RLD}