K. Munidharmanadhaiah Vs. Girijan Co-op. Corporation Ltd. and anr. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/446171 |
| Subject | Service |
| Court | Andhra Pradesh High Court |
| Decided On | Aug-14-2003 |
| Case Number | Writ Petition No. 16996 of 2003 |
| Judge | R. Subhash Reddy, J. |
| Reported in | 2003(5)ALT578 |
| Acts | Service Rules - Rule 14 |
| Appellant | K. Munidharmanadhaiah |
| Respondent | Girijan Co-op. Corporation Ltd. and anr. |
| Appellant Advocate | G. Ramesh Babu, Adv. |
| Respondent Advocate | A.K. Jaiswal, Adv. |
| Disposition | Petition allowed |
Excerpt:
.....or degree indicated or implied by the context. therefore, the term such board will have to mean a divisional board of or the level of divisional board or the state board. the divisional board holds the examination and issues certificates after 10th and 12th standard examinations. the state board advises the state government on policy matters, ensures uniform pattern of secondary and higher secondary education, lays down principles for determining syllabi, prescribes text books, etc. the cantonment board does not discharge any of such duties nor is there any other board or body under the cantonments act discharging any such duties. the duties of the cantonment board are laid down in section 62 and amongst others, clause (xiv) lays down the duties of establishing and maintaining or.....r. subhash reddy, j.1. the petitioner, who is working as senior accountant in the girijan co-operative corporation limited, tirupathi, has filed this writ petition questioning the order passed by the divisional manager in rc.no. 161/2003-b, dated 31-7-2003, transferring him from tirupthi and allotting him on deputation to girijan primary cooperative marketing society, nellore.2. it is the case of the petitioner that there are separate set of service rules for the employees working in girijan co-operative corporation limited, visakhapatnam and that as per rule 14, the appointing authority or an authority superior to him or an officer authorised by appointing authority is competent to transfer an employee from girijan co-operative corporation to girijan co-operative marketing society. as.....
Judgment:R. Subhash Reddy, J.
1. The petitioner, who is working as Senior Accountant in the Girijan Co-operative Corporation Limited, Tirupathi, has filed this Writ Petition questioning the order passed by the Divisional Manager in Rc.No. 161/2003-B, dated 31-7-2003, transferring him from Tirupthi and allotting him on deputation to Girijan Primary Cooperative Marketing Society, Nellore.
2. It is the case of the petitioner that there are separate set of service rules for the employees working in Girijan Co-operative Corporation Limited, Visakhapatnam and that as per Rule 14, the Appointing Authority or an authority superior to him or an Officer Authorised by Appointing Authority is competent to transfer an employee from Girijan Co-operative Corporation to Girijan Co-operative Marketing Society. As such, it is contended that the Divisional Manager is not competent authority to pass the impugned order.
3. On request of the learned Standing Counsel for the respondent-Corporation, the matter is adjourned to to-day from yesterday. The learned Standing Counsel submitted that so far as Senior Accountants are concerned, General Manager is the appointing authority and has also admitted that as per Rule 14 of the Service Rules of the Employees' of the Girijan Co-operative Corporation Limited, Visakhapatnam, the appointing authority is competent to pass the transfer orders.
4. In the circumstances, on the sole ground that the Divisional Manager, who has passed the impugned order, is not competent authority, the impugned order dated 31-7-2003 is set aside and the Writ Petition is allowed. However, this order does not preclude the competent authority from passing appropriate order effecting transfers on administrative grounds. No costs.