High Court · 2025

stitution of lndia praying that in the ith, the High Court may be pleased proceedings of District Educational Dated 06/01/2022wilh reference to G I and is contrary to the interim order f 2019 dt MlO1l2O19 r/w order dt e Appendix thereto are illegal and he Constitution of lndia and further rder issued in G O Ms No 317 dt lA NO: 1 OF 2022 Petition under Section 151 CpC prayi the affidavit filed in support of the petition consider the Respondent g that in the circumstances stated in tlrc High Court may be pleased to representation dated 15-12- O21 and 31l12l2021Pending with Counsel for the Petitioner: SRl. G GANGA VENU GOPALA KRISHNA Counsel for the Respondents: GP FOR EDUCATION The Court made the following: ORDER HON'BLE MRS. JUSTI E SUREPALLI NANDA- ORDER: P T o 744 F counsel '_ Heard Sri Ganga Ven appearing on behatf learned Government pleader behalf of the respondents. Gopala Krishna, learned of the petitioner and the or Education appearing on 2 e I e Draver as under: c ......to D GA issue a writ of proceedings of District Edu No.ES/SC/BI-;ADlSCAS/0046 reference to G.O.Ms.No.317 illegal and is contrary to the int No.346 and Wp No.1807 of 2 order dt. 05.02.2021 and the Appendix thereto are iilegal article 14, 16 and 21 of the Co further declare that has satisfied rssued in G.O.Ms.No.317 dt.6.72. 0 I

3. The case of the petitioner, appointed as a teacher in 2006 unde by the persons with Disabilities Act, petitioner developed chronic kidney andamus declaring the tional Officer in proc. ted 06-07-2022 with sPF) dr. 06.72.2027 is nm order made in Wp 9 dt. 04.0t.20t9 r/w idelines issued in the d arbitrary violative stitution of India anci ln pursuance of order 021 and pass....,, brief, is that he was the reservation provided 1995. SubsequenUy, the disease and has been 2 SN,J W.P.No.7445 2022 undergoing dialysis thrice a week since 2018 at Care Dialysis and Kidney Centre, Khammam, as certified by the Telangana Vaidya Vidhana Parishad Medical Board. The Government of Telangana issued G.O. Ms. No. 317 dated 06.12.202t for the allotment of staff to new local cadres under the Presidential Order, 2018. Clause 22(c) ot the said G.O. provides special consideration for employees suffering from serious medical conditions such as kidney failure requiring regular dialysis. Despite this, .s5p6.6.., No.3- the District Educational Officer, Khammam issued proceedings vide Proc. No. ES/SC/KH/BHAD/SCAS/0385 dated 22.L2.2021, transferring the petitioner to Bhadradri Kothagudem, which iacks dialysis facilities, thereby risking serious health complications. Aggrieved by the same, the petitioner filed the present writ petition. PERUSED THE RECORD: A) The relevant ortion of the oroceedin qs of the resoonde t No.3-the District Educational Officer, Khamm am vide Proc. Na FC/ sc KH BHAD/ScAs/ 0385 dated 22.L2.2O2L issued o the oetitioner herein is extracted hereunder: I 3 SN,J vl .P.No.7445_2OZZ "in pursuance of the ParagraPh 4 of the Telanga (Organization of Local Cadres a Recruitment) Order, 2018, th issued in the reference Znd c made bY the Committee authori the following allotment is order rovisions contained in a Public EmPloyment d Regulation of Direct Order and Guidelines ted and the allotment ed by the Government, Employee Name Employee ID ]EEVAN GUDLA t644471 Employee Mobile Number 9908888415 School Assistant (English) Khammam Bhadradri agudem ted to rePort to Your above within 3 days Designation (MPP/ZPP) Erstwhile Local Cadre Allotted New Local Cadre Kot You are herebY dire new Local Cadre mentione from issue of orders." CU co CL sro

4. Learned counsel appearlng submits that, the resPondent N

22.L2.202t, wherebY the Petitione on behalf of the Petitioner .3 issued the order dated was directed to rePort to the new local cadre, i.e., Bhadradri Ko hagudem, as School Assistant i 1 I i I ; 4 w.P.No 744s #i (MPP/ZPP) (English) against which the petitioner submitted a detailed representation to the District Educational Officer, Bhadradri Kothagudem i.e., respondent No.3 herein. In the appeal, the petitioner specifically contended that the petitioner has been advised to undergo dialysis, as certified by the Telangana Vaidya Vidhana parishad Medical Board, Khammam, hence the petitioner is entired to have his request considered in accordance with G.O. Ms. No. 317 dated 06.12.202t. However, the petitioner,s appeal dated 3L.12.202L has not been considered by respondent No.3 as on date. Aggrieved by the inaction, the petitioner filed the present writ petition, as the action of the respondents is contrary to the interim orders passed by this Court in W.p. No. 346 of 2019 and W.p. No. 1807 of 2019, dated 04.OL.2}lg and 05.02.2021, respectivety. 5. Learned Assistant Government pleader for Education, appearing on behalf of the respondents, submits that the writ petition may be disposed of by directing the respondent No.3 to consider the grievance of the petitioner, as put forth in the petitioner,s representations dated tS.tz.ZO2I- and gt.1;2.zffzt, addressed to the District Educational Officer, Bhadradri Kothagudem, i.e., respondent No.3 herein. 6 5 SN,J W.P.Na.7445 2OZ2 eh t fth eti h ot di b m de e Assi stant Govern n ea er e b resDonde ts. 7 N NT c SID ON: a) The aforesaid facts and ci umstances of the case, b) The submissions made by the learned counsel appearing on behalf of the p titioner and the learned r Education appearing on Assistant Government p!eader behalf of the respondents, c) The proceedings of the D strict Educationat Officer, Khammam vide proc. No. ES sc/KH/BHAD/SCAS/O385 dated 22.12,2O21 pertaining t allotment of new locat cadre to the petitioner (referre to and extracted above) and, I I d) The contents of the p itioner's representations dated J-5.t2.201t and 31.12. O2L addressed to the District Educational Officer, K mmam 1.e., respondent No.3 herein and also District Ed ational Officer Bhadradri Kothagudem, 6 SN,J W.P.No.7445 2OZZ The writ petition is disposed of directing the respondent No.3 to considei the grievance of the petitioner as put forth by the petitioner vide petitioner,s representations dated LS.L2.ZOZI- and 31-.LZ.2OZL addressed to the District Educational Officer, Khammam and to the Dietrict Educationat Officer, Bhadradri Kothagudem Dastrict respectively and pass appropriate orders, in accordance to law, within a period of three(3) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner herein. However, there shall be no order as to costs, Miscellaneous applications, if any, pending shall stand closed. \ \ To, //TRUE COPY// Sd/- L. LAKSHMI BABU DEPUTY REGISTRAR SEC N OFFICER '1 . The Principal Secretary School Education Department, Secretariat Hyderabad 2. The Commissioner and Director of School Education, Government of Telangana 1St floor C Block, Saifabad Hyderabad

3. The District Education Officer, Khammam District, Telangana State. 4 One CC to SRl. G GANGA VENU GOPALA KRISHNA Advocate [OPUC] 5. Two CCs to GP FOR EDUCATION,High Court for the State of Telangana.

6. Two CD Copies (n KKS PVL HIGH COURT DATED:1610612025 ORDER WP.No.7445 of 2022 Ro k ,q r..i o (a 11 AUE 2M )' 7 )..'v t .'\.. .i DISPOSING THE WRIT PETITION WITHOUT COSTS (+ \a T