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2024 DIGILAW 755 (TS)

Balram Jadhav v. State of Telangana

2024-09-13

PULLA KARTHIK

body2024
ORDER : 1. Since the lis in both these writ petitions is one and the same, they are heard together and are being disposed of by way of this common order. 2. Aggrieved by the action of the respondents in not considering the case of the petitioners, who are office bearers of the Government Junior Lecturers’ Association, Telangana and the Telangana Government College Teachers’ Association, respectively, for continuing them in their respective places of work, the present writ petitions are filed. 3. Heard Sri M. Surender Rao, learned Senior Counsel, representing Sri Srinivasa Rao Madiraju, learned counsel for the petitioners in both these writ petitions, and Sri S. Rahul Reddy, learned Special Government Pleader, representing the learned Additional Advocate General, on behalf of the respondents. 4. Learned Senior Counsel for the petitioners submits that the petitioners are office bearers of their respective employees’ associations, viz. the Government Junior Lecturers’ Association, Telangana, and the Telangana Government College Teachers’ Association, and that these associations are recognized the government of former State of Andhra Pradesh. As such, the government provided the office bearers certain privileges, particularly, the facility of exemption from transfers from districts, divisions, taluks or headquarters. The said facility was available to all the office bearers not restricting them to the Presidents and Secretary, but the same is limited for a continuous period of six years only. It is further submitted that after formation of the State of Telangana in terms of the Andhra Pradesh Reorganization Act, 2014, the Government of Telangana issued G.O.Rt. No. 515 dated 16.03.2018, according the Other Duty facility to the Presidents and Secretaries of eleven service associations operating in this State. While so, in the year 2018, the Government lifted ban on transfers and issued transfer guidelines vide G.O.Ms. No. 61 dated 24.05.2018. Further, the Government has issued G.O.Rt. No. 116 dated 06.06.2018 framing certain guidelines for transfer of lecturers working in the Intermediate Education Department, and specific benefit of retention was provided to the office bearers of recognized employees’ unions, under Paragraph 9(c) of the said guidelines. 5. It is further submitted that in the above circumstances, some of the office bearers of the associations, for whom the benefit of stay has not been granted, approached this Court and filed W.P. Nos. 5. It is further submitted that in the above circumstances, some of the office bearers of the associations, for whom the benefit of stay has not been granted, approached this Court and filed W.P. Nos. 21502, 21573 and 21574 of 2018, and this Court was pleaded to grant interim orders in I.A. No. 1 of 2018 in the said writ petitions on 26.06.2018 directing the respondents to apply the benefit of paragraph 9(c) of the guidelines in the impending transfer counseling exercise treating them as representatives of the Government Junior Lecturers’ Association, Telangana, and the petitioners are continuing in their respective places of work by virtue of the said order. While the matter stood thus, the Government has issued G.O.Ms. No. 80 dated 03.07.2024 lifting the ban on transfer of employees working in the State Government, and in terms of the said G.O., the Department of Higher Education issued G.O.Rt. No. 118 dated 15.07.2024 framing certain guidelines for transfer of employees working in Collegiate Education, Technical Education and Intermediate Education Departments. In the said G.O., specific priority category is given to the office bearers of employees’ unions, recognized by the Government, under paragraph 6(c), which categorically stated that the instructions issued in Circular Memo No. 20914/SW-1/ A2/2012-1 dated 26.06.2012 read with Circular Memo No. 20914/SW-1/A2/2012-2 dated 30.06.2012 shall be followed scrupulously. 6. It is further submitted that the petitioners’ associations were officially recognized way back in 1981 and 1996 respectively vide G.O.Ms. No. 624, General Administration Department, dated 01.12.1981 and G.O.Ms. No. 3, Higher Education (VC.I) Department, dated 03.01.1996, and that the office bearers of the associations were granted exemption from transfers whenever those transfers were effected. Further, the Government Junior Lecturers’ Association, Telangana, held its elections on 02.01.2021 and the term of office bearers is three years which ended on 31.12.2023. However, fresh elections could not be conducted due to various reasons, and therefore, the association passed a resolution on 26.11.2023 to continue the present body till conduct of elections and it was further decided to conduct the elections as expeditiously as possible. Likewise, the Telangana Government College Teachers’ Association conducted its elections on 30.04.2024, and the term of the office bearers is two years respectively, which ends by 29.04.2025. As such, all the petitioners are still employed as office bearers of their respective employees’ associations. While the things stood thus, in view of the guidelines issued in G.O.Rt. Likewise, the Telangana Government College Teachers’ Association conducted its elections on 30.04.2024, and the term of the office bearers is two years respectively, which ends by 29.04.2025. As such, all the petitioners are still employed as office bearers of their respective employees’ associations. While the things stood thus, in view of the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024, the respondents are not taking into consideration the services of the petitioners as office bearers and are not granting any exemption from transfers. Further, the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024 are consequential to the guidelines issued in G.O.Ms. No. 80 dated 03.07.2024, and the Department of Higher Education did not indicate any guidelines for transfer of office bearers as mentioned in G.O.Ms. No. 80 dated 03.07.2024. Therefore, as the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024 did not provide any instructions with regard to transfer of office bearers of employees’ unions recognized by the Government, paragraph 6(c) of G.O.Ms. No. 80 dated 03.07.2024 shall be read as a part of G.O.Rt. No. 118 dated 15.07.2024. However, because of not incorporating any standard instructions, the Department is proceeding with transfer counseling without any priority and without adhering to the guidelines provided in G.O.Ms. No. 80 dated 03.07.2024. As such, the said action of the respondents is illegal and arbitrary. Therefore, learned Senior Counsel for the petitioners prays this Court to pass necessary orders in these writ petitions. 7. Per contra, learned Special Government Pleader for the respondents submits that, after formation of the State of Telangana, the Government vide Memo No. 6373/SW-/A1/2018-1 dated 08.06.2018, declared that no associations are recognized by the State of Telangana as of that day. However, the facility of Other Duty was given to some of the associations as per the list annexed therein, and orders were issued vide Memo No. 3186/IE/A1/2018 dated 21.06.2018 extending the benefit of Other Duty facility to the office bearers of the Government Junior Lecturers’ Association, Telangana. It is further submitted that the Government vide G.O.Ms. No. 80 dated 03.07.2024, relaxed ban on transfers and postings of employees duly formulating certain guidelines and instructions. In the said G.O., it was also stated that “based on this policy, Education Department will formulate detailed operational guidelines for transfer of Teachers/Lecturers.” Accordingly, the Government vide G.O.Rt. It is further submitted that the Government vide G.O.Ms. No. 80 dated 03.07.2024, relaxed ban on transfers and postings of employees duly formulating certain guidelines and instructions. In the said G.O., it was also stated that “based on this policy, Education Department will formulate detailed operational guidelines for transfer of Teachers/Lecturers.” Accordingly, the Government vide G.O.Rt. No. 118, Higher Education (CE) Department, dated 15.07.2024, has issued guidelines for transfer of teaching and non-teaching staff working in Government Junior Colleges in the Intermediate Education Department. As per Paragraph 4 of the said guidelines, the criteria for transfers is that those who have completed five years or above stay in a particular station as on 30.06.2024 shall be transferred, and that those who have put in more than two years of service in a particular station as on 30.06.2024 shall be eligible to apply for transfers. However, no exemptions have been provided for office bearers or any other category of employees. 8. It is further submitted that the Government vide Circular Memo No. 2550623-A/206/A1/HRM-1/2024-1 dated 12.07.2024 has clarified that station means place (city, town or village) of actual working for the purpose of transfers and not the office or institution. In the said orders, it was also clarified that the city of Hyderabad i.e., GHMC limits can be treated as one station for the purpose of transfers, in the cases where the office in question is located within GHMC limits. Further, in Paragraph 4(c) of G.O.Rt. No. 118 dated 15.07.2024, the Government has issued clear orders that the service rendered in all cadres at a station (city, town or village) will be counted while calculating the period of stay in that particular station. It is further submitted that in Paragraph 8(a) of the said G.O., the Government has ordered that based on this transfer policy, Education Department will formulate detailed operational guidelines for transfer of teachers/lecturers, and accordingly, G.O.Rt. No. 118 dated 15.07.2024, wherein, the transfer guidelines for Departments of Collegiate Education, Technical Education and Higher Education were issued, and in the said G.O., the Government has not issued any orders with regard to Paragraph 6(c) of G.O.Ms. No. 80 dated 03.07.2024 for retention of the office bearers of recognized service associations. Accordingly, the Department of Higher Education has conducted transfer counseling as per the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024. Hence, G.O.Ms. No. 80 dated 03.07.2024 for retention of the office bearers of recognized service associations. Accordingly, the Department of Higher Education has conducted transfer counseling as per the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024. Hence, G.O.Ms. No. 80 dated 03.07.2024 has no application to the Department of Higher Education. Further, the petitioners also participated in the transfer counseling and transferred to their respective places as per the options exercised by them. 9. It is further submitted that in the earlier transfer counseling held in the year 2018, as per the orders issued in G.O.Ms. No. 61 dated 24.05.2018, the Department of Higher Education has issued transfer guidelines for transfer of employees working in the Intermediate Education Department vide G.O.Rt. No. 116 dated 06.06.2018, wherein, the benefit of Other Duty facility to the office bearers was extended as per Paragraph 9(c) of G.O.Rt. No. 116 dated 06.06.2018. Keeping in view the said circumstances, this Court was pleased to grant relief in the earlier writ petitions, directing the respondents to extend the benefit Paragraph 9(c) of the guidelines therein vide G.O.Rt. No. 116 dated 06.06.2018, whereas, in the present transfer guidelines i.e., G.O.Rt. No. 118 dated 15.07.2024, no such benefit was granted. Therefore, the petitioners are not entitled for grant of the said benefit. It is further submitted that the petitioners have failed to challenge the guidelines issued in G.O.Rt. No. 118 dated 15.07.2024. Thus, they are not entitled to seek any relief, much less relief as sought in the present writ petition. Therefore, it is prayed to dismiss the present writ petition. 10. This Court has taken note of the rival submissions made by the learned counsel appearing for the respective parties and perused the record. 11. Admittedly, the Government has relaxed ban on transfers vide G.O.Ms. No. 80, Finance (HRM-I) Department, dated 03.07.2024, and framed certain guidelines for effecting transfers and postings of employees. Paragraph 6-C of the said G.O. deals with transfer of office bearers of employees’ unions. The said guideline is extracted hereunder: “6. Qualifying service & criteria: (C) The standing instructions on the transfers of office bearers of employees unions recognized, by the Government, as issued in Circular Memo No. 20914/SW-I/A2/2012 of G.A. (Services Welfare-I) Department, dated 26-06-2012 read with Circular Memo No. 20914/SW-I/A2/2012-2 of G.A. (Services Welfare-I) Department, dated 30-06-2012 shall be followed scrupulously.” 12. The said guideline is extracted hereunder: “6. Qualifying service & criteria: (C) The standing instructions on the transfers of office bearers of employees unions recognized, by the Government, as issued in Circular Memo No. 20914/SW-I/A2/2012 of G.A. (Services Welfare-I) Department, dated 26-06-2012 read with Circular Memo No. 20914/SW-I/A2/2012-2 of G.A. (Services Welfare-I) Department, dated 30-06-2012 shall be followed scrupulously.” 12. A perusal of record discloses that, as per Paragraph 8 of the aforesaid G.O.Ms. No. 80, the Government vide G.O.Rt. No. 118, Higher Education (CE) Department, dated 15.07.2024, has issued specific transfer guidelines for the transfer of employees working in Collegiate Education, Technical Education and Intermediate Education Departments. In this regard, it is pertinent to refer to Paragraph 8 of G.O.Ms. No. 80 dated 03.07.2024, and the relevant portion of the said paragraph is extracted as under: “8. Special provisions for certain departments: (A) Based on this transfer policy, Education Department will formulate detailed operational guidelines for transfer of Teachers/Lecturers. ........... (C) The above mentioned departments, wherever required, may modify the existing Government Orders to meet their departmental requirements.” 13. It is evident from the above that the Higher Education Department is at liberty to create its own transfer policy and in pursuance of the said guideline, the Department of Higher Education has formulated transfer guidelines vide G.O.Rt. No. 118 dated 15.07.2024. As such, it can be inferred that the previous G.O.Ms. No. 80 dated 03.07.2024 does not apply to the transfers of employees working in the Collegiate Education, Technical Education and Intermediate Education Departments i.e., the petitioners herein. It is appropriate to note that although G.O.Ms. No. 80 dated 03.07.2024 contains a provision regarding the transfer of office bearers of recognized employees’ associations, G.O.Rt. No. 118 dated 15.07.2024 does not contain a similar provision, and based on the said transfer guidelines, the Higher Education Department has carried out transfers. In the light of the same, this Court is of the opinion that the petitioners cannot seek a direction to extend the benefit mentioned in Paragraph 6-C of G.O.Ms. No. 80 dated 03.07.2024, unless and until they challenge the said G.O.Rt. No. 118 dated 15.07.2024. 14. It is also noteworthy to mention that a similar situation occurred during the general transfers of the year 2018. The Government relaxed the ban on transfers vide G.O.Ms. No. 80 dated 03.07.2024, unless and until they challenge the said G.O.Rt. No. 118 dated 15.07.2024. 14. It is also noteworthy to mention that a similar situation occurred during the general transfers of the year 2018. The Government relaxed the ban on transfers vide G.O.Ms. No. 61, Finance (HRM-I) Department, dated 24.05.2018, and in pursuance of Paragraph 3-VI(a) therein, the Higher Education Department vide G.O.Rt. No. 116, Higher Education (IE.I) Department, dated 06.06.2018, framed guidelines for transfer of employees working in the Department of Intermediate Education. Paragraph 9(c) of the said G.O.Rt. No. 116 dated 06.06.2018 provided specific instructions prohibiting the transfer of office bearers of the recognized employees’ unions. After taking the aforementioned provision into account, this Court was pleased to grant interim orders dated 26.06.2018 in I.A. No. 1 of 2018 in W.P. Nos. 21502, 21573 and 21574 of 2018, directing the respondents to apply the benefit of paragraph 9(c) of the guidelines to the petitioners therein. In the instant case, as was done in the year 2018, the Government has issued G.O.Rt. No. 118 dated 15.07.2024. However, no instructions are provided with regard to transfer of employees serving as office bearers of recognized employees’ associations. As such, the petitioners herein cannot seek for a similar relief as was provided in the year 2018. Moreover, since the petitioners herein failed to challenge the vires of G.O.Rt. No. 118 dated 15.07.2024, they cannot seek a direction to extend the benefit provided at paragraph 6-C of G.O.Ms. No. 80 dated 03.07.2024. 15. In view of the above made discussion, this Court does not find any merits in these writ petitions, and the same are liable to be dismissed. 16. Accordingly, the Writ Petitions are dismissed. 17. Miscellaneous applications, if any, pending in these writ petitions, shall stand closed. No costs.