LAWS(APH)-2007-12-90

RAMANA KUMAR D D V SUBBAIAH REGIONAL LABOUR COMMISSIONER CENTRAL HYDERABAD Vs. SITA RAO T KOTESWAR RAO

Decided On December 04, 2007
RAMANA KUMAR D., D.V.SUBBAIAH, REGIONAL LABOUR COMMISSIONER (CENTRAL), HYDERABAD Appellant
V/S
SITA RAO, T.KOTESWAR RAO Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for first respondent, and the assistant Solicitor General appearing for the central Government.

(2.) THIS Writ of certiorari is filed seekingto quash the order of the Central Administrative tribunal, Hyderabad Bench, Hyderabad (for brevity 'the Tribunal'), passed in M. A. No. 397 of 2007 in O. A. No. 765 of 2007, dated november 28, 2007, suspending the proceed ings of transfer in Office order No. 31 of 2007, dated November 12, 2007, passed by the second respondent therein viz. , the Director, ministry of Labour and Employment, government of India, New Delhi.

(3.) THE facts, in brief, are that respondent no. I was working as Regional Labour commissioner (Central), at Hyderabad. While so, certain transfers were effected by the competent authority i. e. , third respondent herein, by Office order No. 31 of 2007, dated november 12, 2007, transferring five incumbents from one place to another, including the writ petitioner and respondent no. 1 herein. Aggrieved by the said transfer order, respondent No. 1 approached the Tribunal by way of filing O. A. No. 765 of 2007. Along with the O. A. , she also filed an interlocutory application seeking suspension of the said transfer order. The Tribunal, after going through the material available on record, initially by order, dated November 14, 2007, suspended the order of transfer, so far as it relates to respondent No. 1, on the ground that she is the mother of a mentally retarded child. Subsequently, on an application M. A. No. 397 of 2007 filed by the writ petitioner, who was transferred from Bangalore to Hyderabad at his request by the same proceedings, seeking vacation of the said interim orders, the tribunal, by order dated November 28, 2007, dismissed the said application, thereby confirming the suspension of transfer order of respondent No. l herein, pending disposal of the main O. A. Aggrieved by the same, the petitioner filed the present writ petition.