The High Court · 2025

Order

Heard Sri Srinivasa Rao Madiraju, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I, appearing on behalf of respondent Nos.1 to 3.

2. The petitioner filed the writ oetition seekinq the llowin relief : "... to issue a writ order or direction especially one in the nature of writ of Mandamus declaring that a) proceedings in No.ES/ES/MA/NARA/REAS/0005 dt. 22- 72-2021 allotting the petitioner to Narayanpet District is illega I and a rbitra ry. b) declare that the rejection orders passed by the respondents in Memo No. S Pllsecret ary peshi/2O21-255, dt. 37-3-2022 is illegal and arbitrary. c) further declare that the petitioner is entitled to be allotted to Mahaboobnagar District d) and pass... ".

3. The case of the petitioner in brief, is that petitioner initially joined the service as an Attender in February, 1990 and later

promoted as Record Assistant in 2010. As per G.O. Ms.No.317, dated 06.12.2021 the petitioner was allotted to Narayanpet District vide proceedings No.ES/ES/tvtA/NARA/REAS/0005, dated 2 SN..I wP 2122,1 2022

22.12.2021. Petitioner filed appeal to the District Collector and District Educational Officer on 27 '12'2021 but no action has been acted upon the same. The petltioner on an earlier occasion filed W.P. No. 4167 of 2022 challenging the order dated 22'12'2021' allotting the petitioner to Nagarkurnool District instead of Mahaboobnagar District and the Hon'ble Court passed interim orders dated 1.2.2022 directing the respondents to consider and pass appropriate orders on the appeal filed by the petitioner dated 27.12.2027 on or before 22'03'2022' According to the Rules only 2 SC employees were to be allotted to instead 3 SC candidates were Mahaboobnagar District but District, theY are one Sri G' allotted to Mahaboobnagar Krishnaiah at Sl.No3., one Sri K Ravi Kumar at Sl'No'15 and petitioner name is shown at Sl'No'5' Petitioner was promoted as Record Asslstant on 17 'll'2010 whereas G' Krishnaiah was promoted as Record Asst' on 04'11'2011 and Ravi Kumar was promoted as Record Asst' on 11'10'2016 and that both are allotment is contrarY to juniors to the petitioner and the dated O6.t2.202L. The resPondents rejected G.O.Ms.No.317, the case of the petitioner by proceedings dated 31'03 2022' J SN, J wP 24224 2022 Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. RUSED THE EC (A) Th lmDuqned order vide Proc.No. Es/Es/ MAI NARA/REAS ooo5. Dated 22.L2.2021 oas ed bv resoon dent No.3 is extracted hereunder: Government of Telangana Department of SCHOOL EDUCATION Proceedings of District Educational Officer, Ma habubnaga r Proc.No. ES/ES/MA/NARA/REAS,/OOO5, Dated 22,L2.2O21 Sub: The Telangana public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order 2018 _ Organization of Local Cadres - Allotment of persons to New Local Cadre-Orders-Issued. Read: 1. G.O.Ms.No.317 GA(SpF) Dept., dated: 06.t2.2021. ORDER In pursuance of the provisions contained in paragraph 4 of the Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018 the Order and Guidelines issued in the reference 2"d cited and the alotment made by the Committee authorized by the Government. the following allotmeni is ordered. Employee Name Employee ID Employee Mobile Number : 9550227584 Designation ' Erstwhile Local Cadre : Mahabubnagar Allotted New Local Cadre : Narayanpet : SRI SHAMSHUDDIN : t7O6773 : Record Assistant (Local Cadre) You are hereby directed to report to your new Local Cadre mentioned above within 3 days from issue of orders. USHA RANI AGGADI District Educational Officer '1 4 SN,,I wP 24224 2022 Mahabubnagar To The Individua I Concerned. (B) The imDuqned ordef t{!de Memo No. Sol/Secretarv Peshi/2O2 -25 s, dated llJlil2o2l Dassed bv the resoondent No.1 rsext ereunder: GOVERNMENT OF TELANGANA SCHOOL EDUCATION DEPARTMENT Memo No. Spl/Secretary Peshi/2O2L-255, date z 3L.O3.2O22 Sub: Presidential order 2018 - Allocation of local cadres Appeal received - orders of disposal of appeal issued - Reg. Ref: 1 2 J 4 G.O.l,ls.No. I24, G.A. (SPF-MC) Department, dt: 30.08.2018, G.O.Ms.No.317, G.A. (Ser.I), Dept. Dt : 06.72.2027, Govt. Memo No.1655/SPF.L2O2l-7 of General Administration (SPF.I) Department, Dt : 23.12.2O21. Interim orders dated 01.02.2022 of the Hon'ble High Court issued in W.P. No. 4767 /2022 filed by Sri shamshuddin, Record Assistant, erstwhile Mahabubnagar District. ++* The appeal filed by Sri Shamshuddin, Record Assistant, erstwhile Mahabubnagar District has been examined in light of the orders of the Hon'ble High Court in W.P. No.4167/2022, relevant rules, and records furnished by the District Educational Officer, erstwhile Mahabubnagar District. The petitioner is found not eligible for considering his case in terms of the orders issued in references 2nd and 3'd read above as there is deviation in allocation and seniority of the petitioner. No juniors to the petitioner were allotted to his preferred place. The appeal of the petitioner is hence rejected. The District Collector, Mahabubnagar District and District Educational Officer, lYahabubnagar District are directed to take Further necessary action in the matter. xxxx/- 5 SN, J wP 24224 2022 Sd/- SANDEEP KUMAR SULTANIA SECRETARY TO GOVERNMENT (FAC) (c) oun r dent N tn Da lar oar Nos. 6 to 11 are extr cted here nder: "6. It is respectfully submitted that, the petitioner is at Sl.No. (5) in the seniority list of Record Assistants, erstwhile Mahabubnagar district and was appointed on 01.03.1993 on compassionate appointment. Petitioner has given his preference for allotment of new local cadres in the order of Mahabubnagar and Narayanpet and he was allotted to the new local cadre of Narayanpet District. The general cut off for getting allotment to the new local cadre of Mahabubnagar district is at Sl. No. (1), whereas the petitioner is at Sl. No. (5) in the sen iority list.

7. It is respectfully submitted that, petitioner contends that he was promoted as Record Assistant on 17.11.2010 and the following Record Assistants were allotted to new local cadre of Mahabubnagar under SC proportion against guidelines who are juniors: SI. No Seniority No. Name of the Indlvidual Date oF promotion as Record Assista nt 1 2 Sri G. Krish na ia h o4.LL.2017 15 Sri K. Ravi Kumar

11.10.2016

8. It is respectfully submitted that, a report was obtained from the District Educational Officer, Mahabubnagar district. petitioner was appointed as Office Subordinate on 02.03.1990 belongs to General Category. The following are the findings in respect of the Record Assistants who were allotted to new local cadre Mahabubnagar district "r \ --'l 6 - SN. J wP 2D21 2D2 under sc/sr proportion as per G.o.Ms.No.317 and they are juniors to the petitioner with regard to the contention of the petitioner: sl. No I 2 Seni No. 3 Name of the indrvidual Caste G Krishnatah SC Date of first apporntment subordtnate 09.10.2007 offtce Date of promotion as Record Assistant 05.11.2011 AJJotted District Remarks l4ahabubnagar 15 K. Ravr Kumar SC

10.o7 .2009

01.10.2016 Mahabubnagar luntor to pebtioner lunror to troner

9. It is respectfully submitted that, if the seniority is revised as per the date of appointment in the cadre of Record Assistant, Sri. K. Dayakar Goud would be placed at Sl. No. (03) and Sri. Shamshuddin would be at Sl. No. (0a), Sri. Mogulappa would be at Sl. No. (05) and Sri. G. Krishnaiah would be placed at Sl. No. (06) in the seniority list, 1O. Further, it ts respectfully submitted that, total working strength of Erstwhile f.4ahabubnagar district is 24 and SC working strength is 03. The a|ocable strength for the new rocal cadre of Mahabubnagar is (04), Nagarkurnool is.(09). Wanaparthy is (04), Narayanpet is (05), Jogutamba_Gadwal is (01) and Ranga Reddy (part) is (01) which is fixed by the Finance Department. As per SC proportion, (01) SC is to be allotted to the new tocal cadre of Nagarkurnool, (01) SC js to be allotted to the new local cadre of Narayanpet and another senior most SC candidate is to be allotted to either Mahabubnagar or wanaparthy whichever he chooses first. As per seniority and preferences of the individuals, (01) senior most sc candidate i.e, Sri. G. Krishniah has given his first preference to the new local cadre of Mahabubnagar. Hence, he was allotted to the new local cadre of Mahabubnagar district. 7 SN, J wP 24224 2022

11. It is respectfully submitted that, out of (04) posts which are to allocated to the new local cadre of Mahabubnagar, Smt. G. Maheshwari was allotted to the new local cadre of Mahabubnagar district under the preferential category of 'widow' as per Guideline No.22 of appendix to G.O.Ms.No.317 GAD (SPF-I), Dt .06.L2.2O21. Smt. Shaila Kumari was allotted to the new local cadre of Mahabubnagar under general category. Even if Sri K. Ravi Kumar is re-allotted from Mahabubnagar to the new local cadre of Nagarkurnool, the petitioner would not have been allotted to I"lahabubnagar as another (02) seniors namely Sri Sreedhar Raju and Sri K. Dayakar Goud have given their first preference to Mahabubnagar but got allotted to other new local cadres". DISCUSSION AND CO NCLUSION:- 5. The learned counsel appearing on behalf of the petitioner submits that vide the impugned proceedings No.ES/ES/MA/NARA/REAS/OOO5, dated 22.L2.2O21 of the District Educationa! Officer, Mahabubnagar, the petitioner was directed to report to the petitaoner's new Local Cadre i.e. Narayanpet within 3 days from the date of order. The petitioner preferred appeal to the Secretary to Government (FAC),School Education Department, Government of Telangana against the order, dated

22.L2.2O2L, but the same was rejected vide order, dated 3L.O3.2O22, on the ground that there is deviation in 8 SN, J wP 24224 2022 \ allocation and seniority of the petitioner and no juniors to the petitioner were altotted to petitioner,s preferred place. The learned counset appearing on behalf of the petitioner submits that the order impugned dated 31.03.2022 of Respondent No.1 is bereft of reasons and without any justification. Learned counset for the petationer further pracing reriance on the detairs furnished in the tabutar statement in the counter affidavit filed on behalf of 2nd respondent submits that one Sri G. Krishnaiah, who had been promoted on O5.11.2O11 is junior to the petitioner and was allotted to Mahabubnagar Distract and the said person had passed away and therefore, the petitioner,s request could be considered in the said existing vacancy.

5. Th ear ed e nth f n wri n ov I m PI d n v I n m ean h un r ti df n o.2 con f s r n u ow v r u s c I r r ec th firs red b , -/ 9 etiti ner witho SN, J wP 24224 702? nd in wo R the oetitioner that sDecific olea of G.Krishnai ah who is iunior otheD etitioner had oa ed vandh ence, a vacancv arose, the ma er coul one Sri reml tted to the l"t soonde nt for r consideration of the oned oroceedin s, date 22.L2. O21 an 31.03. o22 issu ed to the oetitio ner.

7.7 (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I, appearing on behalf of respondent Nos.l to 3, and upon consent of both the learned counsel on record, (c) The averments made in the counter affidavit filed on behatf of respondent No.2 in particular para Nos'6 to 11 (referred to and extracted above), l0 The w D etitio ts allo ed. a 1 2 2a u d rnm n F to Te! s h ol Ed a o OV ide nd th a refer d h h 1"t r m n rv EP I a SN, J wP 24224 2022 The rmDUqn ed s e t N t I e t Ed o.E ES A RE s o 5

2.2 2L d to h s e .d ern en F d t a t e G ern en of e n er tio h e ltt r n d s

27.L o2 n o D 1 rt WI a d n ln o n er ont t tio r ran wh e K n h wh n I d h t r n e o e s h d s ro riat ex tin V n of two 2) the date w !p n fa coI, of this 7 II SN, J wP 242)4 202) order and dulv communicate the decision t petitioner. However. there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed. ' I sD/' AHMED.+\ABS|kEIT'IHIH / ASSIS I rffRUE coPY// secr$drrrcrn "''*r***'s[?""g::?y'"':''?""'fi 3:' , T.?'5,Y333,.03'ot"n""' "lss[H:l?:'f""""5X[83""3ffi |inff.$ff5q$'"ru;'#*,*ifli*ru-'"u''ru:;il"i"' BM ?A HlGH COURT DATED:2010G12025 CC TODAY ORDER WP.No.24224 of 2022 1 I

2.c e 1 e i) \ t n !f l-S2 * rrqT ALLOWING THE WRIT PETITION WITHOUT COSTS I fH *r o 1