Union Of India And 4 Others. vs M.Narsaiah
2022 Latest Caselaw 6762 Tel

       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                                AND

     THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

             Writ Petition No.21748 of 2022

ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)

        This Writ Petition is filed by the petitioners under

Article 226 of the Constitution of India seeking a Writ of

Certiorari by calling for the records pertaining to the order

dated 17.03.2022 passed in Contempt Petition No.102 of

2021 in Original Application No.021/648 of 2015 by the

Central     Administrative      Tribunal,    Hyderabad    Bench,

Hyderabad (for short, 'the Tribunal') and to quash the

same by declaring it as illegal, arbitrary and contrary to

law.


2.      Heard Mr. G. Praveen Kumar, learned Deputy

Solicitor General of India, for the petitioners.


3.      Learned counsel for the petitioners contended that

the respondent was working as Grameen Dhak Sevak

(G.D.S.) / Mail Carrier and he has applied in the transfer

policy to be posted at Surjapur Branch Office; but the

request of the respondent could not be considered as one ::2:: AKS,J & RRN,J wp_21748_2022

Shri M. Narsaiah, who was senior to the respondent, has

already applied for transfer at Surjapur Branch Office;

aggrieved by non-consideration of the case of the

respondent for transfer at Surjapur Branch Officer, the

respondent approached the tribunal by filing O.A.No.648 of

2015; and, vide order dated 01.10.2021, the Tribunal was

pleased to dispose of the said O.A. with the following

observations, viz.,

"7. (I) The dispute is about the transfer of the applicant under Rule 3 of G.D.S. Rules as G.D.S. / B.P.M. Surjapur. Earlier to the applicant's request, 6th respondent applied for transfer to the said post and it was approved as per Rules prevalent. However, in view of a complaint pending against 6th respondent the transfer granted was not effected. Learned counsel appearing on behalf of 6th respondent has submitted that 6th respondent had been promoted as Postman and hence he has no claim in regard to the transfer to the said post.

(II) Considering the above developments, as the decks are now cleared, respondents are directed to consider the transfer of the applicant as G.D.S. / B.P.M., Surjapur B.O. as per the Rules and law, provided the said post is vacant as on the date of judgment.

With the above direction, the O.A. is allowed as indicated above, with no order as to costs."

4. Learned counsel for the petitioners further contended

that as the 6th respondent in the said O.A. was already ::3:: AKS,J & RRN,J wp_21748_2022

promoted as 'Postman', he has given up his case before the

Tribunal for posting at Surjapur Branch Office, and in view

of the subsequent development, the Tribunal directed the

petitioners to consider the case of the respondent herein

for posting at Surjapur Branch Office; accordingly, the

petitioners have considered the case of the respondent in

terms of the order passed by the Tribunal, and the

petitioners have passed a speaking order on 15.11.2021

rejecting the case of the respondent; thereafter, the

respondent, instead of challenging the rejection order

passed by the petitioners by filing a fresh case, has filed a

Contempt Petition before the Tribunal (viz., Contempt

Petition No.102 of 2021 in Original Application No.021/648

of 2015); the Tribunal, has directed appearance of

petitioners by holding that petitioners have wilfully violated

the order passed by the Tribunal and directed the

petitioners to be present on the next date of hearing, i.e.,

on 29.04.2022 without appreciating the fact that the case

of the respondent was considered by the petitioners and

the same was rejected by a speaking order dated

15.11.2021; therefore, the Tribunal ought not to have

entertained the Contempt Petition, more so, when the ::4:: AKS,J & RRN,J wp_21748_2022

petitioners have complied with the order passed by the

Tribunal in O.A.No.648 of 2015, dated 01.10.2021; and

therefore, prayed this Court to pass appropriate orders in

the Writ Petition by setting aside the order dated

17.03.2022 passed in Contempt Petition No.102 of 2021 in

Original Application No.021/648 of 2015 by the Tribunal

and allow the Writ Petition.

5. This Court, having considered the rival submissions

made by the parties, is of the considered view that the

petitioners have complied with the order passed by the

Tribunal in O.A.No.648 of 2015, dated 01.10.2021, and the

petitioners have considered the case of the respondent and

rejected the case of the respondent for effecting transfer to

Surjapur Branch Office. Therefore, this Court is of the

considered view that the order passed by the Tribunal

O.A.No.648 of 2015, dated 01.10.2021, was complied with

by the petitioners by passing a speaking order on

15.11.2021.

6. Moreover, the Tribunal is not justified in entertaining

the Contempt Petition filed by the respondent before the

Tribunal viz., Contempt Petition No.102 of 2021 in Original ::5:: AKS,J & RRN,J wp_21748_2022

Application No.021/648 of 2015 and the same is not

maintainable. Accordingly, the same is set aside.

7. However, it is made clear that if the respondent is

still aggrieved, he is at liberty to challenge the rejection

order passed by the petitioners in accordance with law.

8. Accordingly, the Writ Petition is allowed. No costs.

9. As a sequel, miscellaneous applications pending if

any in this Writ Petition, shall stand closed.

__________________________________ ABHINAND KUMAR SHAVILI, J

_____________________________________ NAMAVARAPU RAJESHWAR RAO, J

Date : 13.12.2022 Ndr