SRI P v. KRISHNAIAH

..,RESPONDENTS Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant appropriate relief, more in the nature of a Writ of Mandamus under Articles 226 and 227 of lhe Constitution of lndia, declaring the Office Order No.Gazl232l2025 in Proceedrngs SCR/P-HQl26OlGazl8l MD|2O25 (E-124217), dated 10.09.2025 issued by the 2nd Respondent on behalf of the lst Respondent as arbitrary, illegal, discriminatory, malafide, unco n stitutio nal, attaching stigma, violating Articles 14, 16 and 21 of the Constitutron of lndia, apart from contrary to transfer policy of the Railway Officers issued in Proceedings No.E(O)/lll/201 4lPLlOs, dated 3'l .08.2015 issued by the Ministry of Railways, Government of lndia (Railway Board) and also declare the orders of the Honourable Central Administrative Tribunal dated 16.09.2025 in OA No.909 ol 2025 is erroneous and issue consequentral directions directing the Respondents to continue the Petitioner as Principal Chi:1 l\,4edical Director by suspending operation of the Office Order No.Gaz12321r\ 25 in Proceedings SCR/P-HQ/26OlGazl8lMDl2O25 (E-124217), dated 10.09.11 l'1 5 issued by the 2nd Respondent on behalf of the 'lst Respondent, till disposa r f the OA No.909 of 2025 by the Honourable Central Administrative iribunal (Tt'ti ngana lA NO: 1 OF 202s Petition under Section 151 CPC praying that in tht: c rcumstances stated in the affrdavit filed in support of the petition, the High Co -r may be pleased to suspend the operation of the Office Order No.Gal232',|2 )25 in Proceedings SCR/P-HQ/260lcazl8lMDl2025 (E-124217), dated '10.09.i] li 5 issued by the 2nd Respondent on behalf of the 1St Respondent, till disposzr r f the OA No.909 of 2025 pending before the Honourable Central 'A(lrr nistrative Tribunal (Telangana), Hyderabad, pending disposal of the Writ Petitto I Counsel for the Petitioner: SRI P. V. KRISHNAIAH Counsel for Respondent Nos. 'l to 4: DEPUTY SOLICITOR C ENERAL OF INDIA Counsel for Respondent No. 5: --- The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI IUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION NO.28553 OF 2025 IUDGMENTi e tHo,'bh.st't Iust|:c Ahltilnt'd K]/t nr Shtutli) This Writ Petition is filed aggrieved by the order, datecl

76.09.2025, passed in O.A.No.909 of 2025 by the Central Aclministrative Tribunal, Hyderabad ('Ielangana) (for short, 'the Tribunal'), in not granting the interim relief sought by the t peti tioner

2. Heard Sri P.V. Krishnaiah, learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing for respondent Nos.1 to 4.

3. It is the case of the petitioner that he working AS Aclc{itional Chief Health Director with the respondent-railways at Central Hospital, Lalaguda, Secunderabacl. While so, he was transfcrred to Guntakal Division pide proceedings, datecl

70.09.2025. As the sarid transfer order was passecl by incompetent authority ar.rd contrary tc the transfer policy, the petitioner has 2 /\KS,I & VRKR,J \\'.P.No.28553 ot 2025 chatlengecl the same before the Tribunal bi l'iling the subject O.A.No.909 of 2025. The Tribunal zrlde imptrpnecl order, dated

7609.2025, h;rs ordered notice, however, der- ircd to grant any interim rclicf

4. Lcarnecl counsel for thc petitioner had ci'r tencled that if the bransfer of thc pctitioner is not stayed till tht' stay application is consirle'recl h',' thc Tribunal, the petitioner v'ouid be put to irrcparable loss ancl hardship and that the ptrr:rose of filing the subjc-ct O.,\. rvoulcl be defeatecl. Leaned counscl 'urther contended that thc Tribr-rLral ought to have stayed the tr.rsfer order till the stav application is adjudicated by it. Leartr:r, I counsel f urther contcndecl thai iI the Tribunal was not satisfiec] ,a ith the casc of the pctitioner, it ought to have dismissed the subjt'c - O.A. Therefore, appropriate orclers be passed in the Writ Petitrr:,rr by granting stay of the h'ansfer orcler, dated 10.09.2025, at least t,l -he Tribunal takes up the stav application 5 On thr: other hand, learnecl Deputy Solicilrt: General of India appcariLrg f or rc.sponclent Nos.1 to 4 hacl .-o rtendecl that the J ,\KS,J & VRKtt,' W t' No 28553 oI 2025 petttioner was working in the same station since 19 years and as per the transfer policy, an employee can bc continued at the same station for a period of 10 years only. This fact was appreciated by the Tribunal and the Tribunal has declined to grant interim relief to the petitioner. Tl-rerefore, there are no merits in the Writ Petition and the same is liable to be dismissed. \ \

6. This Court, having considered the rival submissions made by thc lcarnecl counsel for the parties, is of the considerecl view that, lrrftr impugnecl order, dated 16.09.2025, the Tribunal has orderccl notice. The Tribunal was of the view that interim relief cannot bc consiclered till reply is filed and on that ground, the Tribunal has declincd to grant interim relief to the petitioner. The Tribunal ought to lrave granted interim relief as balance of convenience lies in favour of tl're petitioner. Therefore, this Court is of the view that encls of justice would be met if the transfer order, dated 10.09.2025, is suspenc{ed till such time the Tribunal adjuclicates the interim stay application of the petitioner, and accordingly, the same is suspended. Since the transfer order is under challenge before the Tribuna[, the Tribunal is clirectecl to dispose of tl-re stay application, 4 ,,\KS,] & VRKR,J I \i.I' No.2855i oI2025 t as expeditiouslv ;rs possible, without being ini L encecl by any of the observatior-rs nracle bv this Court. 7 With thc al-rove observations/directionl;, Ite Writ petition is disposccl of. [lt.rc shall be no orcler as to costi As a secluel, misccllaneous applications pt nding if any, shall stancl closerl SD/. <.BHAVANI SWAMY ASjSIS TSNT REGISTRAR //TRUE COPYII \ SECTION OFFICER t\,4anager, South Centrat Raitway, Rait Nita i: m, Secunderabad - I5B S"J"rr, The Principal Chief personnel Officer, personnel Depa- n ent. Headquarters Hosp_ital 4th Floor, Rail Nilayam. S.crnOera-OrJ' """. Il:I;.j::ffl ..nerMediCar'orrii.J;"c:;i;;i[?,:pitar,LaraTuda, Iff J,,"i;'rt""r%l:ftJf B€llit) 9n" 99 to Sri p V Krishnaiah Advocate IOPUCI one CC to Deoutv Soticiror cun;;;i;ijriiiu,"tEpUCi Two CD Copies Government or India, tvrir is :ry or Rairways To, 1 2 a 4 6 7. IVBC TKSg --l:{--i-<-- HIGH COUR DATE D: 1910912025 '' , -i ta. 'r . t[r lffi 't. ' \.. .' r, .i: ORDER WP.No.,28553 of 2025 DISPOSING OF THE VVRIT PETITION W'THOUT COSTS .J,