A.P. Power Generation ... vs B. Ramesh
2022 Latest Caselaw 3641 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                             AND
             THE HON'BLE MRS. JUSTICE SUREPALLI NANDA
                                   W.A.No. 201 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard Ms. Priyanka Singh, learned counsel for the appellants.


2.      The present intra-court appeal has been filed assailing the

final order dated 10.09.2018 passed by the learned Single Judge,

allowing W.P.No.16783 of 2006 filed by the respondent as the writ

petitioner.

3. The related writ petition was filed by the respondent

questioning the action of the appellants in dismissing him from

service vide proceedings dated 11.10.2001. Respondent was

appointed as an attender in the establishment of appellant No.1 on

compassionate ground on 29.09.1997. On the allegation that

respondent had produced a tampered transfer certificate from the

school in question at the time of his appointment, he was placed

under suspension on 09.05.2000 subject to drawal of disciplinary

proceeding. Following the disciplinary proceeding, respondent was

dismissed from service vide order dated 11.10.2001. The order of ::2::

dismissal from service was confirmed by the appellate authority

vide appeal order dated 16.10.2002. Thereafter, the related writ

petition came to be filed.

4. Contention of the respondent before the learned Single

Judge was that he was appointed on compassionate ground to the

post of attender. Educational qualification required for such post

was only to read and write. Respondent possessed the said

qualification. The transfer certificate was produced only by way of

additional information. But for compassionate appointment, such

a transfer certificate was not material.

5. Appellants, who were arrayed as respondents in the writ

proceedings, contended before the learned Single Judge that though

the transfer certificate had no relevance for compassionate

appointment, nonetheless it was a reflection on the conduct of the

respondent inasmuch as by way of transfer certificate, surname of

the respondent was referred to as 'Bhavani' instead of 'Kalu',

thereby, changing his caste status.

::3::

6. Learned Single Judge upheld the contention of the

respondent and by the order dated 10.09.2018, allowed the writ

petition in the following terms:

"This Court having considered the rival submissions made by the parties is of the view that the transfer certificate has no relevance for appointment as attender on compassionate ground in the respondent-organization and therefore, imposition of punishment of dismissal of the petitioner from service is shockingly disproportionate. More so, the qualification set out in the transfer certificate was not a pre-requisite condition for securing employment on compassionate ground. Therefore, the impugned orders are not sustainable and the same are liable to be set aside. As it is a case of initiation of disciplinary proceedings against the petitioner on the basis of transfer certificate, which was not required for giving employment on compassionate grounds, the petitioner is entitled to be reinstated into service.

Accordingly, the Writ Petition is allowed setting aside the orders impugned. The respondents are directed to reinstate the petitioner into service with continuity of service and without backwages. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed."

::4::

7. On due consideration, we agree with the conclusions reached

by the learned Single Judge. As pointed out by the learned Single

Judge, the transfer certificate was not an essential document for

appointment on compassionate ground. Therefore, the same could

not have been taken into consideration either for appointment of

the petitioner to the post of attender or for his dismissal from

service. It was a case of overzealousness on the part of the

respondent.

8. Be that as it may, we do not find any good reason to interfere

with the decision of the learned Single Judge.

9. Consequently, Writ Appeal is dismissed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

dismissed.

__________________ UJJAL BHUYAN, CJ

_____________________ SUREPALLI NANDA, J Date: 12.07.2022 LUR