High Court · 2025

...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a'writ of Mandamus or any other appropriate writ order or direction by decraring the action the respondents in not considering and transferring the petitioners on Mutuar basis to Zone- | (Kareshwaram) to Zone- rV (Bhadradri) as vis., a versa respectively, in terms of para S (2) (c) of the Presidentiar order 20'r g, which provides requests transfers by foregoing the seniority, as ilregar, arbitrary and unconstitutionar being viorative of Articres 14, 16, and 21 of constitution of rndia apart from para s (2) (c) of the presidentiar order 2018, consequenay direct the respondents to consider the requests of the petitioners by transferring the petitioners on Mutual basis to Zone-l (Kaleshwaram) to Zone -lV (Bhadradri) as vis., a versa respectively. 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 direct the 1st respondent to consider the cases of the petitioners for Mutual transfer from Zone-l (Kaleshwaram) to Zone-lV (Bhadradri) as vis., a versa respectively, forthwith, pending final disposal of the main W.P. Counsel for the Petitioners: SRI S.GOPAL RAO Counsel for the Respondents: GP FOR REVENUE (COMMERCIAL TAXES) The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAMAVA RAPU RAJE SHWAR RAO ORDER WRIT P TION No.1 o2t7 0F 202s This Writ Petition is filed by the petitioner seeking the following relief : "... to issue a writ ol Mandamus or any other approptiate Writ ordet or direction by cleclaring the action the responatents in not considering and transferring the petitioners on Mutual basi, to Zone-I (Kaleshwaram) to Zone-IV Bhadradri as ws., a ve6a respectively in terfis of para 5 (2) (c) of the presidential Order 2O1B which provides requests transfers by foregoing the seniority as itlegat arbltrary and uncohstitutional beinq volatite of Artictes 14, 16 and 21 of Constitution oF India apart frcm para 5 (2) (c) of the Presidentiat Order 2018 consequen y direct the respondents to consider the requests of the petitiones by tftnsferring the petitianers on Mutual basis to Zone-I Kaleshwaem to Zone-N (Bhadradri) as vB., a ve6a respectively and to pass...'

2. Heard Sri S.Gopal Rao, learned counsel for the petitioners and learned Government Pleader for Revenue for the respondent Nos.1 & 2. Perused the material on record.

3. Learned counsel for the petitioners submitted that the Govt. have issued G.O.Ms.No.317, G.A. (SPF-1) Department, dt.

6.L2.2021, speqifying the authorities for allotment of employees among the New Local Cadres and in view of the principles in para 4 of the Presidential Order, 2018. Accordingly, petitioner No.1 has been allotted to Zone-I (Kaleshwaram) and posted in the office of Commercial Tax Officer, Mulugu Circle, Warangal Division and the petitioner No.2 has been allotted to Zone-IV (Bhadradri) and posted to the office of Commercial Tax Officer, Warangal Rural @ Narsampet circle, Bhadradri. He further submitted that after 2 bifurcation of the erstwhile State of A.P. and formation of State of Telangana new Presidential Order i.e. Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order,201B, has been issued. The gov'ernment have issued G.O.Ms.No.21, G.A. (SPF-I) Department, dt. 02-02-2022 providing Mutual Inter Local Cadre transfers i.e., Mutual transfers between 2 persons holding the petitioners in the same category in the same Department. In continuation of the above said G.O. the Govt. has also issued G.O.Ms.No.245, G.A. (SPF-I) Department, dated 29-11-2024, providing the transfers of employees on.mutual basis. Therefore, the petitioner's requests this Hon'ble High Court to consider the transfers of the petitioners on mutual basis.

4. Learned counsel for the petitioners further submitted that petitioner is facing domestic problems as he has to look after his widowed, elderly and ailing mother who is 75 years old suffering from diabetes and she is unable to move without any assistance and has recently undergone heart problem and got a Stunt surgery. The petitioner No.2 is also a diabetic patient and suffers from knee problems because of which she is unable to travel long distances. She is a widow staying alone with no one to look after her, thus she is facing problem in view of situations stated above to travel daily, hence the petitioners have submitted representation to the respondent No.1 on 03-01-2025.

5. Learned counsel for the respondents submitted that once the mutual transfers are accepted by the government, the petitioner is unable to process the application through. the portal. The only mistake made by the petitioner is that the mutual consent transfer is illegal. However, a legal mutual transfer is under consideration

6. Taking into consideration the submissions made by the learned counsel for both the respective parties, without going into the merits of the case, this Writ Petition is disposed of, directing the respondent authorities to reconsider the case of the petitioner i.e., transfer the petitioners on mutual basis to Zone-I (Kaleshwaram) to Zone-IV (Bhadradri) as vis., a versa respectively in terms of para 5(2)(c) of the Presidential Order, 2018 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in thls Writ Petition, shall stand closed. SD/- A. SREENIVAS REDDY ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER

1. Principal Secretary, Revenue (CT.l) Department, Secretariat Buildings, Hyderabad, The State of Telangana. t To,

2. The Commissioner of Commercial Taxes, State of Telangana, Nampally, Hyderabad. _- cot}J_-- 7

3. One CC to SRt S.GOPAL RAO Advocate tOpUCl 4. Two CCs to Gp FOR REVENUE (Commerciqt Taxes) Dept,High Court for the \ State of Telangana. [OUT]

5. Two CD Copies BGS GJP Pmt - HIGH COURT DATED: 2910412025 ORDER WP.No.10217 ot 2025 I I lAre 1 k e A 20 I\N t o E E, Nil .7 2$[ fr DISPOSING OF THE WRIT PETITION WITHOUT COSTS @*"t. ,o\s\"(