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2025 DIGILAW 573 (TS)

M. Gangadhar v. State of Telangana

2025-05-02

SUREPALLI NANDA

body2025
ORDER : SUREPALLI NANDA, J. Heard Sri M. Prateek Reddy, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I , appearing on behalf of respondent Nos.1 to 3 and Sri Shaik Karimulla, learned counsel appearing on behalf of respondent No.4. 2. The petitioner approached the Court seeking prayer as under: “ …. to issue an order or orders or direction or writ more particularly in the nature of Mandamus declaring the action of the Respondents No.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara Dist, TS., to DMU Mulugu of Zone-I Kaleswaram to accommodate the Respondent No.4 in the petitioners place of working alleging mutual transfers vide. Proc.No.A1-21-2022, Dt.3-11-2022 issued by the Respondent No.3 in favor of the Respondent No.4 as illegal, arbitrary, discriminatory, unconstitutional, unjust, vindictive, baseless, unilateral and violative of the Articles 14 and 16 of the Constitution of India, the principles of natural justice and null and void and contrary to the Telengana Public Employment Organization of Local Cadres are Regulation of Direct Recruitment Order 2018 and Guide Lines issued in the GO. Ms. No. 317 GAD (SPF-I) Dept, Dt.6-12-2021 and consequently direct the Respondents to restore the petitioner to his working place of at DMU Nirmal, Zone - II, Basara Dist, TS., by shifting the Respondent No.4 to DMU Mulugu of Zone-I Kaleswaram or else create a supernumerary post to the Respondent No.4 as stated in the Proc.Rc.No.E2/215/2022, Dt.11-10-2022 issued by the Respondent No.2 to meet the ends of justice and pass...” 3. The case of the petitioner in brief is that as per G.O.Ms.No.317 GAD (SPF-I), Dept, Dated 06.12.2021 the petitioner had been allotted to the new local cadre Zone-II (Basara) from the erstwhile cadre Zone V, vide Proc. dated 25.12.2021 issued by the respondent No.3. Behind the back of the petitioner, the Respondent No.4 filed W.P. No. 10462 of 2022 before this Court declaring the action of the respondent No.2 in not considering the Appeal dated 25.01.2022 of the petitioner thereunder for transferring her from Zone-I Kaleswaram to Zone-II Basar as per her first option as illegal and consequently sought a direction to respondent No.2 to consider and dispose of the Appeal dated 25.01.2022 of the petitioner. Respondent No.2 had rejected the Appeal dated 25.01.2022. Respondent No.2 had rejected the Appeal dated 25.01.2022. The petitioner herein submitted representations dated 11.11.2022 and 25.11.2022 to the respondent Nos.1 to 3 to restore the working place of the petitioner at DMU Nirmal Zone-II, Basara District by shifting the respondent No.4 to DMU Mulugu of Zone-I Kaleswaram. Aggrieved by the action of the respondent Nos.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara District to DMU Mulugu of Zone-I Kaleswaram, the petitioner approached the Court by filing the present writ petition. 4. It is the specific case of the petitioner that respondent No.4 approached the Court on earlier occasion by filing W.P. No.10462 of 2022 seeking prayer as under: “ …. to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 not considering and disposing off the Appeal dated 25/01/2022 made by the Petitioner for transferring her post from Zone-I Kaleshwaram to Zone-II Basar, as per her First Option, as illegal, unjust, arbitrary arid violates of Articles 14 and 16 of the Constitution of India contrary to in accordance with the Telangana Public Employment (Organization of Local Cadres are Regulation of Direct Recruitment) Order, 2018 and guidelines issued in G.O.Ms.No.317 GAD (SPF-1) Dept., Dt. 06/12/2021 and consequently direct the Respondent No.2 to consider and dispose off the Appeal dated 25/01/2022 submitted by the Petitioner for transferring her post from Zone-I Kaleshwaram to Zone-II Basar in accordance with the Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018 and guidelines issued in G.O.Ms.No.317 GAD (SPF-1) Dept., Dt. 06/12/2021 and to pass...”. 5. I n the said writ petition, the 4 th respondent herein had obtained interim order dated 28.02.2022 passed in I .A. No.1 of 2022 in favour of the 4 th respondent herein and the same is extracted hereunder "Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents and perused the record. Petitioner contends that she was appointed as Junior Assistant, on compassionate grounds, on 28.05.1997, and was allotted to the erstwhile local cadre of Zone V; that while implementing G.O.Ms. Petitioner contends that she was appointed as Junior Assistant, on compassionate grounds, on 28.05.1997, and was allotted to the erstwhile local cadre of Zone V; that while implementing G.O.Ms. No.3l7 General Administration (SPF-I) Department, dated 06.12.2021, the respondents have allotted the petitioner to Zone I - Kaleshwaram, vide order dated 25.12.2021, ignoring the fact that her appointment is under compassionate grounds and that her posting from the existing place of working will result in disturbance to her family members, who are already in trauma and that her case has to be considered in terms of Guideline No.22 of the above said G.O. Petitioner further contends that, in similar circumstances, a Division Bench of this Court, in W.P. No.9798 of 2022 by order dated 23.02.2022, interdicted the respondents in applying Guideline No.22 only to widows, who were granted employment on compassionate ground and not to other widows and held that there cannot be any discrimination between widows, with further relief of staying the impugned proceedings therein. Petitioner thus contends that her case is to be considered, since her appointment itself is on compassionate ground, which is covered by Guideline No.22 of G.O.Ms.No.3l7 General Administration (SPF-I) Department, dated 06.12.2021, and ignoring the above said guideline, the respondents have allotted the petitioner to the local cadre of Kaleshwaram. Prima facie I find force in the above said submission. Having regard the interim order granted by the Division Bench of this Court in W.P. No. 9798 of 2022 dated, 23.02.2022 and for reasons alike as were stated therein, the impugned proceedings of the respondents in Proc.No. RE/SU/ZV/ZI/SEAS/ 0009, dated 25.12.2021 allocating the petitioner to local cadre of Zone-I Kaleshwaram is hereby suspended until further orders. The respondents are directed to issue necessary relieving orders to the petitioner to report back to the place of earlier posting." 6. The respondents are directed to issue necessary relieving orders to the petitioner to report back to the place of earlier posting." 6. The learned counsel appearing on behalf of the petitioner in the present writ petition contends that the said interim order 28.02.2022 passed in I.A. No.1 of 2022 in favour of the 4 th respondent herein was behind the back of the petitioner herein and in clear violation of the principles of the natural justice thereby the petitioner was transferred from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara District, T.S. to DMU Mulugu of Zone-I, Kaleswaram to accommodate the respondent No.4 herein in the petitioner’s place of working alleging mutual transfers vide Proc.No. A1- 21-2022, dated 03.11.2022 issued by the respondent No.3 in favour of respondent No.4 illegally and arbitrarily. 7. In view of the fact as borne on record that the appeal preferred by the 4 th respondent herein had been rejected vide Government Memo No. 11616/Ser.I/2022, Revenue (Ser.I) Dept, dated 28.06.2022 of the 1 st respondent herein, and further, in view of the fact that the writ petition No.10462 of 2022 preferred by the 4 th respondent had also been dismissed by this Court vide its order dated 02.05.2025, this Court opines that the petitioner herein is entitled for consideration of petitioner’s case as put forth by the petitioner in the present writ petition and also through petitioner’s representations, dated 11.11.2022 and 25.11.2022 pertaining to restoration of the working place of the petitioner to DMU Nirmal Zone-II, Basara District. 8. Taking into consideration : (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of respondent No.4, (c) The fact as borne on record that the interim order granted by this Court on 28.02.2022 passed in I .A. No.1 of 2022 in W.P. No.10462 of 2022 had been the basis for effecting the transfer of the petitioner herein from the post of Senior Assistant from DMU Nirmal, zone-I I , Basara District T.S. to DMU Mulugu of Zone-I Kalesw aram to accommodate the respondent No.4 in the petitioner’s place of w orking alleging mutual transfers vide Proc. No. A1-21-2022, dated 03.11.2022 issued by the respondent No.3 in favour of 4 th respondent and in view of the fact as borne on record that the Writ Petition No.10462 of 2022 filed by 4 th respondent herein seeking prayer for disposal of appeal preferred by the 4 th respondent for change of local cadre having been examined by the Government had been rejected by the Government vide proceedings dated 28.06.2022 having been dismissed by this Court vide its order, dated 02.05.2025. The Writ Petition is disposed of directing the respondent Nos.1 to 3 to consider the grievance of the petitioner as put forth in the present w rit petition and also through representations dated 11.11.2022 and 25.11.2022 pertaining to restoration of w orking place of the petitioner at DMU Nirmal, zone-I I , Basara District, Telangana State by shifting respondent No.4 to Mulugu of Zone-I Kalesw aram, or in the alternative to consider the request of the petitioner by creating one supernumerary post of Senior Assistant at Nirmal District, Zone-I I for posting of the respondent No.4 as stated in the Proc.Rc.No.E2/ 2015/ 2022, dated 11.10.2022 issued by the respondent No.2 to the 1 st respondent and pass appropriate orders, w ithin a period of tw o (2) w eeks from the date of receipt of a copy of this order, in accordance to law , in conformity w ith principles of natural justice by providing an opportunity of personal hearing to both the petitioner and respondent No.4 herein. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.