HC Directs Govt To Reconsider Transfer of Employees From AP

 Hyderabad: A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, disposed of four similar writ petitions pertaining to the action of the State of Telangana in not according consent for permanent interstate transfers in pursuance of   letter addressed by the State of Andhra Pradesh to the State of Telangana. The petitioners in each of them contended that the same was illegal, discriminatory, and malafide. The petitioners sought a direction from Telangana to accord consent for permanent interstate transfers of the Petitioners from Andhra Pradesh to Telangana and allow the petitioner to join in Telangana at the respective unit immediately after relieving the petitioner from the State of Andhra Pradesh. The court directed the state government of Telangana to consider the representations of the petitioners in all four writ petitions and disposed of the matter.

HC Allows Restoration of Two IOC Outlets’

Justice S. Nanda of the Telangana High Court allowed two writ petitions relating to the restoration of retail outlets of Indian Oil Corporation at Kompally and Madhapur within three weeks. The judge allowed two writ petitions filed by Sri Venkateshwara service station questioning the failure on the part of IOCL in restoring the retail dealership of the two outlets based upon an arbitral award made in its favour in March 2010. In another writ petition, the termination of the dealership and rejection to restore has also been challenged. It is the case of the petitioner that the service station in question was reorganized under the dealership agreement permitting the original dealer to induct his daughter as a partner. The factual narrative would state that on a chance visit, an official of IOCL noticed that a truck came to the petitioner's retail outlet and that it was decanting some unknown product, this led to the termination of the petitioner's contract and the appointment of a sole arbitrator to adjudicate the dispute between the parties. The arbitral award declared the termination as illegal and invalid. The tribunal further held in favour of the claimant that it was entitled to restoration of the dealership. It is this award, which was not challenged by IOCL, that the petitioner wanted implementation. Justice Nanda in her 32-page order quoted the clear findings of the Arbitral Tribunal in favour of the writ petitioner. The court faulted the termination order as one “passed hastily without application of mind, in a very cryptic manner without reasons except stating that it will not be in public interest to restore the dealership though the arbitrator held that the termination is bad in the award passed.” Rejecting the plea that the writ petition was misconceived she pointed out that the “corporation failed to act in a fair and reasonable manner and in fact acted arbitrarily affecting petitioner’s right to livelihood on a same set of allegations which were held to be invalid in the Award passed by the Arbitrator.”

Gadwal Municipal Chief’s Order Set Aside

Justice T. Vinod Kumar of the Telangana High Court set aside an order of the commissioner, Gadwal municipality directing the removal of unauthorized construction. The judge was dealing with a writ plea filed by K. Narsimlu, who complained that the municipal commissioner had issued directions to remove the construction within seven days, which was illegal and against the principles of natural justice. He argued that a reply was given to the show cause notice and the authorities without considering the reply had proceeded to issue removal orders. Justice Vinod Kumar after perusing the records disposed of the writ petition by setting aside the order. The judge, however, made it clear that the respondents were at liberty to take action in accordance with law.

HC Defers Plea of LLB Aspirant

Justice N.V. Shravan Kumar of the Telangana High Court deferred a writ plea challenging seat allotment to a LLB candidate in Hanamkonda. The judge was dealing with a writ petition filed by Rakshit Kumar Dhotre, a student and resident of Shamsheergunj, Hyderabad. The petitioner complained that He was allotted Adarsha Law College in Hanamkonda, in the second phase of counselling. The petitioner stated that he had secured 2336 rank in LAWCET 2023 and argued that the allotted college is approximately 150 km away from his home, which would hamper his academics. The petitioner sought for a direction to allot a seat to him in a Hyderabad-based law college. The petitioner also stated that Saturday was the last day for fee payment and document verification for the allotted college. The judge, considering the sensitivity of the case, directed the university’s counsel to seek instructions promptly and accordingly posted that matter to December 26.