Citation : 2021 Latest Caselaw 4299 Tel
Judgement Date : 13 December, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.61 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
06.12.2018 passed by the learned Single Judge in W.P.No.40431
of 2018.
The undisputed facts of the case reveal that the present
appellant/employee, being aggrieved by the transfer order dated
01.11.2018, has approached this court stating that he has been
transferred, within a short span of time, without completion of
normal tenure and the learned Single Judge has not set aside the
transfer order. However, the learned Single Judge, keeping in view
the fact that the case of the appellant/writ petitioner was pending
consideration for his retention at Rajendranagar, Hyderabad,
directed the respondent to consider his case for retaining him at
Rajendranagar, Hyderabad. The respondent has subsequently, on
16.01.2019, rejected the appellant/writ petitioner's representation.
In the considered opinion of this court, once the respondent
has rejected the appellant/writ petitioner's case for retention at
Hyderabad, this court does not find any reason to interfere with
the transfer order dated 01.11.2018. However, in future, in case
vacancies are available at Rajendranagar, the appellant/writ
petitioner shall certainly be free to submit his representation and
the same shall be decided by the respondent, keeping in view the
guidelines framed by the University in respect of transfer.
With the aforesaid, the writ appeal stands disposed of.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ
_______________________ N. TUKARAMJI, J 13.12.2021 JSU
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