High Court · 2025

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 i6sue an appropriate writ, order of direction, preferably one in the nature of Writ of Mandamus and to declare the impugned Memo Roc No' 2g81tBl|186t2122, dt. 3O-O3-2O22 ot the 2nd respondent wherein rejecting the claim of the petitioner reallocation from zone-ll (Basara) to zone-lV (Badradri Kothagudem) without examining the proper seniority list and also total non filling up of cadre strength i.e. 82 posts instead of 68 posts in the cadre of Live Stock Assistants in zone-lV, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and non application of mind and also in violation of Art.14, 16 and 21 0f the constitution of India and declare the same as bad in law and set aside the same and consequently direct the respondents to consider the case of the petitioner for re-allocation from zone-ll-Basara to zone-lV-Badradri Kothagudem as Per with G.O.Ms No.317 rrr seniority in the clear existing vacancies in accordance G l\ (SPF-l) Department, dl.06-12'2021' t.A.NO :1 OF 2022 Petition Under St::t on 15,1 CPC praying that in the circumstanr:es stated in the affidavit filed in ;r-rcport of the petition, the High Court may bt': pleased to suspend the impugne,cl Irrlemo Roc No. 29S1/Blll/86t2022, dL 30-0:t-2022 of the 2nd respondent and lirerct the respondents to consider the case of the petitioner for re-allocation fr,cm zr: ne-ll-Basara to zone-lV-Bad radri Kothagucenr by filling up total cadre strength e 52 posts of Live stock Assistants in zona-l'/ as per hiq seniority in the clef- r:x sting vacancies, in accordance with G.O. Mls.l\o.317, G.A. (SPF-1) De.artment iI 06-12-2021 , pending disposal of the abover writ petition' I.A.NO:1 OF 2023 Petition UnCer S :ction 151 CPC praying that in the circumsrances stated in the affidavit filed in sr pport of the petition, the High Court may b':: pleased to direct the responden':s l,r consider the case of the petitioner for re-allocation from zone-ll-Basara to zo re-lV-Badradri Kothagudem by filling up tota cadre strength i.e., 82 posts of t ive s lock Assistants in zone-lV as per his senic rit'/ in the clear 11 existing vacarcies as on today, in accordance wlth G.O.Ms.t'|o 317, G.A. (SPF-1)Department'rjlted06.12.2021,andbypassingappropria:e.:rdersonthe representation submittr cl to the 2nd respondent by the petitioner or ct3-03-2029. Counset for the Petitioner : SRI C.RAJA SEKHAR REDDY Counsel for the Resoondents : AGP FOR SERVICES - lll The Court made the following ORDER l HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION o.227 Oof2 o22 ORD ER: Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of petitaoner, learned Assistant Government Pleader for Services-fll, appearing on behalf of respondent Nos.l to 3.

2. The oetition er aD roached this Court seekino the oraver as u nder: "...to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the impugned Memo Roc. No.2981/8III/86/2022 dt 30-03-2022 of the 2nd respondent wherein rejecting the claim of the petitioner reallocation from zone_II (Basara) to zone-lV (Badradri Kothagudem) without examining the proper seniority list and also total non filling up of cadre strength ie 82 posts instead of 68 posts in the cadre of Live Stock Assistants in zone-IV, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and non application of mind and also in violation of Articles 14, 16 and 21 of the Constitution of India and declare the same as bad in law and set aside the same and consequently direct the respondents to consider the case of the petitioner for reallocation From zone-II (Basara) to zone-Iv (Badradri Kothagudem) as per his seniority in the clear existing 2 SN, J w, 227t0 2022 \ vacanclcs iq accordance with G.O.Ms. No. 317 G A (iPF- 1) D(rpart Trent, dt 06-12-202)- and to pass" "'

3. The cits.: of the petitioner, in brief, is that [)etitioner initially l'lac )een appointed as Veterinary Assis'tant on 25.07.20'.12 ard subsequently prornoted as Live Sto(k Assistant on 10.06,20 l-6. Thereafter 1't respondent issued G O' Ml' No'317, G.A. (SPF-1) Department, dated 06.12.2021 for allol:ment of persons f olc inQ posts required to be organized into lrlca I cadres' The petitionr:r opted zone-IV only but the respondents allocated the petitione' to zone-II Basra, whereas his .lunittrs were retained in tlre same zone-IV only i'e' Badradri K'lthagudem' Earlier the F,el itioner filed W.P. No. 10906 of 2022 !vh")rein this Court pass(rd interim order dated 02.03.2022 rJirer:ting the respondents tl dispose oF the appeal dated 07'0"1'2022' The petitioner's ci::;e is that the 2nd respondent passed inpugned order datec :i0.03.2022 by not considering the pcltitioner's representati )r erroneously without application c f mind' Aggrieveil by the same, the petitioner approached tlre Court by filing the pr()s()'lt writ petition. 3 SN, J wP 22'1tO 20D-

4. The learned counsel appearing on behalf of the petitioner submits that the petitioner is not insisting for the main prayer as sought for in the present writ petition in view of subsequent developments which are brought on record before this Court by the petitioner by filing I'A' No.1 of 2O23 in the present writ petition W'P' No' 227LO of 2C.22 which refer to the appeal preferred by the petitaoner against the allocation of new cadre dated

03.03.2023 to the 2nd respondent herein.

5. The learned counsel appearing on behalf of the petitioner mainty contends that though appeal had been preferred by the petitioner on O7.01.2O22 as on date no orders had been passed and therefore, the 2nd respondent may be directed to consider the petitioner's appeal dated 07.Ot.2O22 seeking re-allocation of the petitioner to the places where the vacancies exist in zone-Iv i'e' Badradri- Kothagudem, Khammam, Mahabubabad, Warangal and Hanumakonda, in accordance to !aw, within a reasonable period. The said submission is not disputed by the learned Assistant Government Pleader, appearing on behalf of the respondents, who submits that I.A' No'1 ot 2O23 filed by I I .i 4 SN, J \tP 22'710 2022 the petiticn,:r in W.P. No. 227LO ot 2022 could be disposed off directing the 2"d respondent to cons;ider the grievance of the petitioner as put forth in the petitioner's appeal clat,ed 07.O1,2022 in accordance to law and pass appropriat<: orders within a reasonable period.

7. Ta-k!-nll'nlg_coosi-dgatlon : (a) Ther aforesaid facts and circumstanc:es; of the case, (b) rhe submissions made by the learned ,counsel appearing ort behalf of the petitioner and the learned Assistant Government Pleader for Services-III,,rppearing on behalf of the respondents, (c) Tfre contents of the appeal preferrr:d by the petitioner to the 2nd respondent herein dated O:3.03.2023 and the fa(t that no orders had been passed on the said appeal date'd 07.01.2O22 prelerred by the petiticrnr-rr as on date as perr the instructions obtained by the learned counsel appre,lring on behalf of the respondents, The writ petition is disposed of direr:ting the respondent No.2 to consider the grievancer of the petitioner as put forth vide petitioner,s appeal dated 7 5 SN, J wP 22710 2022

07.OL.2O23 pertaining to re_aflocation of the petitioner in the available vacancies in Zone_IV i.e. five districts i.e. Badradri-Kothagudem, Khammam, Mahabubabad, Warangal and Hanumakonda and pass appropriate orders on the appeal dated O7.OL.ZO22 preferred by the petitioner, in accordance to law in conformity with the principles of natural justace by providing an opportunity of personal hearing to the petitioner, within a period of four (4) weeks from the date of receipt of this order and duly communicate the decision to the petitioner on. the said appeal dated O7.01 .2022. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any pending, in the Writ petition shall also stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR /ffRUE COPY// To secrtoNfrrcrn 1. The Animal Husbandry Department, Secretariat Buildings' State of Telangana 2. The Director of Anrmal Husbandry Departmenl Hyderabad, Telangana State' 3. The District veternari'ani-i;il"i H;;b;;Jtv offi-cer' W-arangal Diskict' 4. Two CCs to Gp rois'Envici$-rrr, Hisr, c6urt for the state of Telangana at at HYderabad. Hvderabad. [OUT] ijii,-cCi" dnr C.hnLn sEKHAR REDDY, Advocate [oPUC] Two CD Coples 6 6 SA BS C.C]. TODAY ..4 .1' ' >\ 'C.e- STAI€ I I iuii ,/ it ,: /:: I :.) l,) .i. \::-:- .:-_;-:ti._ z n -f. ,d. <l * HIGH COURI' DATED:091041:1025 ORDER WP.No.22710 o12022 DISPOSING OF THE W.P WITHOUT C;OSTS. 4 u /gft_4