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 issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondent in not implementing the circular memo no.20914/SW1 lA2l2O12-2, dt.30.06.2012 issued by the 2nd respondents department for not counting the service of office bearers earlier to their election for the purpose of transfer, inspite of the specific directions issued in G.o.Ms.No.g0 Finance department for following he said directions and implementing the said directions selectively and not implementing the directions in case, without conducting counseling, without considering options is illegal, arbitrary and violates Article '14, 16 and 21oI Constitution of lndia and consequenfly declare that the petitioner is entitled to continue at Kothagudem in the earlier place as an office bearer (Joint Secretary of TNGOs Kothagudem Unit) after declaring the transfer T orders proceedings no.lDWA/M.2.-1iKNRyAdmnlu1t2024-2st1o, dt.20.o2.2024 so far as the petitioner is concerned is illegal and arbitrary in the interests of justice. lA NO: 1 OF 2024 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 issue an interim direction suspending the operation of the orders passed by the 4th respondent in proceedings no. lDwNM.z.-1tKNR/Admn/U'l/2o24-2sl\o, pdt.20.O7 .2024 so far as the petitioner is concerned. Counsel for the Petitioner: SRI P.V.RAMANA Counsel for the Respondent Nos.l,3 & 4: Gp FOR SERVICES lll Counsel forthe Respondent No.2: Gp FOR SERVICES ll The Court made the following: ORDER a THE HON'BLE SRI WSTICE PULLA KARTHIK WRIT PETITION No.19584 OF 2o24 ORDER: With the consent ol'both the partles, thrs Wrtt l)etrtion is taken up ibr disposal, at the stage ol admission. 2- This Writ Petition is lilecl, under Article 22Lr ol the Constitution of lndia, seeking the lbllou,ing reliel: -.-.to issue a Writ, Order or directrotr rllore ill thti llalure ol Mandamus declaring the action ol the respondenl ttt rtot implementing the circulat- mem() rro-2U9 t4/SW I lA'2lJO1'2-'2, dt:i}O.06.2012 issued by the 2"'r responderlts departmelll lor rrol counting the service ol olTice bearers earlier lo thelr cleclior lor tlle purpose ot transfer, inspite ol the specitic dlrections rssuc{l rIr (;.()- Ms.No.80 [iinance department tbr lbllowlng the said clircclrors arl(l implementing the said directions selectivelv and not inlplernentlng tlre clirections in case, without conducting counselling, wlthout considerrng options is illegal, arbitrarv ancl violates Arr(lc 14, lt) and 2l of Constitution of lndia and consequentlv declare llrat tlle petrtroner rs entitled to continue at Kothagudem tn thc eal-llcr lrlace as an ollice bearer Uoint Secretarv 01 I'NGOS l(othagudem UrrlIl alter declaring the transter orclers proccedings no.lDWA/ M .2.'I I l<Nl< / AdmnlUl l2024-25/80, dt:20.07.'2O'24 so lar as the l)etrtrurler is concerned is illegal and arbitran' ln the interests ol iustt(e alrd to l)ass..-"

3. Ileard Sri P.V.Ramana, learnerl counsel 1br the petitioner; learned Government Pleader lbr Services-lll lbr respondent Nos. l, 3 & 4; learned Government Pleader lbr Services-ll lbr respondent No.2.

4. Learned counsel lbr the Petitioner submits that the petitioner is rvorking as Senior Assistant in the O / c,.Assistant a ,./an) Wp I 9.;84 2024 Pay & Accounts Office, Kothagudem and he was also elected as Joint Secretarv of TNGOs Union, Kothegudem ot 1g.O2.2O24. F'urther. in pursuance of G.O.Ms.No.g0, dated 03.O7.2024, the petitioner's name was shown in the list of compulsorily transl'erred l)ersons. lt is further submitted that as per Memo No.2O914/SW .t/A2/2Ot2-1,' a.,"a 26.06.2( 12, issued by the Government. the employees involved in Union activities shall be retained to their posts irrespective of their seniority. Accordingly, one Smt.Asha Deepa, who is working as Superintenclent at the same office, was retained at Kothagudem considering her status as Office Bearer. However, the said benefit was not extended to the petitioner and the respondents issued impugned proceedings, dated 2O.O7.2024, transferring the petitioner to Mahabubabad, contrary to transfer guidelines. The petitioner is entitled for extension of benefit of retention as per guidelrne No.6(c) of G.O.Ms.No.g0, datecl . |o3.O7.2024. Therelbre, le;rrned counsel prays this Court to direct the respondents to retain the petitioner or to transfer him to Khammam as per the 2,,<r option exercised by him at the time of tran sfer counselling.

5. Learned Clovernment pleader tbr the respondents, lnstructlons. su bmitted that there is one vacancy of Senior I .J 1,ti,.1 lt t) It):)tl1 :O!.1 Assistant in Bhadradri Zone in the O/o.Pay antl Accounts Of{icer, W&P, Khammam District and the respondents will consider the case ol'the petitioner and issue posting orders ro that efl'ect.

6. Having regard to the submissions made bv learnecl counsel lbr the respective parties, this Court is ol the view thar the impugned proceedings, d,ated, '2O.O7.2024, which was issue<l lbr transt'erring the petitioner liom Kothagudem to Mahabubabad, are in contravention ol guideline No.b(c) ot' G.O.Ms.No.B0, dated O3.O7.2024. Therelbre, rhis Wrir petition is disposed of directing the respondents to issue tiesh posting orders to the petitioner by posting him at Khammam District, which is the 2r(l option exercised bv the petitioner, rvithout reference to his earlier transl'er order, dated )0.tJ7 .,2O,24, as expeditiously as possibie, prelerably within a period ol r\ fo (2) weeks liom the date ofreceipt ol a copv ol this order_ N() costs. Miscellaneous petitions pending, il any, shall stancl closed. //TRUE COPY/i SD/. A. SRINIVASA REDDY REGISTRAR ASSIS J ON OFFICER c $!!,[itidifl ,i:gB5f J#E tii?Bfl?xT": "'' D r B R A m b ed ka r re r a n s a n a ituB#p#si#[vrs:ffid+ft1ru',d'dr€hBfl;:ll,il,'#,angana l!!'i'{lr'sH':i-"dH;ff i,il'^i?:"":?:1#3al"Mu'|tizone',,Karimnasar srnvrces-rii riliri'do,"iri. the state or reransana, at ,ly;":$:l: ?3,1"o* Iyo""?r";l: ff.rr9- sERVICES-II' Hish court for the state of retansana, at Tr.,^ rrn rr^-i- - To

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7. R HIGH COURT DATED:0910112025 ORDER WP.No.19584 of 2024 t ( .".rtr IHF- S tA O 4 FEB ?Tfr z a .L , F'ATCH \:i' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @40 W