's;;;r;i niiid''r i"J'ott'iCt' v. 1. The Director of lndustries

16 -and. 21 of the Constitution of lndia and issue ccr directing the 1 st and 2nd Respondents to forthwith pos t office of the 'l st respondent, if necessary replacing i respondents i.e. Respondents No.4, 5 and 6 or alternati,/ 2nd respondent to forthwith consider and post the petitio r l st.rest respondent as Assistant Director of lndustries in t be available frorn 01 .05.2025 due to retirement of Sri. K,: who is going to retire on 30.04.2025. sequential directions the petitioner in the nyone of the party rly d irect the 1 st and )r in the office of the e vacancy which will rdoju Chandrasekhar lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the, lircumstances stated in the affidavit filed in support of the petition, the High Ccr rt may be pleased to direct the 'l st and 2nd respondents to forthwith post the c ;titioner as Assistant Director of lndustries in the office of the 1st rest responden against the vacancy which will be available from 01 .05.2025 due to retire 1 ent of Sri. Kondoju Chandrasekhar who is going to retire on 30.O4.2O25, pendir g disposal of the writ petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High CoL 1 may be pleased to direct the respondents to consider the case of the peli oner for posting as Assistant Director of lndustries in the office of the 1st re ;t respondent in the existing vacancy by transferring from the existing place by considering the representation of the petitioner dated 04.09.2025, pendirl disposal of the writ petition. Counsel for the Petitioner: SRI P V KRISHNAIAH Counsel for the Respondents No 1 To 3: GP FOR SERVICE S lll Counsel for the Respondents No 4 To 6: -- The Court made the foltowing: ORDER THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PETITION No.14357 of 2025 orujpn: This Writ Petition, under Article 226 of tllLe Constitution of India, is hled seeking the following relief: "...to issue a rvrit, order or direction, more particularly one in the nature of writ of Mandamus under Article 226 of the Constitution of India declaring para 3 of the proceedings No.2a /2O2A /62212 / 2926887 /FD-16 dated 18.O1.2025 is concerned i.e. posting the petitioner as Assistant Director of 3.d respondent and consequential proceedings No.22-2025-Retieving Order/FD dated 26.03.2025 as arbif ary, illegal, discriminatory, malafide, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direction directing the l"t and 2"d Respondents to forthwitl post the peLitioner in thc ofhce of the lst respondent, if necessary replacing anyone of the party respondents i.e. Respotdent No.4, 5 and 6 or alternativcly dircct the lst and 2nd respondent to forthwith consider and post the petitioner in the olEce of thi lut rest respondent as Assistant Director o[ [ndustries in the vacancy which will be available from O1.05.2O25 due to retirement of Sri.. K.ondoju Chandrasekhar rvho is going to retire on 30.O4.2O25 ard pass...'

2. Heard Sri P.V. Krishnaiah, learned counsel appearing for the petitioner, and learned Government Pleader for Services-Ill, appearing on behalf of respondent Nos. 1 to 3. In spite of service of notice, there is no representation on behalf of respondent Nos.4 to 6.

3. Learned cou nsel for the petitioner submits that w.hile the petitioner was working as Superintendent in the oflice of respondent No.1, as per thc seniority and by following the rule of reservation under Rule 22 of the Telangana State and Subordinate Service Rules, 1996, 2 PK, J W.P.No.14357 of 2O25 respondent No.1 prepared a roster point cycle, wherci namc was placed at St.No. tO, while the names respondent Nos.4 to 6, were placed at Sl.Nos l respectively. It is furttrer submitted that in anticipatic r, the petitioner's rf the unofhcial 9, 27 and 30, r of promotion to the post of Assistant Director, the petitioner made e 'epresentation to respondent No.1 on 15.01.2025, requesting to accolnr oIlice in the event of her promotion, as her husbz.r lodate her in the d is working as Principal in Government Degree College, Ibrahimpatru m. Further, the Departmental Promotion Committee, in its meeting hr:J l on 16.O 1.2025, recommended the petitioner,s name for promotiorr to the post of Assistant Director of Industries, along with respor( ent Nos.4 to 6. However, while effecting promotions, vide proceedings c ated 18.O i.2025, without considering the request of the petitioner, posted the petitioner at the oflice of responck -espondent No. 1 nt No.3, while accommodating the unoflicial respondent Nos.4 to 6 ir the Head Office, even though they are juniors to the petitioner.

4. It is further submitted that respondent No.4 Lerein is a male ollicer working at Yadadri, who had no spousc grour 1s, whercas, the petitioner herein, being a woman employee, whose spt tse is working at Hyderabad, was entittred for preferential treatment. As ;uch, respondent No. 1 ought to have accommodated her in the [{ .ad OIIice, duly I i I i I I I I I r I t I I I i t I i ! i i I i i ) 3 PK, J w.P.No.14357 ol 2025 considgring representation dated 15.01.2025, instead, posted her in the oIlice of respondent No.3, vide impugned proceedings dated 18.01.2025, which is illegal, arbitrary, discriminatory. Therefore, the petilioner was eompelled to submit her representations to respondent Nos. I and 2 and also .the Chief Secretary to Government, on 24.OI.2O25, requesting to consider her case for posting in the olfice of respondent No.l by modi$ing her transfer and posting order. However, since no action was kikeir thereon, the petitioner was left with no other option but to join the offrc€ of respondent No.3 on 22.03.2025, in pursuance of the relieving order issued by respondent No. 1 on 26.03.2025. It is further submitted that'one post of Assistant Director of Industries is vacant in the Head Olllce, due to the retirement of one Mr. Kondoju Chandrasekhar, on

30.O+.2O25. Despite the same, the petitioner,s request for posting at the Head OfEce has not been considered. Therefore, lcarned counsel for the petitioner seeks indulgence of rhis Court. 5:, Per contra, learned Government Pleader appearing on behalf of the respondents, submits that in pursualce o[ the recommendations of the Departmental Promotion Committee dated 16.O1.2O25, respondent No.1 issued orders to fill up the vacancies in the cadre ot Assistant Director, in accordance with the administrative discretion. Accordingly, the p€titioner herein was promoted and posted as Assistant Director in the !l 4 PK, J W.P.No.14357 oJ 2025 office of respondent No.3, in an existing vacancy, vid<: rroceedings dated l8-O1.2O25, and she was directed to report to duty wjt rin ( 15) days from the receipt of the said order. However, vide letter date

103.o2.2025, the petitioner herself relinquished the promotion postir 1 , out of her own volition, and subsequently, vide letter dated 24.03.2) )5, conveyed that she regretted her earlier. decision and thus, request({ join duties as per the posting orders. In spite ol promotion, respondent No.l considered her reques, to be relieved to celinquishing her on humalitarian grounds, and relieved her from the duties of ..ir .perintendent on

26.03.2025. Thereafter, the petitioner joined duty as in the oflice of respondent No.3 on 22.03.2025. vehemently contended that tJ:e petitioner suppresr,( rssistant Director However, it is C these material facts and filed the present writ petition

6. It is contended that the transfer and postings <rr matter of administrative d.iscretion of the cnl authority, and the same are undertaken based c promotton are a rloyer/ appointing n administrative requirements of each post, keeping the public inter,: t in mind. It is further contended that the mere fact of the petitk,r posting at her desired place does not amount to er not getting a liscrimination or arbitrariness, as no Government employee has any. r posted at the posting of their choice. It is furth,: rsted right to be submitted that T 5 PK, J W.P.No.14357 of 2O25 consequent upon the retirement of Mr. Kondoju Chandrasekhar, on 9O.O4.2O25, a vacancy arose, which was duly filled by an approved PHC (Woman) candidate vide posting orders dated 03.05.2025, and thus, there are no vacancies existing as on date. Further, there is a subsisting bal on general tran sfer of employees by virtue of G.O.Ms.No.87 dated 31.07.2O25. It is further submitted that the petitioner had served in the Head Oflice for more than twenty one years, and she cannot seek promotion on her own terms, and is bound by the administrative discretion exercised by the employer. Therefore, there is no itlegality or arbitrariness in the impugned posting order dated

18.O1.2025. Hence, it is prayed to dismiss the present writ petition.

7. This Court has taken note of the rival submissions/contentions urged by tJle learned counsel for respective parties and perused the material available on record.

8. Admittedly, while the petitioner was working as a Superintendent in the office of respondent No.l, she was prcmotcd as Assistant Director of Industries vide proceedings dated 18.01.2025, and posted to the ollic€ of respondent No.3. However, it is to be noted that the petitioner has frled the present writ petition by suppressing the material fact that she had herself voluntarily requested for relinquishment of promotion, vide letter dated O3.O2.2O25, and subsequently, expressed her regret over :-; -{t+t. 6 PR, J W-P.No.14357 of 2O2S the earlier decision and requested to relieve her rom the duties of Superintendent so as to enable her to join tt e promoted post. Thereafter, respondent No.1 considered her request rnd relieved her of her duties vide proceedings dated 26.0A.2025, ajr I accordingly, the petitioner reported for duty at the ollice of r€ s f,ondent No.3 on 27.03.2025. In these circumstances, this Court is r f the opinion that the petitioner, having accepted the benefit ofher pror roton, is estopped from selectively challenging the consequential postu g order, and she cannot be permitted to approbate and reprobate rt:r promotion and posting order, at her own whims and fancies.

9. It is trite law in service jurisprudence that treurr fers and postings of Government employees are an incidence of servic e based upon the administrativc discretion of the employer, and no erq). lyee has a vested right to be continued or posted at a particular place ,r their choice. As held by the Hon,ble npex Court in a catena of judgmr rts as well as by the variou s High Courts, Courts shall refrain to i r terfere with an administrative transfer/posting of an employee, unlc s s mala fides are attributed to such transfer/posting or if such a tr.i nsfer/posting is effected in lieu of a punishment. Admittedly, the pet t oner hcrein had rendered her scrvices at the office of respondent Irrr .l for over tv/o decades, artd according to the respondents, the perr ioner has been i,--r'i*' 7 PK, J W.P.No.14357 of 2O25 promoted arld. posted in the oflice of respondent No.3, owing to the administrative requirements and public interest. As such, the mere fact that the petitioner could not be accommodated at the Head Oflice does not constitute the impugned posting order as arbitrary or discriminatory, and no nala frdes can be attributed to the respondents.

10. In the light of the above discussion, this Court is not inclined to interfere witll the impugned posting order dated 18.01.2025. As such, the present rvrit petition is devoid of merit and is liable to be dismissed. 1 1. Accordingly, the Writ Petition is dismissed. Miscellaneous applications, if any, pending in this lvrit petition, shall stand closed. No costs. //TRUE COPY// SD/. M. OSMAN ALI BAIG ASSISTANT REGISTRAR I G SECTION OFFICER To, .1. One CC to SRI P V KRISHNAIAH Advocate tOpUCl

2. Iwo CCs to GP FOR SERVICES |il, High Court for the State of Telangana at Hyderabad. [OUT]

3. Two CD Copies DAN TKS Nl_ 1j } 1l t E i I HIGH COURT DATED:1711012025 . I iE-) ,At€ i' ,ry r\. \ 2 i [[B 202t; z. c) -\- * * '/17 ORDER WP.No.14357 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS N' or\)*