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M. Venkatesu Vs. the Postmaster General, A.P.

M. Venkatesu vs The Postmaster General, A.P.

Type Court Judgment Court Central Administrative Tribunal CAT Hyderabad Decided Apr 24, 2007
~3 min read
https://sooperkanoon.com/case/55370

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Citation
Court
Central Administrative Tribunal CAT Hyderabad
Judge
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

M. Venkatesu

Advocate Mr. Krishna Devan

Respondent

The Postmaster General, A.P.

Excerpt

.....1 & 2 on the representation submitted by the applicant on 20.3.2007 as arbitrary, unjust, without application of mind and being violative of article 14, 16 & 21 of constitution of india and consequently to direct the respondents to pass appropriate orders on the representation dated 20.3.2007 for transfer to any of sub-post offices on compassionate grounds.4. learned counsel for the respondents submits that it is a premature application in as much as the representation was submitted on 20.3.2007. as per the act, one has to wait for six months if there is no reply or any order passed. since six months have not been expired, the application is premature. i agree with the contention of the learned counsel for the respondents. moreover, i find that there is no substance in this oa. the applicant has exercised his option pursuant to the notification issued on 12.3.2007 which is annexed at page 11 of the oa. in addition to that, he has submitted representation on 20.3.2005 requesting to consider his case in view of his physical disability and the nature of work he has to perform and the personal difficulty explained therein. moreover, no transfer order has yet been passed. i, therefore, do not find any reason to move this application at the stage. the tribunal cannot interfere at the stage. it is for the administration to decide the request of the applicant as he has already submitted his representation. this application is not at all maintainable and the same is dismissed accordingly at the stage of admission with no order as to costs. however, this dismissal will not stand in the way of the respondents in considering the representation of the applicant and passing appropriate order.

Full Judgment

1. Heard Mr. Krishna Devan, learned Counsel for the applicant and Mr.

K. Siva Reddy, learned standing counsel for the respondents.

2. It is the case of the applicant that he is a physically handicapped Postal Clerk working from 1988. At present he is working at Anantapur H.O. He is having right leg disability. 50% of his right leg is lean, short and as such it is not working. He has to walk with the help of his right hand giving support to the right leg. He is 45 years old. The applicant has come to Anantapur H.O. by way of transfer in the year 2004. After joining there, he made several representations requesting for transfer to any town post offices in Anantapur town. But he has not been favoured with reply from the respondents. The respondents have issued notification dated 12.3.2007 in regard to rotational transfers for the year 2007-08. The persons who have completed/ are completing their tenure during that year are liable to be transferred for the year 2007-08. The names of post offices where the vacancy is likely to be filled up, are mentioned therein in the said notification. Learned Counsel for the applicant submitted that there are few post offices mentioned therein which are single handed. The applicant submitted his representation exercising his option for the post of SPM, Motilal Street Class-III TSQ, Ananthapur, SPM, Sainagar Class-II TSO, Ananthapur, S.P.M., R.V. Palem, Class-III S.O., PA, Georgepet LSG SO.The applicant thereafter submitted representation to the first and second respondents on 20.3.2007 separately, explaining his physical disability and the personal difficulties and requested to post him in any of the following posts: 3. It is the contention of the applicant that the respondents have neither replied to the said representation nor issued any transfer order as yet. He has, therefore, approached this Tribunal by filing the instant OA to declare the inaction on the part of the respondents 1 & 2 on the representation submitted by the applicant on 20.3.2007 as arbitrary, unjust, without application of mind and being violative of Article 14, 16 & 21 of Constitution of India and consequently to direct the respondents to pass appropriate orders on the representation dated 20.3.2007 for transfer to any of sub-post offices on compassionate grounds.

4. Learned Counsel for the respondents submits that it is a premature application in as much as the representation was submitted on 20.3.2007. As per the Act, one has to wait for six months if there is no reply or any order passed. Since six months have not been expired, the application is premature. I agree with the contention of the learned Counsel for the respondents. Moreover, I find that there is no substance in this OA. The applicant has exercised his option pursuant to the notification issued on 12.3.2007 which is annexed at page 11 of the OA. In addition to that, he has submitted representation on 20.3.2005 requesting to consider his case in view of his physical disability and the nature of work he has to perform and the personal difficulty explained therein. Moreover, no transfer order has yet been passed. I, therefore, do not find any reason to move this application at the stage. The Tribunal cannot interfere at the stage. It is for the administration to decide the request of the applicant as he has already submitted his representation. This application is not at all maintainable and the same is dismissed accordingly at the stage of admission with no order as to costs. However, this dismissal will not stand in the way of the respondents in considering the representation of the applicant and passing appropriate order.

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