Adaboina Vijayabhaskar Reddy v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction, more particularly one in the nature of writ of mandamus by declaring that the order of allotment issued to the Petitioner vide proc.no.HM/lN/Z|VISATA/0001, d1.28.12.2O21, is wholly illegal, arbitrary, unconstitutio nal and violative of Article 14, 16 and 21 ol lhe Constitution of lndia read with Presidential order issued vide Go.Ms.N0.317, dt.O6.12.2021 instructions and guid'elines issued thereunder and consequently direct the Respondents to allot the Petitioner to Zone lll Karimnagar as opted by the Petitioner in terms of the presidential order in the interest of justice. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to examine the representation/a ppea I submitted by them dt.3o.12.2021 for posting and joining at the allotted place pending disposal of the writ petition. Counsel for the Petitioner: SRI AVADESH NARAYAN SANGHI Counsel for the Respondents: GP FOR SERVICES ll The Court made the following: ORDER I HON,BLE MRS. JUSTICE SUREPALLI NANDA R P o No 2 OF o2 ORDER: Heard Sri Avadesh Narayan Sanghi, learned counsel appearing on behatf of the petitioner and the learned GovernmentPleaderforServices-Ilappearingonbeha!fof the resPondents. 2 TheDetitio er ooroachedth sCourt seekino oraver as under: Petitioner t'....to issue an appropriate writ order or direction, more particularly one in the nature of writ of mandamus by declaring that the order of allotment issued proc.no.HM/IN/ZIVISATA/0001, dt'28'12'2021' is wholly illegal, arbitrary, unconstitutional and violative of Article 14, 16 and 2l of the Constitution of lndia read with Presidential Order issued vide GO'Ms'No'317' dt.06.L2.2021 instructions and guidelines issued thereunder and consequently direct the Respondents to allot the Petitioner to Zone III Karimnagar as opted by the Petitioner in terms of the presidential order in the interest of justice and Pass...."

3. The case. of the petitioner, in brief, is that the petitioner was appointed as a Sample Taker in 1992 in the Water Quality 7- : I : I I 2 SN,J W.P.No.7221._2022 ar') Monitoring Laboratory, Karimnagar District. pursuant to G.O.Ms.No.317 and the presidential Order (Article 371_D), the Government undertook a cadre allotment exercise following the creation of new districts. Despite opting for Zone_III, Karimnagar his erstwhile district with existing vacancies, the petitioner was arbitrarily allotted to Zone_IV Warangal District, contrary to the guidelines under paras 73, 14, and 27 of G.O. Ms. No. 317. Though the petitioner submitted a detailed representation on 30.72.202L, the grievance oF the petitioner as on date remains unaddressed' Aggrieved by the same, the petitioner filed the present writ petition. PER SE TH E R ECo D: D U A) The releva nt ortlono th e 10. o2 .2o22 pa ss t rder of thi Court da s In I.A o. of 2 22 n the t entwrit I r e n r ,'Heard learned rearned Government o,a ror respon d e n,. u n o o" rrurl:T:'.:.Ti:es to'ntu' for the petitioner, - I I a p p ea ri n s t o P n a o a o 1t a h t e a t t n r u ho :ix&r.,1.,-.. -ffid w 3 SN,J W.P.N0.722! 2022 on3 o.12.2(J21 and the said aDDeal is De ndino consideration. Since it is admitted that the petitioner hes already availed the gemedy. as provided under Regulation 27 of guidelines issued under G.O.wis.No:317 General Administration (SpF -I) Department, d1.06.12.2021, oendinq further orders, 13.O 4.2022. a acco rda ce with Iaw." B) The releva nt ortion of s on o Dir the oroceedinos of the fDe stitut Medi fP HM/INlztvt SATA/Ooo1, dt.28.1 2.2021 issued to the Detit oner herei n is extra d hereunder: v N P "In pursuance of the provisions contained in Paragraph 4 of the Telangana public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018, the Order and Guidelines issued in the reference 2nd cited and the allotment made by the Committee authorized by the Government, the following allotment is ordered. Employee Name : VIJAYA BHASKAR REDDY ADABOINA Employee ID :1505404 4 SN,J W.P.No.7227 2022 Employee Mobile Number i 8247767667 Designation Erstwhile Local Cadre : Sample taker (Local Cadre) : Karim Nagar Allotted New Local Cadre : Zone-IV Bhadradri e d r ort .: ,l : ,! \ c e from issue of orders.,, 3 a DISCUSSIONA ND coNCLUSI N: the petitioner

4. Learned counsel appearing on behalf of submits that, in spite of the clear and specific findings of this Couft in the order dated 10.02.2022 passed in I.A. No. I of 2O2Z in favour of the petitioner, no further orders have been passed by the respondents as on date, duly considering the petitioner,s appeal preferred before the appelrate authority on 30.L2.202r, aggrieved by the allotment order dated 2g.L2.2021, issued to the petitioner. 5 A s r r b fth r mavbed lsDo on en ofb vdi rectinq the resD ondents to o r d e n I i I i I 5 SN,J w.P.N .7ZZ7 2022 ron3

2.20 urithin a reasonable Deriod.

6. Learned counsel t dis oner d aDDearano on behalf f the e said s issaon b the I arned Assi tant Gover ment Plead er aDDeannoon behalf of the resDon dents.

7. TAKI G INTO C NSIDERATIO N: 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 Assistant Government Pleader for Services-Il appearing on behalf of the resPondents, c) The allotment order of the respondent No.2 dated 2A.12.2O2L issued to the petitioner herein (referred to and I I extracted above) and, d) The order of this Court dated LO.O2.O2O22 passed in I.A.No.1 of 2022 in the present writ petition, which had not been implemented as on date. 6 SN,J W .P .No .7 221- 2022 The writ petition is disposed of on merits directing the respondents to dispose of the appeal preferred by the petitioner before the appefiate authority on 30.12.2021 aggrieved against the altctrnent order dated 2g.12.2021 issued to the petiHoncr ailotting new rocat cadre Zone_rv, in acccrdance to taw in conformity with Bhadradri, of natural justice vrithin a period of four(4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the said appeal to the petitioner herein. However, Hrere sha[ be no order as to principles costs. M iscella neous applications, if any, pending shall stancl closed. //TRUE COPY// ,, r r\vr- \-\Jr t r, SD/. K.SREERAMA MURTHY ,/ .\ +PUTY REGTSTRAR ./ \ r \\ _ _ SECTION OFFICER The Prl lgcretary, A/edical and Health Department, tecretariat at B.R.K Bhavan, The State of Telangana, Hyderabad. The Director of Institute of P-reventivi; Medicine, pH Labs, Food (Health) Admn, Government ofTelanqana. Narayanquda, Hvderabad - 2g The District Collector. Warangal District. The District Collector, Karimnagar District One CC to Sri Avadesh Narayan Sanghi, Advocate tOpUCl Two CCs to GP for Services [], High eourt for the Stite of T'elangana, at Hyderabad [OUT] Two CD Copies To, 1 2 3 4 q o 7 TJ GJP 6 &. --_ _ -.:,--:'.=r!etEre.&*l..!'.'nerara.r:3"--... 1 *,i1,--Br,a&a.i,:- HIGH COURT DATED:1610612025 ORDER WP.No.7221 of 2022 t oR lHE s 14 T tl 7 iLll 2025 * a DISPOSING OF THE WRIT PETITION WITHOUT COSTS (, (4,, W I I I I I i