UNION OF INDIA Vs. VALLAM MURALI

JUDGEMENT

(1.) Heard Sri N. Harinath, learned Assistant Solicitor General for Union of India, appearing for the petitioners, and Sri T. Balaji, learned counsel for the applicant-respondent, apart from perusing the material available on record.

(2.) Challenge in the present Writ Petition is to the order dtd. 16/11/2021 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad Bench, in O.A. Nos. 929 of 2016 and 716 of 2019. The respondent herein is presently working as Gramin Dak Sevak Branch Post Master (GDS BPM) in Karakambadi Branch Post Office (BO) a/w Renigunta Sub Post Office (SO), Department of Posts. The respondent herein filed O.A. No. 769 of 2019, assailing the order dtd. 13/8/2019 passed by the Director of Postal Services, Kurnool Region, Kurnool. By way of the said order dtd. 13/8/2019, petitioner No. 3 rejected the request of the respondent for his transfer to the post of BPM, APHB Colony, a/w Tirupathi North SO. In O.A. No. 929 of 2016, the respondent herein challenged the transfer of one Smt. A. Sowbhagya, GDS BPM, Chintarajupalle BO, a/w Mantapam Palle SO, Kadapa Division to APHB Colony BO. In the said O.A. No. 929 of 2016, the Tribunal on 2/9/2016, passed an interim order, directing the respondent to maintain status quo in respect of the order dtd. 23/8/2016. Pending the Original Application, Smt. A. Sowbhagya made a representation, requesting for her transfer as GDS BPM, Nennuru BO and the same came to be approved by the authorities. On 14/2/2019, the respondent herein made a representation to the petitioners to consider his request for APHB BO at Tirupathi. By way of the order impugned in O.A. No. 769 of 2019 dtd. 13/8/2019, request of the respondent herein came to be rejected by the authorities broadly on two grounds, viz., (i) the said request would run counter to the office memoranda dtd. 4/1/2019 and 15/7/2021 and (ii) that the respondent herein had undergone punishment. The Tribunal, vide the questioned order dtd. 16/11/2021, by way of a common order, allowed O.A. Nos. 929 of 2016 and 769 of 2019 and the operative portion of the said order reads as follows:-

(3.) In the above background, the respondents in the aforesaid Original Application, have come up before this Court by way of the present Writ Petition.