IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20216 of 1999 Between: P.Rama Rao son of Adinarayana Murthy Kondukuduru Bo A/W Muktheswaram SD East Godavari Dist ..... PETITIONER AND 1 The Superintendent of police Officer Amalapuram 2 S.Venkataramayya Superintendent of post Offices Amalapuram 3 The Sub-divisional Inspector (Posts) Kodthapeta, East Godavari Dist 4 N.Subba Rao sub-Divisional Inspector Posts Kothapet, East Godavari Dist 5 Union of India The Chief Post Master General Andhra Pradesh Circle Dak Sadan, Hyderabad 6 R.T.V. Ramana son of Subba Rao Kondukuduru Village East Godavari Dist 7 The Registrar Central Administrative Tribunal Hyderabad .....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 writ order or direction more particularly one in the nature of Writ of 'Certiorari' calling for the records relating to the order dt. 16/09/1999 passed in O.A.No.1478/98 by the Central Administrative Tribunal, Hyderabad bench, and set aside the same by holding it as unjust and without any basis and contrary to rules and further direct the respondents to continue the Petitioner in the same place i.e., as EDBPM Kondukuduru. Counsel for the Petitioner:MR.D.RAMAKRISHNA Counsel for the Respondent No.: MR.K.MANIK PRABHU The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.20216 of 1999 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This petition is filed seeking a writ of certiorari to set aside the order dated 16-9-1999 passed in O.A.No.1478 of 1998 on the file of Central Administrative Tribunal, Hyderabad. 2. In spite of service of notice, respondent No.6 did not engage a counsel nor is he present today in the Court. Respondent No.6 filed O.A. questioning the transfer order of the petitioner and the same was allowed and the impugned order passed by the official respondents was set aside. 3. Learned counsel for the petitioner states that the petitioner is originally appointed as Branch Postmaster, Kamini A/W, Mummidivaram on regular basis by Senior Superintendent of Post Offices, Rajahmundry and since then, he has been working. Learned counsel submits that the petitioner made an application requesting for transfer as EDBPM in the vacant post in Kondukuduru, which was acceded to and the transfer was effected in the month of January, 1998. 4. Learned counsel for the petitioner contended that respondent No.6 has never applied for the post in which the petitioner was working and the transfer order was implemented, but the Tribunal has not considered this aspect. 5. Admittedly, the petitioner was appointed as ED Branch Postmaster and posted at Kamini Branch Office, Mummidivaram, on regular basis vide Memo No.BE/129 dated 26-04-1979 and since then, he was working in that capacity. While so, he made a request for transfer to Kondukuduru Branch Office on the ground that he has to look after his aged mother. The official respondents have categorically stated that respondent No.6 has not even applied for the post of EDBPM, Kondukuduru in response to the notification dated 23-11- 1995. This is not controverted by respondent No.6. When respondent No.6 has not even applied for the post in which the petitioner was transferred and pursuant to the request for transfer, which was accepted, the petitioner had joined the duty, the Tribunal ought to have rejected the O.A. In the circumstances, we are inclined to set aside the impugned order passed by the Tribunal and allow the writ petition. 6. The writ petition is accordingly allowed. No order as to costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 12-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LOBIS}