Sri G. Prashanth Kumar v. '1. The State of Telangana

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in issuing the Diversion of Services on Deputation basis from 2nd respondent office to 3rd respondent office vide Memo No. CE (lRRGNy WGLi SA/ A2l Depulalionl2025- 0211915 daled O210612025 of Respondent No.2 as illegal, improper, arbitrary and u nconstitutional and against the principles of natural justice consequently suspend the impugned proceedings Memo No. CE (IRRGN)/VVGL/SA/A2I Deputation/2025-0211915 dated 0210612025 of Respondent No.2. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in respect proceedings Memo No. CE (lRRGNy WGL/ SA/ A2l Deputationl2O25-0211915 dated 0210612025 of the respondent No.2 by continuing the petitioner in the respondent No.2 office, pending disposal of the above writ petition. Counsel for the Petitioner: SRI D.SAWANARAYANA Counsel forthe Respondents: GP FOR SERVICES-I The Court made the following: ORDER THE HON'BLE SRI ]USTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.17412 OF 2o2 5 ORDER: The present Writ Petition is filed to declare the action of respondent No.2 in issuing the diversion of services of the petitioner on deputation basis from the office of respondent No.2 to the office of respondent No.3 vide Memo No.CE(IRRGN)lWGL/SA/A2/ Deputation/20 25-O2l 1915, dated 02.06. 2025, as illegal and arbitrary.

2. Heard Sri D. Satyanarayana, learned counsel for the petitioner, and learned Governmen[ Pleader for Services-I appearing for the respondents. Perused the rnaterial on record.

3. The brief facts of the case are that the petitioner was appointed as a Junior Assistant pursuant to proceedings No.ES/E-U52, dated 07.08'20t2 and has been serving in the department since then' He was transferred and posted to the office of respondent No.2 on 06.01.2022 and continued his duties there for over three years. Due to the sudden demise of his elder sister and sister-in-law, along with severe back pain, the petitioner availed casual leave after informing the authorities through an explanation dated 27.O3.2025. However, respondent No.2 issued Memo No.CE(IRRGN)/WGL/SA/A2lDeputation/2O25-O2/19L5, dated 02.06.2025, citing unauthorized absenteeism and diverting the petitioner on mutual deputation to the Office of the Executive Engineer. I --/ I 7 Irrigation Division No'4, langaon' for a period Sri V. Srinivas, Junior Assistant' Aggrieved by of six months in Place of the same, the Petitioner filed the Present Writ Petition '

4. Learned counsel for the petitioner submits that the impugned proceedings vide Memo No.CE(IRRGN)/WGL/SA/A2lDeputation O2llgt5, dated 02'06'2025 issued by respondent No'2 be suspended' and appropriate orders be passed in accordance with law /2025-

5. On the other hand, learned Government Pleader for Services-I' appearing for the respondents, brought to the notice of this Court that the the Petitioner's said Memo dated 02'06'2025 was issued in view of reg ular absenteeism without obtaining permission from several cha nces, It is submitted that despite gtvtng explanation was found unconvincinq ' and accordinglY, the following the Petitioner's superior office rs. proceedings were issued : "Consequently, the explanation submitted by the above lunior Assistant in the referenced 3'd cited is unconvincinq and the services of Sri G' Prashanth Kumar' Junior Assistant (DoB: 13.08.1998 and Emp'No'2154471) of this office are hereby diverted to work in the Office of the Executive Engineer, Irrigation Division No'4, langaon on deputation basis on mutual grounds against Sri V' Srinivas' Junior Assistant, vice versa, for a period of (6) months from the date of ioining of the above individual'" 'l I '

6. Learned counsel for the petitioner submits that the petitioner is suffering from several health issues and is not in a position to travel to or work at Jangaon. Therefore, he filed the present Writ petition requesting to be continued at his earlier place of posting.

7. Having considered the submissions of both sides and the material placed on record, this Court directs the petitioner to report for duty at the deputed place, i.e., the Office of the Executive Engineer, Irrigation Division No.4, langaon. After joining the duty, the petitioner is directed to submit a detailed application before the competent authority, disclosing and substantiating his health condition within a period of four (4) weeks. On such representation is being made, the respondents are directed to consider the same and pass appropriate orders in accordance with law, within a period of six (6) weeks therefrom.

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// Sd/. MOHD. ISMAIL DEPUTY.BEGISTRAR secrrLanrrcen To,

1. The Principal Secretary, lnigation and CAD Department, Secretariat, Hyderabad, State of Telangana.

2. The Chief Engineer (lrrigation), lrrigation and CAD Department, Hasanparthy, Warangal.

3. The Executive Engineer, lrngation Division No.4, Jangaon. 4. One CC to SRI D.SATYANARAYANA, Advocate [OPUC]

5. Two CCs to GP for SERVICES-|, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR MP v I HIGH COURT \ \ DATED:0210712025 ORDER WP.No.17412 ot 2025 t ,)R iirE s T4 () .1- O. * 11 JUL zffi ? c) ir:,.-- 11 r:o * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t\