Telangana High Court
Muchintala Nagaraju vs The State Of Telanganaand 4 Others on 1 November, 2022
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.40122 OF 2022
ORDER:
Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home.
2. The case of the petitioner, in brief, is that the petitioner is working as Police Constable with employee Id: 1645984. While so, when the petitioner was working in Khammam as Police Constable and by virtue of Districts bifurcation, the Government of Telangana has issued G.O.Ms.No.317 dated 06.12.2021 proposing allotment of new cadres as per the newly formed districts. In the said process, the petitioner was allotted to the new District at Bhadradri Kothagudem, vide Proceedings No.HO/DI/KH/BHAD/POCO/0034, dated 31.12.2021. Aggrieved by the same, the petitioner herein has preferred an appeal to the Secretary to the Government, as per the rules, in the prescribed format on 27.12.2021 itself. However, without considering the said appeal, the respondents have given new posting to the petitioner at E. Bayyaram PS through a common order vide C.No.10114/A1/BKGM/2021, DO.No.814/2021, dated 29.12.2021. The 1st respondent has also issued a circular vide Memo No.1655/SPF-I/2021-5, dated 22.12.2021, drawing the attention of all the Secretaries of the Government, the Heads of 2 Departments and District Collectors prescribing the procedure to be followed in disposing of the appeals made against the new allotments. However, nothing was done and the transfers have been affected and now more than 10 months period has been elapsed.
3. The main grievance of the petitioner is that the respondents have given new posting at Manuguru PS through a common order vide C.No.10114/A1/BKGM/2021, DO.No.814 /2021 dated 29.12.2021 though the petitioner's appeal in the prescribed format dated 27.12.2021 is itself yet to be considered, the present posting orders in C.No.10114/A1/BKGM/2021, DO.No. 814/2021 dated 29.12.2021 have been issued by the 5th respondent.
4. It is represented by the learned Government Pleader for Home that the present writ petition could be disposed of by directing the respondent authority to consider the appeal preferred by the petitioner, in accordance to law, within a reasonable period.
5. Taking into consideration the submission made by the learned Government Pleader for Home and without going into the merits of the case, the Writ Petition is disposed of directing the 1st respondent to consider the 3 appeal dated 27.12.2021 preferred by the petitioner, in accordance to law and pass appropriate orders, within a period of three (03) weeks from the date of receipt of the copy of this order, duly communicating the said decision to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ MRS JUSTICE SUREPALLI NANDA 01.11.2022 VSU/KGK