Telangana High Court
Union Of India vs Agany Kumar on 13 June, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.8404 OF 2024
ORDER:
(Per Hon'ble Sri Justice Laxmi Narayana Alishetty)
This Writ Petition is filed aggrieved by the order, dated 18.04.2023,
passed in O.A.No.20/00303/20122 by the Central Administrative
Tribunal, Hyderabad Bench at Hyderabad (for short, 'the Tribunal').
2. Heard the learned Additional Solicitor General of India representing
Ms. Anjali Agarwal, learned Standing Counsel for Central Government,
appearing for the petitioners.
3. Learned Additional Solicitor General of India appearing for the
petitioners had contended that the respondents are working as Assistant
Loco Pilots, Senior Assistant Loco Pilots and Loco Pilots (Goods) with
the petitioners and their names were included in the approved list of Inter
Railway Request Transfers (IRRT). However, in view of shortage of
Loco Pilots at Guntakal Division, the respondents could not be relieved.
Aggrieved by the inaction of the petitioners in relieving them, the
respondents have approached the Tribunal by filing
O.A.No.20/00303/2022 contending that since their names were included
in the approved list of IRRT, they have to be relieved in accordance with
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W.P.No8404 of 2024
the policy. The Tribunal, without appreciating any of the contentions
raised by the petitioners, and by following its earlier order, dated
17.06.2021, passed in O.A.No.402 of 2021, was pleased to dispose of the
said O.A. vide impugned orders, dated 18.04.2023, by directing the
petitioners to take necessary steps and relieve the respondents from
Guntakal Division within a period of three (3) months, as their names
were included in the approved list of IRRT.
4. Learned Additional Solicitor General of India had further contended
that since there is shortage of Assistant Loco Pilots, Senior Assistant Loco
Pilots and Loco Pilots (Goods), the petitioners are not in a position to
relieve the respondents from their present place of working. Therefore,
appropriate orders be passed in this Writ Petition setting aside the
impugned order passed by the Tribunal.
5. This Court, having considered the said submissions, is of the
considered view that the Tribunal disposed of the O.A. by following its
earlier order, dated 17.06.2021, passed in O.A.No.402 of 2021, which was
passed in the light of the judgment rendered by the High Court of
Judicature at Hyderabad for the State of Telangana and Andhra Pradesh in
W.P.Nos.31544 of 2016 and batch, dated 31.10.2017, wherein the
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W.P.No8404 of 2024
petitioners were directed to relieve the employees who were granted IRRT
in a specified period.
6. The Tribunal has merely followed the order dated 31.10.2017
passed in Writ Petition Nos.31544 of 2016 and disposed of the O.A.
Therefore, the issue raised in the present case was already adjudicated by
this Court and this Court negatived the contentions of the petitioners. As
such, the Tribunal was justified in disposing of the O.A. by following its
earlier order dated 17.06.2021 passed in O.A.No.402 of 2021 which was
passed in the light of the orders, dated 31.10.2017, of the High Court in
Writ Petition No.31544 of 2016 and batch. Hence, this Court is not
inclined to interfere with the impugned order passed by the Tribunal.
7. Accordingly, the Writ Petition is dismissed. However, the
petitioners are granted two months' time to comply with the orders, dated
18.04.2023, passed by the Tribunal in O.A.No.20/00303/2022. There
shall be no order as to costs.
8. Miscellaneous Applications, if any, pending in these Writ Petitions,
shall stand closed.
______________________________
ABHINAND KUMAR SHAVILI, J
_________________________________
LAXMI NARAYANA ALISHETTY, J
Date:13.06.2024
dr
