Smt. A. Vijayalakshmi v. '1 . 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 a Writ or Writs Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents not relaxing the rules and not transferring the Petitioner from Jogulamba Gadwal District (Vll Zone) to Charminar Zone, Old City Bal Bhavan, Hyderabad, (Vl Zone), as arbitrary, illegal' and violation of principtes of natural justice, consequently to direct the Respondents to relax the rules and transfer the Petitioner from Jogulamba Gadwal District (Vll Zone) to Charminar Zone, Old City Bal Bhavan, Hyderabad, (Vl Zone). IANO:1OF 2025 Petitionundersectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to relax the rules and transfer the Petitioner from JogulambaGadwalDistrict(VllZone)toCharminarZone'OldCityBalBhavan' Hyderabad, (Vl Zone), by considering the representation dated 190T 2024' pending disposal of the writ petition. Counsel for the Petitioner: SRI D.L.PANDU Counsel for the Respondents: GP FOR SERVICES W,P.NO: 3128 0F 202s Between: Smt. A. Vijayalakshmi, D/o A KrishnaT{ny, nsgi about 54 years' Occ' Sljb'"ri"t"-"b-dnt ion oo'uasis)'old Citv Bat Bhivan' Hvderabad AND ,..PETITIONER Department, Secretariat, Hyderabad'

1. The State of Telangana, Rep. by its Principal Secretary' School Education z iriS Si"Ciai'offi"et rna''oi,ir"ioi,-eit Bhau'n, Public Gardens' Hvderabad' a. fne O]sirict Collector and Chairman, Bal Bhavan Hvderabad' 4. The District Educatio;ibri"6i ".0'c*"*er. Bat Bhavan, Hyderabad. Telangana State ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a writ or Writs order or Direction more particularly one in the nature of wRlT OF IMANDATVIUS declaring the action of the Respondent No.2 in issuingtheProceedtngsNo.lT24lEsstt2o25tJBBIA1,dated09-01-2025during the pendency of the transfer relaxation of the Petitioner from superintendent, Bal Bhavan, Jogulamba Gadwal bi.tri"t vtt Zone to charminar Zone, superintendent, oldCity,BalBhavan,Hyderabad.VlZoneaSarbitraryillegalandviolationof principles of natural justice consequently to direct the Respondent No'2 to continue the petitioner to work on oD Basis at old city, Bal Bhavan Hyderabad vl Zone till finalization of the zonal transfer. lA NO: 1 OF 2025 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 stay the Proceedings No. 1724lEssu2025/ JBBiAI , dated 09-01-2025 issued by the Respondent No.2, till the finalization of the transfer relaxation of the Petitioner from Superintendent, Bal Bhavan, Jogulamba Gadwal District Vll Zone lo Charminar Zone, Superintendent, Old City, Bal Bhavan, Hyderabad- Vl Zone, pending disposal of the writ petition. lA NO: 2 OF 2025 Between: '1 . The State of Telangana, Rep. by its Principal Secretary, School Education 2, The Special Officer and Director, Bal Bhavan, Public Gardens, Hyderabad, Department, Secretariat, Hyderabad. Telangana State

3. The District Collector and Chairman, Bal Bhavan, Hyderabad. 4. The District Educational Officer and Convener, Bal Bhavan, Hyderabad. AND ...PETITIONERS/ RESPONDENTS Smt. A. Vijayalakshmi, D/o A. Krishnamurthy, Aged about 54 years, Occ Superintendent (on OD basis),Old City Bal Bhavan, Hyderabad ...RESPONDENT/ PETITIONER Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim order d1.05.02.2025 in WP.No.3128 ol 2025 and dismiss the Writ Petition. Counsel for the Petitioner: SRI D.L.PANDU Counsel forthe Respondents: GP FOR SERVICES C.C.NO: 553 OF 2025 Between: Smt. A. Vijayalakshmi, D/o A. Krishnamurthy, Aged about 54 years, Occ- Superintendent (on OD basis),Old City Bal Bhavan, Hyderabad ...PETITIONERYPETITIONER AND 1 . Smt. Yogita Rana, LA.S., Principal Secretary, School Education Department, 2. Smt.Vijaya Laxmi Bai, The Special Officer and Director, Bal Bhavan, Public Secretariat, Hyderabad. Gardens, Hyderabad, Telangana State

3. Sri Anudeep Durishetty, l.A.S., District Collector and Chairman, Bal Bhavan, 4. Smt.R.Rohini, The District Educational Officer and Convener, Bal Bhavan, Hyderabad Hvderabad ...RE''.NDENTS/RES'.NDENTS Contempt Case filed under Sections 10 to 12 of Contempt of Courts Act 1971 praying that the High Court may be pleased to punish the respondents for willful and deliberate violation of the orders dated-05-02-2025 in WP.No.3128 of 2025 on the file of the High Court Counsel for the Petitioner: SRI D.L.PANDU Counsel forthe Respondents: GP FOR SERVICES The Court made the following: COMMON ORDER A L HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITIO N Nos.127 8and3 128 of2o25 and C.C.No.553 of 2025 COMMON ORDER:- Since the issue involved in these writ petitions is one and the same and the Contempt Case is hled against the interim order dated O5.O2.2O25 in W'P'No'3128 of 2025' they are being disposed of bY this common order'

2.HeardSriD.L.Parrdu,learnedcounselappearingforthe petitioners and the learned Government Pleader for Services appearing for the resPondents'

3. For the sake of convenience, the facts in W'P'No'3128 of 2025 are discussed hereunder :-

4.W.P.No.3l28of2025isfiledseekingthefollowingrelief: "..... to issue o Wit or Writs Ord'er or Direction more particuldrly one in tLLe nature of WRIT OF MANDAMIIS decloing the action of the Respondent IVo 2 in issuing the Proceedings lVo 1724/ Esst/ 2o25/ JBB/ A1 dated 09012o25 duing the pendency of the tronsfer reloxotion of the Petitioner from Supeintendent Bal Bhauan Jogulomba Gadutal Di'stict WI Zone to Charminar Z'one Supeintendent Otcl Citg Bul Bhauan Hllderobod VI Zone as arbitrary illegat anti uiolation of pinciptes of natural iustice consequentty to dirbct the Respond'ent No 2 to continue the .-- \ ----'1 2 petitioner to utork on OD Basis at Old Citg Bal Bhauot Hyclerabad VI Zone till final[zation of the zonal transfer.. ...".

5.(i) The petitioner is working as Bal Bhavan at Gadwal for the past 28 years and she is working on OD basis at Charminar Zone, Old City Ba1 Bhavan, Hyderabad (VI Zonel, since

26.08.2019 and there is a clear existing vacancy in Charminar Zone as well as at Secunderabad, Bal Bhavan and also at Head Office for Superintendent Cadre and equivalent posts. (ii) Earlier, the petitioner has hled W. p. No. l2T 8 of 2O2S for relaxing the Rules and transfer from Jogulamba Gadwal District (YlI Zonel to Charminar Zone, Old City Bal Bhavan, Hyderabad (YI Zonel, arrd this Court issued notice before admission and posted the matter on 25.02.2025. Pending the saicl writ petition, the 2"d respondent issued proceedings No.1724 lEsst/ 2O25/JBBIA1, dated O9.OL2O25 instructing rhe petitioner to report before the District Educational Ofhcer, Jogulamba Gadwal. 1 (iii) The petitioner is suffering with viral fever ald she is undergoing treatment and sought leave from I 5.01.2025. The petitioner is the only staff of the Old City, Bal Bhavan and that 3 the students of the petitioner have participated in National Level Awards/ President Award and State Level awards' As per the proceedings of the 2"d respondent dated 14'05' 2O17 ' the post of Superintendent at Bal Bhavan' Old City' Hyderabad' is clear vacant as on 30'09'2016' Further' in Secunderabad Bal Bhavan also there is a clear existing vacancy as on 30'04 2019 and that the petitioner is seeking relaxation from Jogulamba Gadwal Charminar Zone' Old CitY Ba1 Bhavan' District VII Zone to and the same ls pending with the Hyderabad VI Zone so, the 2"d respondent issued imPugned Government' While proceedings dated 09'0 1'2025' 6. Learned counsel appearing for the petitioner submits that issuance of the proceedings dated Og 'O12O25 during pendency of W.P.No'12 78 of 2{)25 is illegal and contrary to iaw' While pending the said writ petition' the 2"d iespondent repatriated the petitioner in the middie of the acad suffering with petitioner is having old aged parents' who are counsel appeanng for the health issues' Therefore' learned orders be Passed bY setting petitioner submits that appropriate aside the proceedings dated O9'O1'2025 and directing the emic Year' The highhandedlY 4 respondents to continue the petitioner on OD Basis at OId City, Bal Bhavan, Hyderabad YI Zone.

7. On 05.02.2025 in W.P.No.3l28 of 2025, this Court while issuing notice before admission, directed the respondents to continue the petitioner in the same station i.e., Old City, Bal Bhavan, Hyderabad-Vl Zone trll completion of the academic year.

8. After passing the above interim order, the respondents without complying the said order, hled I.A.No.2 of 2025 seeking to vacate the interim order dated O5.O2.2O25 passed by this Court in W.P.No.3128 of 2025.

9. Along u.ith the vacate stay petition, the respondents filed a counter affidavit stating that the request of the petitioner for an On duty (OD) arrangement was considered and approved vide proceedings No.l724 /Estt.l l2O1O, datecl 03.08.2019 issued by the 2"d respondent and the petitioner was permitted to discharge her duties at Old City Bal Bhaval, Hyderabad, until further orders. Hou,ever, as on date, there is no requirement of her services at Old City Bal Bhavan and since she has been dra'*'ing her pay and allowances from her parent office, it is decided to repatriate her to her parent unit. The said arrangement \\ras 5 purely temporary and subject to administrative exigencres' Despite working at Old City Bal Bhavan on OD basis' the petitioner continued to draw her monthly pay and allowances from her original appointed post at Bal Bhavan' Gadwal (parent Department).

10. It is further stated that the period of On Duty (OD) assignment of the petitioner at Old City Ba1 Bhavan was approved by the 2'd respondent from 03'08'2019 to 09 'Ol'2025' The said temporary arrangement will not create any vested right in favour of the petitioner for her retention at Old City Bal Bhavan. Therefore, the respondents have rightly repatriated the petitioner to her parent department on O9'01'2O25' The petitioner is willfully absent from her duties since 10'Ol'2025' ll.ItisfurtherStatedthattherelievingorderwasissuedon Og.Ol.2O25 and the petitioner wantonly applied medical leave from 15.01.2025 without taking proper acknowledgment from the District Educational Officer and Convener or the Deputy Educational Officer and Drawing and Disbursing ofhcer' There for OD basis and it is onlY on is no ProPer time Period administrative adjustment' The present Director while checking --1. \ \--\ \t \] - -- ..1 6 the records randomly, the issue carne to her notice and the petitioner was relieved from Bal Bhavan, Old City to her parent

12. It is further stated that W.P.No. 127 B ol 2005 is pending before this Court and no frnal decision has been taken in the said writ petition. Therefore, the issuance of the repatriation order is in line with service rules and does not violate anv court's order_

13. Learned Government Pleader appearing for the respondents submits that the 2^a respondent has rightly passed the proceedings dated 09.01.2025 and there are no grounds to interfere with the same. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.

14. Heard both sides. Perused the record.

15. In the instant case, the 2"d respondent issued proceedings dated 14.05.2017 permitting the petitioner to r,r'ork on OD basis at Charminar Zone, Old City Bal Bhavan, Hyderabad (YI Zone). In the proceedings dated 74.05.2017, the 2"d respondent stated as follows : - The Inter Distict Tronsfer of Smt.A.Vijagalctkshm.i, Superintendent, BctI Blutuan, Gadutal to tsctl BLnuon, C)ld 1 City, Hyderabad in the eistingl uacancA. The post of Supeintend.ent is clear uacant at Bal Bhauan, Old Citg' Hgderabad, due to Superonnuation of eisting Superintendent on 30-O9.2O16 AN. It is submitted that tlrcre is no eligible empLoyee for Promoting to the post of Superintendent uhich is uacant at Bal Bhauan, Old Citg, Hgderabad from the feeder category in the District unit- It is submitted that out of 8 posts in each institution the seuen emplogees are tuorking at Bal Bhauan, Secunderabad and Bal Bhauan, Old Citg, Hyderobad' It is submitted that both the feeder category instructors are not eligible for promoting the post of Supeintendent ond not qualified. Si.T.L'Kumar, Don'ce Instructor, Bal Bhauan, Secunderabad does not haue Technical qualifications i.e., Certificate cnurse and TTC Sml. Y.S.Anaszr ga Deui, Dra uing Instnlctor does not h'oue Degree. Further it is submitted thot SnLA Vijagalakshm| Supeintendent, Bal Bhauan, Godwal is belongs to Telangana and there is no charges pending against her' She has giuen a letler of an undertaking for taking last rank ii.n the establishment of Hgderabod Citg A copg of the reuised fonnat are here uith enclosed'"

16. A perusal of the above proceedings goes to show that the post of Superintendent is clear vacant at Bal Bhavan, Old City' 8 l.' Hyderabad and that the petitioner was perrnitted to work in the said place as Superintendent on OD basis' Since there is a clear existing vacancy, the petitioner has continued at Old City Ba1 Bhavan till issuing the impugned proceedings' A perusal of the record goes to show that as on today the post of Superintendent is not hlled b)' ary regular employee' Further' there is no complaint whatsoever against the petitioner in her working place and as on toclal , no charges are pending against her'

17. Considering the above facts and circumstances of the case' this Court deems it ht and appropriate to direct the respondents to consider the petitioner's case for continuing her at Old City Bal Bhavan, Hvderabad, under the same terms and conditions' till filling up the post of Superintendent with the regular employee. Hence, the proceedings dated 09 'Ol '2025 passed by the 2.a respondent is liable to be set aside ar1d it is accordingly set aside

19. Accordingll', W.P.No.312B of 2025 is disposed of'

20. In vier'v of the orders passed in W'P No 3128 of 2025' no further orders are required to be passed in W'P No' 1278 of 2025 a:rd C.C.No.553 of 2025. , / 9 21 . Accordingly, W.P.No. 1278 of 2O25 and C.C.No.553 of 2O2S are ciosed As a sequel, the miscellareous petitions pending, if any, shall stand closed. No order as to costs. SD/- K DEPUW RE . AMMAJI GISTRAR //TRUE COPY// SECTION OFFICER 'l . The principal Secreta ry, School Education De partment, Secretariat, 2. The Special Officer and Director, Bal Bhavan, public Gardens, Hyderabad, Hyderabad, State of Telangana Tela ngana State The District Co llector and Chai rman, Bal Bhavan Hyderabad The Distri ct Ed ucational Offic One CC to SRI D.L.PANDU Two CCs to Gp FOR SERV ICES, High Court for the State of Telangana, at Hyderabad touTl Two CD Coptes ner Bal Bhavan, Hyderabad er and Conve , Advocate IoPUC 3 4 5 o To 7 PSK. PVL HIGH COURT DATED:0510812025 COMMON ORDER WP.Nos.1278 AND 3128 ot 2025 AND CC.No.553 OF 2025 'I h; sf4 ,r4: o^. o\1 t J () 26 T|JBffi L) '+ t aE .sF'.iTc rEo * I z o DISPOSING OF THE W.P.No.3128 OF 2025 AND CLOSING THE W.P.No.1278 OF 2025 AND CC.No.553 OF 2025 WITHOUT COSTS 1c \t