Writ petitions challenging an arbitrary posting of a government employee were dismissed as withdrawn. The court allowed the petitioner to withdraw the applications without costs.
Petitioner permitted to withdraw writ petitions; matter dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ArHYDERABAD H, G Hc o u Rr' " iJXi :lAIIr,:5 l:hl}:flS
TUESDAY,THENINETEENTHDAY.Of APRIL TWO THOUSANDAND TWENTYIWO
PRESENT
THE HONOURABLESRI JUSTICE B'VIJAYSENREDDY WRITPETITI ON NO:3023 0F2 021
Between:
Late Mohd.Liaquat Ali, Aged about54 years'Execulive Mohd.Faruqh Ali, S/o -tirGaiion iircle' Adilabad' DivisionNo.2, Adilabao Enoineer,lrrigation AdiiabadDistrict
...PETITIONER
AND
...RESPONDENTS
PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstated in the affidavit filed therewith'the High Court maybe pleased toissue an appropriatewrit'order or direction more particularly one in the natureof Writof Mandamusto declarethe action of the respondents posting the 4thunofficialrespondentonpromotionasExecutiveEngineer'lrrigation'Adilabad inplace of the petitioner and to transfer the petitioneras Executive Engineer' lrrigationDam at Pochampad(lW)Pochampadvide G'O'RtNo 52 lrrigationand CAD(Ser.ll) Departmentdaled 28t112021 in so far as to the extent of transferand posting of thepetitioner and the 4th respondentas beingarbitrary' illegal'uniust' amountingcolourable exercise of power'contrary to guidelines issuedin G.O.Ms.No.81 Finance (HRM-l) Departmentdated 18/6/2018 in violation of Article l4oftheConstitutionoflndiaandholdthatthepetitionerisentitledtoberetained and continuedas Executive Engineer' lrrigation and CAD' DivisionNo'2' Adilabad'
;
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to retain and continue the petitioner as Executive Engineer, lrrigation and CAD Division No.2, Adilabad duly suspending the operation of the impugned G.O. Rt.No. 52 dated 281112021 in so far to the extent of transfer and posting of the petitioner and 4th unofficial respondent in the interest of justice.
lA NO: 2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider my posting by retaining at Adilabad in the light of G.O.Ms.No.B1 Finance (HRM-1) Department dt.18.06.2018 or issue posting orders for any of the vacant positions stated above pending disposal of the Writ Petition.
Counsel for the Petitioner:SRl. D.LINGA RAO
Counsel for the Respondent No's. 1 to 3: GP FOR lRRl AND COMM AREA DEV Counsel for the Respondent No.4: NONE APPEARED
The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.3O23 OP 2O2L
ORDER:
Learned counsel lor the petitioner seeks permission oi the Court t o u it lrd ra'.r t ]rc rr rit pt rir ior r.
Permission is accordcd. Accordingl-v, thc WriL Petition rs disrnissed :rs u.ithrirau n. Tl're miscellaneoLls petlLions pe nding, il anl', shall stand closed, Thcre shali be no order as to costs.
\
SD/-G.SIREESHA ASSISTANT. REGISTRAR ,TRUE COPY// (lr, SECTION OFFICER
To, 1. One CC to SRl. D LINGA RAO Advocate [OPUC] 2. fwoCCs to GP FOR lRRl AND COMM AREA DEV, High Courtforthe State of Telangana. [OUT] 3. Two CD Copies. 4. One Spare Copy. GB SB ,,\
HIGH COURT
DATED:1 910412022
r
e
:)a,) 0 5 MA{
--
ORDER
WP.No.3023 of2021
DISMISSING THEWP
AS WITHDRAWN
WITHOUT COSTS.
@26P
Mohd. Faruqh Ali
The State of Telangana, rep by its Principal Secretary, Irrigation and CAD
The Engineer-in-Chief, Irrigation and CAD
The Chief Engineer, Irrigation and CAD
R.Vittal
Bijayansh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
