High Court · 2025

Petition under Section 't51 CPC praying that in the circumstances stated in the affidavit filed in support of the petitigrl' the High Court may be pleased tq direct the 191 and 2nd resPondents to forthwith iseue resPectino noltin3..ordel-s to the petitioners ;n l6eoffice of the 1st respondenl 6n{ allow the petitioners ta continqe in thg office of the 1st respQndent' pending disposal of the writ petition' Counsel for the Petltioner: SRI P'V'KRISHNAIAH Cqunsel for the ResPondent No'1 & f: GP EOR $ERVICFS'I Cqunsel for the Respo4dent No'3: GP FOR SERVIcES-lll The Cgurt made the follqwing: ORPER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.14248 of 2o.25 ORDER: . The present writ petition is hled by the petitioners under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus declaring G.O.Ms.No.78, Finance (HRM.VII) Department, dated O3.O7.2021 issued by respondent No.3 and all other consequential proceedings issued by respondent Nos.2 and 3, treating the petitioners as surplus employees and allotting them to various departments other than the Head Office, as arbitrary, illegal, discriminatory, and violative of Articles 14, 16, 2l and 371D of the Constitution of India, and to direct the respondents to forthwith issue posting orders to the petitioners in the office of the lst respondent, reckoning their seniority from the date of their initial appointment.

2. Heard Mi. P.V.Krishnaiah, learned counsel appearing for the petitioners, learned Government Pleader for Services-l appearing for respondent Nos. 1 to 2 and learned Government Pleader for Services- III appearing for respondent No.3 and perused the entire material avaiiable on record.

3. Learned counsel for the petitioners submits that the petitioners were appointed as Junior Assistants, Record Assistants, { I 2 wP,t4248_2025 RRN, J and Office Subordinates in the Head Office of the lst respondent, which is a State Cadre Post exempted in terms of Para 14-F of the Presidential Order. Upon bifurcation of the erstwhile State of Andhra Pradesh under the A.P. Reorganisation Act, 2Ol4 (herein after referred zLs "the Act") and based on the Section 77 ol the Act, the petitioners were allocated to the State of A.P. by the Kamalanathan Committee. It is further submitted that considering the hardships faced by such employees, who are residing in Telangana but posted in A.P., hoth the Governments of Telangana and Andhra Pradesh mutually decided and agreed to reallocate the employees based on nativity and in pursuance of the same, G.O.Ms. No.37, General Administration (SR) Department, dated 31.O3.2O21, was issued by the A.P. (iovernment relieving Telangana local employees of Class-lll and Class-lV categories as well as the 13 eligible Class-lV employees who wer,: appointed on compassionate grounds, including the petitioners.

4. Learned counsel for the petitioner further submits that the petitioners came back to State of Telangana from the State of A.P. It is further submitted that their services were never terminated nor treated as surplus employees by the State of A.P. Instead, the Government of Telangana issued G.O.Ms. No.78 dated 03.O7.2027, I 3 WP 14248 2025 RRN, J treating the petitioners as surplus employees and absorbed them in various district cadre posts, disregarding their cadre and service history. Subsequently, the State of Telangana has issued G.O.Ms. No. 18, Pinance (HRM.VII) Department, d'ated l2'O2'2O25' whereby, the employees, who had returned to the State of Telangana from the State of Andhra Pradesh, were given postings against the positions, which they were occupying prior to their allotment specifically in the Head Office. Furthermore, another Government Order was issued, wherein such employees were posted in Secretariat, thereby modifying the earlier orders' However' the authorities have acted in a discriminatory and arbitrary manner by accommodating Senior Assistants in the Head Office and Secretariat, while denying similar consideration to the petitioners' who are Junior Assistants, Record Assistants' and Attenders' despite all of them being similarly situated' Learned counsel for the petitioners submits that the action of 5. treating the petitioners as surplus employees and denying posting in the Head Oflice disregards their service history and seniority' which adversely affecting future promotions and benefits' It is further submitted that the action is contrary to the Presidential Order as well as contrary to Article 371D of the Constitution of India' t I 4 wP_t4248_2025 RRN, J Therefore, the petitioners approached this Court, for redressal as they have no other alternative remedy, by filing the present writ petition.

6. In vieu, of the above submissions made by the both the counsels. without going into merits of the case, the petitioners are directed lo make a fresh representation before the respondent authorities and on such representation being made, the respondent authorities shall pass appropriate orders in accordance with law within a period of six (06) weeks from the date of receipt of copy of this order. 7 With the above direction, the writ petition is disposed of. No order as t() co sts. As a sequel, misceilaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SDi.V, KAVITHA EPUTY REGISTRAR ,SECTION OFFICER {f L rU, State of Telangana, The Director of Public Health and Family Welfa Sulthan Bazar, Koti, Hyderabad. The Principal Secretary to Government, Health, Medical and Family Welfare Department, Secretariat Buildings, Hyderabad. The Principal Secretary to Government, Finance Department, Secretariat Buildings, Hyderabad. One CG to SRI P V.KRISHNAIAH, Advocate [OPUCI Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hydeiabad [OUT] Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 1 To, 1 2 3 4 5 6 7 BSR BS s I HIGH COURT DATED:01 10512025 l i]E s r4 16 \- o (-) ,.) ',9 o c) t 12 itjl'J 26 ,^tllrra tC!rr-O ORDER WP.t{o.l4248 ot ?025 PISPOSING OF THE WRIT PETITION, WTHOUT GOSTS (8,4'' w