Vedula Kalidas 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 pleased to issue any appropriate Writ, Order or direction, more in the particularly one in the nature of Writ of mandamus and to declare the in action of the respondents are not issuing orders for permitting the petitioner to join into duty as Superintendent in the office of the 4th respondent, since 01-04-2025 onwards, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of Art. 14, 16 and 21 of constitution of lndia and declaring the same in bad in law and consequently direct the respondents to i issue orders for permitting the petitioner to join into duty as Superintendent in the of the 4th respondent. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the ctrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to issue orders for permitting the petitioner to join into duty as Superintendent in the office of the 4th respondent, forthwith, pending disposal of the above writ petition. Counsel for the Petitioner : SMT G.M.SUNITHA, LEARNED COUNSEL REPRESENTING SRI C.RAJA SEKHAR REDDY Counsel for the Respondent Nos.1 to 3 : GP FOR SCHOOL EDUCATION Counsel for the Respondent No.4: SRI G.SRU CHANDRA The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU TTAJI'SHWA,R RAO WRIT PETITION No.18227 OF 2025 ORDER: Heard Smt. G. M. Sunitha, learnt:,f courrsel replesenting Mr. C. Rajashekar Rcddy, leerrned counsel appeirrirtg for tlre pctitioner, learned Government Pleader lor School Edr.tcation appeirring [or respondent Nos.1 to 3 and Mr. G. Sru Crrrn lra, leantcd Standing counsel tor RMSA appearing for respon<lcn, No.4 ancl irt.r'i-rsed the matcrial available on record.

2. The present writ petition is llled decl. rirrg tl-,e nrlcti(,n of [he respondents in not issuing thc ordcrs for pclmrttinli the ir<:l..tioner to join into duty as Superintendent in thc oflice of ttte 4'l' rcspondent, since O 1-O4-2025 onwards.

3. Learned counsel for the pctitioner sul>rnitteci (hat rtre l)ctitioner was initially appointed as a Junior Ar;sistant- Ln llr ramanztl Government High School on 25.O6. 199C. Thereafter, thrr petitiouer was promoted as a Senior Assistant on I -,1 2009 thc px:t.iti )Iler \\'as further promoted as Auditor on ll-9-2O2O. Since, therr the petitioner was discharging his duties lo thc utmost sittisfac:tiorl ol all his superior officers. It is furthcr -submitted tlrat, ;rft:r' gi zii 9- promotion to thc petitioner as Auditor in thc offit:e of th(' 2r'(t respoLrt-1t:rt on 14-9 2O2O, though there is a clear vacancy o[ {l,ditor post n the 2^(L r respon(lr nt ,ll c c- trut ttre 2nd rcspondent has not gi'e. the dutie s of ,Auditor o l1e pctiiiont:;- arrd on the other hand, thc petitioncr was a[lottcd lhe ',vork o.' S u pcr-irr tendent in G-sec[ion (Examin:rtion work). Wh.r tlt. rt,tt1r,r-:itoo(_1 thus, on certain allegations, the pctitionor \.[,as kept un.l,-:r s,tslrc,rsion ctn 19-O9-2022, thereaftcr, Charges u,e re fi amcd zrsg;lirrst rht: celiti,r,er. After making his defense statemenI and duc to rr'vir,'u'or'suspcnsion period, the petitioner was reinstatecl in[o servic'e ., :l I-0.1 .l()23. .I'tLe;.eafter, the respondenls issued I?ule 20 of CICA Itrtl,'s; l()!i I , lhe l.,etrt olcr was denied the c|argcs framed against ,+. [-errrnt,d t:,Lr.se] frrr the petitioner further subrnitted Lhat, aftcr ftrlloi*ing r h i pr.r'eriu'e, the Assistant Director o/o. Dtro Hyderabad Distri<;t, irr.r l').clr-ri. ciffic.r had conducted a'r enquin ancl submitted a rcporr <n: o'+ ()3.2('2:) to thc 2"d respondent anrl basing on thc enquirl -ep! r-r. thc 2,,,t re :;pondent passed final orders by imposing a punish:ncrr i>l nr:ljor pr naltl. i.e. u,ith holding of Onc Annual (iracie Ircr..rnrrrr[ \!itlr Cr.rinulatr'e Effcct as per Rule 9 of cCA Rules 199 1.

5. Le;rr,r'd co.nse' frr tfre petitioner further submittcd that the 2nd re spo,rir r.r t :rls. i ',sue I r,r,s rno.a punishme nt order of not joinir-rg the pe titione . ir,' ,r crrrr' :r1te. r'cinstatement of the petitioner, for u.hich [he pclitionei il is s rt,mrttrd ris explanation and thoreafter, thc 2rd rcsponrlt ot. or thc sa,d s,rrrple charge, issued a Final W:rrni.g to the petitioncr a:,1 ftrr-thcr clir.ci-ed the pctitioner to join i. thc rcinstated post i.e. O/o. District Educational Officer ancl EO, P(), SiS, llvderabacl, immcdiately within (O7) days from the late of rct,cipt o[ the proceedings

6. Learned counsel for the petitioner futthcr sul,,mittcil t)t:tt, aft.tr rcceiving the said orders of the 2I'd respon(lenL, i nt rr.,e cli;rt e Iy the petitioner has given the application personally to the 2''r respondcnt f<,rr permitting him to join into duty lrorn 07 04 ?-O)5, but the rcspondents hzrve not given any acknowledgnrent and irnrned.atcly Lhe application nas send by the petitioner through Registelccl Post on 0I 04 2025 and the same was received by thc respondt:nt ar,tthorities on 02 O4-2O25, but till date neither of the responderrt Nr,s.2 ilrrcl 3 had given permission or any proceedings Lo the petitioner to.loirt lnto duty as Supcrintendent in the ofllce of lhe 4th respondent as pcr Llre orders of the 2"d respondent. Aggrieved by lht: samt, th,.r ['re:;ent wril , I pctition is filed.

7. Lcarned counsel appearing for the resltor)d( nts stlt)nlittcd thert- thcy will consider and dispose of the application datt'd ()1.O1-'2O'2i;. submitted by the petitioner, with regard l.o joining the pt:tili,rner into duty and pass appropriate orders, in accordance u'rth lar.r'.

8. Having considered the submissions madc b',' I he lcarncd counscl for both the parties, the 2"a respondenl authoritv is <iirccted to consider the application dated Ol.A4-2025, subrritte d b-v- the I petltroncr \^ itlt r-c!!:l rd to allo*,ir-rg the petitioner to join into duty, and pass apl)roJ_,r'irrlc ordt'rs !hcreon, in accordance u,ith lau,, within a pe riocl .l' six (O;5) ,...,e ck s f ron., the datc of receipt of a copy of this ordcr. 9 . With t irc :r I ,,x,c 11i.,'..,r.n, this Writ petition is disposed of, at the admissi<ln s(zr2e i,scll No order as to costs. As a sr:r;ucr -n iscr.l larreous applications pending, if any, in this Writ Petiri,trr. shitll stand c.losed. //TRUE copytt SD/. A.V.S.PRASAD DEPUTY RFGISTRAR SECTIONi)FFICER ,/ The Principal Secretary, Education Department, Secretariat, State of r etangana at Hyderabad. The R-egional Joint Director of Schoor.Education, Ariya Schoor premises, 1sl floor, Opp. Nizam College, Hyderabad. The District Educational Officer, Aliya School premises, 1st floor, Opp. Nizam College, Hyderabad. The District Project officer. sarva shiksha Abiyan, Hyderabad, Aria Schoor Hremts_es, Upp. Nizam College, Hyderabad. Two CCs to Gp FOR SCHOOL EDUCATION, High Court for the State of Telan_gana at Hyderabad. [OUT] One CC to SRt C.RAJA SeXHAn REDDy, Advocate IOPUCI One CC to SRt G SRU CHANDRA, Advocate (OiUCi- Two CD Copies ?*- To

6. 7. B. SA BSR -a ')'t t'". 1HE 14r a- c 2I JUr. zlE o )> z i ,:ltjn,i r il HIGH COURT DATED:1610712025 ORDER WP.No.18227 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSTON WITHOUT COSTS. E -L