High Court · 2025

Petition Linder Section 151 CPC praying that in the circumst:rnces stated in the affidavit file,J irr :;upport of the petition, the High Court may be pleased to direct the Respon Je nt No.2 to consider and dispose off tl'e Appeal dated 2510112022 submitle,: by the Petitioner for transferring her post from Zone -l Kaleshwaram t,r ,lo re-ll Basar in accordance with the T:langana Public Employmenl (Orgarrization of Local Cadres and Regulation of Di"ect Recruitment) Order, 2018 an,l gui,lelines issued in G.O.Ms.No.317 GAD (SPF:-1). tlopt., B, 06112t2021 . I.A.NO; 2oF 2.022 Between:

1. The Stete of T'elangana, Rep by its Principal Secretrary Survey, Settlement and Land Re(orCs Department, Secretariat, BRK Bhavan, Hyde,rpbad, 2. The Commissiorrer, Survey, Settlement and Land RecordE, S unrey BhBvan, Main Rd, llari V har Colony, Bhawani Nagar, Narayanguda tlyclerabad, Telangana 500C29

3. The Regional Deputy Director, Survey, Settlement and Land Re,:ords, 5-8- 49'1, Karirnabird Cooperative Society, Abids, Hyderabad, Telan6lana 500001. .....PETlTlONERS/RE:SPONDENTS AND Smt. Jayasri Ponna, /V/o Late U. Dathadri, Aged about 45 years Occ. Senior Assistant, (Loca Car re), presently working at Zone-l Kaleshwerram, Survey, Settlement and Li:nd R:cords, Mulugu li/andal, Mulugu District, Telangana State. Petition Unde- {: ection '151 CPC praying that in the circums tances stated in the affidavit filed in s rpport of the petition, the High Court ma,r Lre pleased to ..,..RESPONDENTS/PETITIONERS vacate the interim order Daled: 28-02-2022 in l.A.No.'1 of 2022 in W-P No'10462 of 2022 and dismiss the writ petition. I.A.NO:3 OF 2022 Between: M.Gangadhar, S/o.Raja Lingam, aged 45 years, Occ ..Senior Assistant, Survey Settlenient and Land Records, Preiently working at Nirmal, Zone - ll, Basara District. .....PETITIONER/PROPOSED RESPQNDENT NO.4 AND

1. Smt. Jayasri Ponna, Wo Late U. Dathadri, Aged about 45 years, Oca' Senior Aitlslj'it, (ocal Cidre;, presently working at Zone-l Kaleshwaram, Survey' setlement'and Land decords, ?viulugu Mandal, Mulugu District, Telangana State. .....RESPONDENTS/t rRlT PFTITIONER

2. The State of Telangana. Rep by its Principal-Sec-retary Sury9yr Settlement -Department, Secretariat, BRK Bhavan, Hyderaba(' and Land Records

3. The Commissioner, Survey, Settlement and Land Records, Qyrv.ey Bhavan, - fvirin nO, nari vinai Colony, Bhawani Nagar, Narayanguda, Hyderabad, Telangana 500029.

4. The Regional Deputy Director, Survey,-settlement and'l-end Records, 5-8- iiii, Gil"b"o co,iro.i"ji""'societv, Aoias, Hvderabad, Telangana 500001' .....RESPOl{DENTS'RE$PqilDENT8 Petition Under section '151 CPC praying that in the circumstances etated in the affldavit filed in support of the petition, the High court may be pleased to permit the petitioner to implead him as the proposed Respondent No.4 to the w.P.No. 10462 of 2022 and l.A. No.1 of 2022 consequently permit him to contest tho wP by filing the counter Affidavit and necessary documents as lhe said proposed Respondent No.4 is the necessary party to this WP and the lA"' A.NO:4 OF 2022 Between: M.Gangadhar, Sio.Raja Lingam, aged 45 years, Occ.: Senior Assistanl Survey Sbttfem"ent and Land Recoris, preienly working at Nirmal, Zone - ll, Basara District. .....PETlTlONER/PROPOSED RESPONDENT No'4 AND Smt. Jayasri )r:nna, Wo Late U. Dathadri, Aged about 45 yeals, Occ. Senior Assistant, r'L c,r;: I Cadre), presently working at Zone-l Kales,hv,,aram, Survey, Settlement anc Land Records, Mulugu Mandal, Mulugu District, Telangana State. .....RESPONDENTSM/RIT' PETITIONER

2. The State of -1-e angana, Rep by its Principal Secretary Suruey, .settlement dnd Land llecorJs Department, Secretariat, BRK Bhavan, tl1de,rabad. 3. The Commissiorrer, Qurvey, Settlement and Land Records, S un,rey Bhavan, Main Rd, llari V har Colony, Bhawani Nagar, Narayanguda tlyrreiabad, Telangana 503C29

4. The Regional Dcputy Director, Survey, Settlement and Lanrj Re,:ords, 5-B- 491, Karirrabad Cooperative Society, Abids, Hyderabad, Jelirngana S00OO1. .....RESPONDENTSiRE,SpeNDENTE Petition Under,l;ection 151 CPC praying that in the crrcums;tarlces Ftated ln the affidavit filed in s rpport of the petition, the High Court ma/ be pleased to vacate the lnterinr Ord:r Dt 281212022 passed in the l.A. No.1 of 20,)_2 in W.p.No. 10462 of 2022 cont,etpently dismiss the same during the penden()y of the writ petition. Counsel for the Petltic,ner : SRI SHAIK KARIMULLA Counsel for the Respcndent Nos.1 to 3 : Gp FOR SERVICES - il Counsel for the Respondent No.4 : SRI M.PRATHEEK REDOY The Court made tho following ORDER HON'BLE MRS JUSTICE SUREPALLT NANDA P I NN 41 2 2 ORDER: Heard appearing on Government Sri Shaik Karimutta, tearned counsel behalf of petitioner, learned Assistant Pleader for Services_Il, appearing to 3 and Sri M. pratheek appearing on behatf of behalf of respondent Nos.l Reddy, tearned counset Proposed respondent No.4.

2.7 e ti o er a roa h dth o s k n oraver 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 dared 25/o1./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/ t2/2O21 and consequenUy ; \ \ - 2 th(: Respondent No.2 to consider and dispos€ olf dir€ct the Aope:al dated 25/Ol/2O22 submitted by th: Petltio,re - for transferring her post from Zcrre- [ Kalr:shvVi ram to Zone-II Basar ln accordance urith th: Telirngar a Public Employment (Organization of L')c;rl Caclres i, nd Regulation of Direct Recruitment) Or,1et, 201B accr guidelines issued in G.O.lvls.No.317 (;At) (SPF-1) l)ept.. Dt. 06/t212O21 and to pass...".

3. The ca: e of the petitioner in brief is that the let tioner's husband dier: on 31.07.1993 while in service in Res rondent Departrnent, subsequently the petitioner had been ag pointed as Junior Assistant on compassionate grounds on 2B.r)5.1997 and thr:re:f'r-'r the petitioner was promoted ls Senior Assistant lrr Zone-V cadre. The respondent authoritirls have allotted th€ t etitioner to new local cadre Zone-I Ka eslrwaram vide proceecings dated 25.12.2021 and vide let.er, dated

08.01.2022, :retitioner opted her First option to the ne,w Local Cadre Zonr:- .l Basar. Petitioner had even preferrecl appeal before the rtrspondent authorities on 25.01.2022 challenging the allotmcln: order contending that as per G.O.ltls.No.317, dated 06.7.,2021 preference for Widow apprlinted on compass;iorra':e grounds should be given priority _--- .. ----*',.-....*i;.. - under special category. However, petitioner joined her duty at zone-I Kareshwaram but the respondents did not consider the request of the petitioner. Aggrieved thereby the petitioner approached the Court by filing the present writ petition. 4, PE RU SED THE R ECo RD. (A) T e int nm ord rof c 2 o o 2 herEU nd r: s ed tn I.A. No. t20 2ls e a e e "Hea rd learned learned Govern ment respondents and perused the record. counsel for the petition er Pleader appearing for petitioner contends that she was appointed as Junior Assistant, on 28 os.1ss7, and was , ",,'""J:J:;:"llli-.ii"*li:".11 of Zone V; that while implementing G.O.Ms. No_317 General Administration o 6. t 2 20 2 t, Lh e respo n den ::TjJ: #::il"J:",J:::: toZonel_Kaleshwaran isnorins lhu racr ,r"J' ;':: "j;;:,":,1""i,",1'ilji; compassionate grounds and that her posting from the existing place of working wirr resurt 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. + Pet,': ()ner further contends that' 'n s rni ar circurnstln:es, a Division Bench of this Court' in W P' No.9,798 :,' 2022 by order daled 23'02'2022' interocted the -esprl rCents in applying Guideline No 22 c n y to wido,,vs, \r! lc were granted employment on conopassl )n'lte ground ar ci not to other widows and held tlrat thrlre cannot b: any dlscrimlnation between wido''^vs ' n ith furth,:r re e f of staying the impugned proceedings th're in' Petit c,r( r .l'us contends that her case is to be cons'ic err:d' since' her lppointment itself ls on compassionate qrcu'rd' which t:; l rvered by Guideline No'22 of G O lvls lJo llT Gencral Administration (SPF-I) Depaltmenl' da':ed 06.7.2.21r11, and ignoring the above said guidelirr:' ''he responCerts have allotted the petitioner to the Iocal ca'lre of Ka eshrri:Tam. P'trta facie I find force in the above :'aid subnriss i:, r. !a\ing regard the interim order granted bv the Division I r:nch of this Court in W'P No' 9798 of 2)22 dated, Z:1.)2.2022 and for reasons alike as werc stated ther,:in, t re lmpugned proceedings of the respon(l€ nt; in Proc:.Nc, I\E/SU/ZVlillSEAS/ 0009, dated 25 1:2'')21 allocati'rq the petitioner to local cadre of Zotle-i Kalesl-,t'r,a'iam is hereby suspended until furlher ord':rs' The respr: lrdents are directed to issue necessary relie"'ing orderrs tc the petitioner to report back to the :lacrr of earller lo sting. " orscussl.g@ )

5. The learned counsel appearing on behalf of the 4th respondent places on record the Letter of the Regional Deputy Director, Survey and Land Records, Hyderabad addressed to respondent Nos.1 to 4 vide Lr. No. A7/27/2022, dated

29.07.2022 and submits that the appeal preferred by the t petitioner for change of local cadre oF the petitioner had been examined by the Government and rejected rzide memo, dated 28.06.2022 of the Govt. Memo No.11616/Ser.I/2022, { Revenue (Ser.I), Dept. In view of the fact that prayer of the petitioner itself is

6. seeking a writ of Mandamus declaring the action of the respondent No.4 ln not considering the appeal dated 25.01.2022 made by the petitioner for transFerring the petitioner from Zone-I Kaleshwaram to Zone-II Basar as per petitioner's Fiist Option, as illegal and in view oF the fact as borne on record that the said appeal preferred by the petitioner had been rejected vide memo, dated 28.06.2022 of the Chief Secretary to Government vide memo No.11616/Ser.l/2022, this Court ooines that the present writ petition has become infructuous and accordinqly 6 the writ dis rss d s H w ver ttrer sha ll e o rd ra to os j4lructuous. A:las;(iquel,themiscellaneouspetitions'i1'anv'pending in the \l/rit p'ltition shall also stand closed' //TRUE coPY// SN'.P PONNA KRISHNA f,sglgfr,ll' REGISTRAR { SECTfdN OFFICER ,. ,*o ccs to op FoR sERVIcES-tt, High court for the state of relangana at t OieCC tr: Sril SHAIK KARIMULLA' Advocate-[OPUC] 5 SliE;; i;; 5 ii M iRAiirtEii-neoov' Advocate (oPUC) 4. Two CD CoP el Hvderabad [i)t'lTl (t SA BS C.C.TODAY .:liat Sl.AT€ o I i t+ 'J c ,l-; \ g Jt:\ ?ffi 0 o L ,r (() -a? HIGH COUR'T DATED:0210512025 ORDER WP.No.1046? ot 2022 DISMISSING T'HE W.P AS INFRUCT'UOUS WITHOUT COSTS. +r q )_t 6