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2025 DAILYLAW 10577 (AP)

Kandipalli Venkata Harika v. The Central Administrative Tribunal,

WP/6014/2025 · 2025-09-22

Ninala Jayasurya, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010120042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j i TUESDAY, THE TWENTY THIRD DAY OF SEP' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT 'Petition no: 6014 of 2025 Between: Kandipalli Venkata Harika, W/o. M. Sarath Chandra. Occupation Assistant Audit Officer (AAO), apartments, beside Kidzee, Phone-7386705899 Email- Hrkchr@gmail.com. Aged 33 Years, R/o. Flat no. 401, Sruthi Donka Road, Patamata, Vijayawada-520010. ...Petitioner AND 1. The Central Administrative Tribunal, Hyderabad Bench at Hyderabad, Telangana Represented by its Registrar 2. The Comptroller and Auditor General of India, Pocket-9, Deen Dayal Upadhyaya Marg, New Delhi-110124 3. The Principal Accountant General Audit, Andhra Pradesh Central Mall, M.G. Road, Governorpet, Vijayawada-520002 4. The Senior Deputy Accountant General Admin, O/o. The Principal Accountant General (Audit), Andhra Pradesh, Stalin Central Mall, M.G. Road, Governorpet, Vijayawada-520002 5. Sri Tadi Rama Prasad, Aged 50 years, Occ; SAO/Admin, O/o. The Principal Accountant General (Audit), Andhra Pradesh, Stalin Central Mall, M.G. Road, Governorpet, Vijayawada-520002. Stalin (Respondent No.2 was deleted from array as per c.o.dt.23.09.2025 vide I.A.No.2 of 2025) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 1®^ Respondent in issuing notice in OA.194 of 2025 (Andhra Pradesh) on 07.03.2025 to the official respondents without passing Interim Relief as prayed for in OA No 194 of 2025 (Andhra Pradesh) which was filed by the petitioner challenging the action of the Official Respondents more particularly in rejecting the mutual transfer application of the Petitioner vide PAG(Audit)/AP/Admn.l/HR.II/L &A/91AA/.II/2024-25 dated 20-09-2024 and subsequent clarifications PAG(Audit)/AP/Admn.l/HR.II/L&A/91A/.ll/2024.25 dated 14.10.2024, PAG(Audit)/AP/Admn.l/HR.II/L&A/91A/.ll/2024-25 dated 08.11.2024 and rejection of the Deputation extension request vide PAG(Audit)/AP/Admn.l/HR.II/Deputation/F-47/2024-25 dated 12.01.2025 contrary to Circular No. 16/Staff Wing/2013 dated 06.06.2013 despite the Petitioner's Annual Performance Appraisal Report grading for 01.04.2021 to 11.03.2022 is 9 and for 01.04.2022 to 31.03.2023 is 9.25 and without there th being any valid reason and as part of sexual harassment by the 5 respondent and for the other reasons as stated hereinafter Consequently order of rejection of extension of deputation vide suspend the PAG(Audit)/AP/Admn.l/HR.II/Deputation/F-47/2024-25 dated 12.01.2025 and permit the petitioner to continue in the 3'^'^ respondent office pending disposal of the original application. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3'"'^ respondent permit the petitioner to continue in the 3^^ respondent office pending disposal of the original application. Counsel for the Petitioner: SRI THANDAVA YOGESH Counsel for the Respondent No.1 : - Counsel for the Respondent Nos.2 to 5 : SRI MOHAMMAD AARIF The Court made the following order: APHC010120042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE 1 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.6014 OF 2025 Between: Kandipalli Venkata Harika, W/o.M.Sarath Chandra, Aged 33 Years, Occupation Assistant Audit Officer (AAO), R/o.Flat No.401, Sruthi apartments, beside Kidzee, Donka Road, Patamata, Vijayawada-5200 10, Phone-7386705899 Email- Hrkchr@gmail.com. ...Petitioner AND 1. The Central Administrative Tribunal, Hyderabad Bench at Hyderabad, Telangana, Represented by its Registrar 2. The Comptroller and Auditor General of India, Pocket-9, Deen Dayal Upadhyaya Marg, New Delhi-110124 3. The Principal Accountant General Audit, Andhra Pradesh Central Mall, M.G. Road, Governorpet, Vijayawada-520002 4. The Senior Deputy Accountant General Admin, O/o. The Principal Accountant General (Audit), Andhra Pradesh, Stalin Central Mall, M.G. Road, Governorpet, Vijayawada-520002 5. Sri Tadi Rama Prasad, Aged 50 years, Occ. SAO/Admin, O/o.The Principal Accountant General (Audit), Andhra Pradesh, Stalin Central Mall, M.G. Road, Governorpet, Vijayawada-520002. Stalin ...Respondents Counsel for the Petitioner Mr.Thandava Yogesh Mr.Mohammad Aarif Counsel for the R.2 to R.5 2 WP 6014 2025 f The Court made the following ORDER: {per Hon’ble NJS,J) The present writ petition is filed by the applicant in O.A. No. 194 of 2025 on the file of the Central Administrative Tribunal (hereinafter referred to as, the Tribunal), challenging the action of the respondents therein in rejecting the mutual transfer application of the petitioneras also the request for extension of the deputation and for other reliefs. Along with the O.A., the petitioner filed a Miscellaneous Application seeking interim orders. On 06.3.2025, the learned Tribunal while directing notice, posted the matter to 24.4.2025, aggrieved by which the present writ petition has been filed. This Court, in the light of the averments made in the affidavit filed in support of the writ petition and the submissions made on behalf of the petitioner, granted interim orders on 20.3.2025, which are being extended from time to time. A counter affidavit is filed on behalf of respondent No.5. Be that as it may. 2. Heard Learned Counsel on both sides. 3. During the course of hearing, it is brought to the notice of this Court that a detailed counter affidavit was filed on behalf of the respondents before the learned Tribunal and the O.A., along with the miscellaneous application is posted on 24.9.2025 for consideration, circumstances this Court expressed the view that instead of examining the present writ petition on merits, it would be appropriate to dispose of the same, leaving it open to both sides to address their respective arguments before the learned Tribunal. The counsel on both sides agreed for disposal, however with a request to stipulate time for disposal of the matter before the learned Tribunal. 4. In the said 3 WP 6014 2025 At this juncture, Mr.Thandava Yogesh, learned counsel for the petitioner states that a counter affidavit running into 140 pages was sought to be served through email and he rebeived only 62 pages. He submits that though he is ready to advance arguments before the learned Tribunal, unless sufficient time is granted to enable him to secure a copy of the entire counter affidavit and file reply to the same, the petitioner would suffer serious prejudice. While noting the said submission, this Court leaves it open to the learned counsel to make appropriate request before the learned Tribunal. Be that as it may. 5. r> As the O.A., is listed before the learned Tribunal, this Court, without expressing any thing on the merits, dispose of the writ petition providing that the learned Tribunal shall make endeavour to dispose of either the M.A., or the O.A., itself as expeditiously as possible, strictly in accordance with law, after giving due opportunity to both sides, within a period of six (6) weeks from the date of receipt of a copy of this order. Till appropriate orders are passed by the learned Tribunal, the interim order granted by this Court on 20.3.2025 shall continue. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. 6. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER " S'yLSTelanran"' Bench a. Accountant General Audit, Andhra Pradp-^h 3 The Seniof’n '^'^^'^^^^■^20002 5 Onecrtn J^andava Yogesh, Advocate [OPUC] 6.' Two CD Copies To, Cnr HIGH COURT DATED;23/09/2025 ORDER WP NO. 6014 OF 2025 g 2 5 SFP 2n?5 ^ . Curreni section DISPOSING OF THE W.P. WITHOUT COSTS