Mohammad Abdul Habeeb v. 1. The State of Telangana

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 pleasedtoissueanappropriateWrit,orderofdirection,preferablyoneinthe nature of writ of Mandamus and to declare the impugned Memo Roc' No' 2543t}lllt}6t2o22,dt.25-03-2022ofthe2ndrespondentwhereinrejectingthe claimofthepetitionerreallocationfromzone.|(Kaleswaram)tozone-lV(Badradri Kothagudem)withoutexaminingtheproperSenioritylistandalsototalnonfilling upofcadrestrengthi.e.82postsinsteadof6spostsinthecadreofLiveStock Assistants in zone-lV, the said action cif the respondents is highly illegal' arbitrary, unreasonable,discriminatoryandnonapplicationofmindandalsoinviolationof Art.l4,16and2loftheconstitutionoflndiaanddeclarethesameasbadinlaw andsetasidethesameandconsequentlydirecttherespondentstoconsiderthe case of the petitioner for re-allocation from zone-l (Kaleswaram) to zone-lv- Badradri Kothagucem as per his seniority in accordance wilh G.o.MsNo.317, G.A. (SPF-1 ) Depa lrrent, dt. 06-12-2021. l.A.NO:1 OF 2 022 Petition Undr:r $s611en 151 CPC praying that in the circums;tances stated in the affidavit filed ir support of the petition, the High Court rra.,r be pleased to suspend the imp,ug'r:d Memo Roc. No. 2s43lBllr/B,612022, dt.2t)-03-2022 of the 2nd respondent anr I direct the respondents to consider the car;e of the petitioner for re-allocation frc rr zone-l (Kaleswaram) to zone-lv-B adrac ri ,(othagudem by filling up total cadrt strength ie. 82 posts of Live stock Assistanls in zone-lv as per his seniority in accordance with G.o.Ms.No.317, G.A. (srrF i ) Department, d|.06-12-2021, pen J ng disposal of the above writ petition. I.A.NO:1 OF 2023 Petition unde' Section 151 cpc praying that in the circurnslances stated in the affidavit filed in rupport of the petition, the High court n ay be pleased to direct the responder ts to consider the case of the petitioner for re-allocation from zone-l (Kaleswararr ) to zone-lV (Badradri Kothagudem) by fiil ng up total cadre strength i.e., 82 pos tr; of Live stock Assistants in zone-lV as r er his seniority in the clear 11 existinc ,zacancies as on today, in accordance witr (:).o.lyls.No.317, G.A. (SPF-1) Depar rnent, dated 06-12-2021 , and by passing ;rppropriate orders on the representalio r submitted to the 2nd respondent by the p*titioner on 16-03- 2023. Counsel for the Petitioner : SRI C.RAJA SEKHAR REDDY Counsel for the Resoondents : AGp FOR SERVICES _ lll The Court made the following ORDER \ o HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION N o.228O7 ot 2022 ORDER: Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-Ill, appearing on behalf of respondent Nos.1 to 3.

2. The petitioner aooroached this Court seekino the oraver as under "...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.2543/8III/86/2022 dt 25-03-2022 of the 2''d respondent wherein rejecting the claim of the petitioner reallocation from zone-I (Kaleswaram) to zone-IV (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 al5o in violation of Articles 74, !6 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-I (Kaleswaram) to zone-IV (Badradri Kothagudem) as per his seniority in I I I I 2 I SN, J wP 22807 2022 accord. r,ce with G.O.Ms. No. 317, G.A. (SpF_1) Departr1ent, dt.06-12-2021 and to pass...,,.

3. The c t:;e of the petitioner, in brief, is that petitioner initially had )_.en appointed as Office Subordinate orr 18.02.1995 and su bsec L ently promoted as Live Stock l\ss istant on 08.06.2016, Thereafter 1't respondent issued G.O.tr,ls.No.317, G.A. (SPF-1 Department, dated 06.12.202L for allctment of persons hold ng posts required to be organized intc lor:al cadres. The petition( r opted zone-IV only but the respondelt:, allocated the petitione' to zone-I (Kaleswaram), whereas his juniors were retained in the same zone-IV only i.e. Badradri t".othagudem. Earlier the' petitioner fired w.p. No.B021 of 2022 i'rherein this Court passerl interim order dated lS.OZ.2022 directing the respondents r: dispose of the appeal dated 06.01 2(.t22. The petitioner's; c lse is that the 2nd respondent passe I mpugned order dated ?_5.03.2022 by not considering th(3 p:ltitioner,s representaiio't erroneously and without applicaflor of mind. Aggrieved by the same, the petitioner approached tre Court by filing the pres:nt writ petition.

4. The leilrned coun on behalf of the petitioner glrlbmits that the oetitioner is not inAt=s,ling-fsl AD n J SN, J wP 22807 2022 the main oraver as souqht for in the present writ oetition in view of sub uent develooments which re brouoht on record before this Court bv the oetitioner bv filino I.A. aJ )ll)) No.1 of 2O23 in the Dresent writ oetition'W.P. No.22407 re date etitioner a aln 25.O3.2(J23to the 2nd resoondent herei n. llocation A b aJa +,i w t f h r r

5. The tearned counsel appearing on behalf of the petitaoner mainly contends that though appeal had been preferred by the petitioner on 06.01.2022 as on date no orders had been passed and therefore, the 2nd respondent may be directed to consider the petitaoner's appeal dated 0,6.01.2022 seeking re-atlocation 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 law within a reasonable period. The said submission is not disputed by the learned Assistant Government Pleader, appearang on behalf of the respondents, who submits that I.A. No.1 of 2023 filed by the petationer in W.P. No' 22807 of 2O22 could be disposed off directing the 2nd respondent to consider the 4 a SN, J \\ry 22807 2022 grievance of the petitioner as put forth in the petitioner,s appeal dat,ed O6.O1.2O23 in accordance to law and pass appropriater orders within a reasonable periocl.

7. Takin(r into consideration : (a ) The aforesaid facts and circumstances of the case, (b) 't'he submissions made by the learnedl counsel appearing ,:n behalf of the petitioner and the learned Assistant Grfvernment pleader for Services-IlI, appearing on behalf oi the respondents, (c) r'lhe contents of the appeat preferred by the petitioner to the 2nd respondent herein dated 06.r)1 .2022, and the fact: that no order,s had been passed on the said appeal daterl O6.O1 .2022 pretened by the petitioner as on date as pe, the instructions obtained by the learned counsel appearing on behalf of the respondents, The ,nrrit petition is disposed of directing the respondent No,2 to consider the grievance of the petitioner as put forth vide petitloner,s appearl dated 06.01.2022 rtertaining to re-allocation of the petationer in the availablr: vacancies in Zone-fV i.e. five distr,icts i.e. 5 SN, J wP 22807 2022 Badradri-Kothagudem, Khammam' Mahabubabad, Warangal and Hanumakonda and pass appropriate orders on the appeal dated O6.OL.2O22 preferred by the petitioner, in accordance to law in conformity with principles of natural justice 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 06.01.2022. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/- P. PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER nt, Secretariat To SA

1. The Principal Secretary, Animal Husbandry Depa Buildings, State of Telangana at Hyderabad.

2. The Dilector of Animal Husbandry, Department, Hyderabad, Telangana State' 3.TheDistrictVeternaryandAnimalHusbandryofficer,Mu'luguDistrict. 4. Two CCs to GP FoR SERVICES .lll, High Court for the State of Telangana at Hyderabad. {OUTI

5. One CC to SRI C.nnln SEKHAR REDDY, Advocate [OPUC] 6. Two CD Copies C.C. TODAY 6 ... * q c L: 7. i; PE ST-A T(i 0 fi JIJN 2[5 Z c) * ...\ HIGH COURT' DATED:0910,412025 ORDER WP.No.2280r' of 2022 DISPOSING OF THE W.P WITHOUT CC)STS. 'Ltl