'1 . Telangana Medical Employees Union Telangana State v. Family Welfare

Judgment

1. 2

6. 7_ o_ The State of Telangana, Represented by its Secretary, Health Medical and Family Welfare, Dr. B.R.Ambedkar Secretariate, Hyderabad The State of Telangana, Represented by its Principal Secretary, General Administration Department (services welfare ), Dr. B.R.Ambedkar Secretariate, Hyderabad The State of Telangana, Represented by its Special Chief Secretary to Government, Finance (HRIV-I) department, Dr. B.R,Ambedkar Secretariate, Hyderabad, The Commissioner of Labour, Government of Telangana. RTC cross Road, Hyderabad, The Commissioner of Family Welfare, Government of Telangana, Sultanbazar, Hyderabad, The Director of fr,4edical Education., Govt of Telangana, Sultan Bazar, Hyderabad.

The Telangana Non-Gezetted Officers, Union Represented by its President Sri M.Jagadeesh TNGO union office, TNGO Bhavan, A.janta gate. Near Exhibition, Nampalli, Hyderabad. The Telangana Vaidya vidhana Parishad., Rep by its Commissioner. Sultan Bazar,Hyderabad. ..RESPONDENTS Petition undor Article 226 of the Constitution of ln.iia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ar order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to (i) declare the action of the Respondent the Stl-r, 6th and 8th Respondents in not extending the office bearer priority to the Pelitioner Union office bearers by retaining at their respective places in which the'/ were working prior to transfer counselling as per para 6-C of G.O. Ms. No.80, Finance (HRM.l) Department, dated 03-07-2024, despite the recognition is giver to the Petitioner union and contrary to guidelines issued in G.O. It/s. No.80, [:inance (HRM.l) Department, illegal, arbitrary, discriminatory and amounts to act of victimization, (ii)consequently direct the Respondents sth, 6th and 8th to ext'.nd the office bearers priority to the petitioner union office bearers by retainincr at their respective places in which they were working prior to transfer counsellin5y as per para 6-C of G.O. Ms. No. 80, Finance (HRM.l) Department, daled O3-O7 -2024. 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 Coun may be pleased to direct the 5th, 6th a,rd Bth Respondents to extend the Office Bearer priority to the Petitioner Union oflice bearers by retaining at their respective places in which they were working prior to transfer counselling as per para 6-C of G.O. N/s, No. 80, Finance (HRt\4 1) Department, dated O3-O7 -2024. lA NO: 2 OF 2024 Petition undeI 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 DIRECT the official Respondents herein to revert the memberrs of the Petitioner's Union to their previ,, us places of work by absorbing them int,l the existing vacant positions in their respective localitiesor nearby places, ensurirrg that they continue to discharge their duties in their original designations withoul the undue hardship of traveling lonq dtsr lnces. Counsel for the Petitioners: SRI SAI PRASEN GUNDAVARAM Counsel for the Respondent Nos. 1,5 & 6: cP FOR MEDICAL HEALTH FW Counsel for the Respondent No.2: GP FOR GAD Counsel for the Respondent No.3: GP FOR FINANCE Counsel for the Respondent No.4: GP FOR LABOUR Counsel for the Respondent No.7: --- Counsel for the Respondent No.8:SRl VIJAY PRASHANTH SC FOR TWP The Court made the following: ORDER -7 THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.2O215 of 2024 ORDER: This Writ Jctition, under Article 226 of tlj,e Constitution of India, is filed seeking tlre following relief: -...to ssuc an order, direction or Writ more paiticularly one ln the nature of \i rit of Mandamus or any other appropriate writ to (i) declare the a(:tion r.f the 5th, 6'h and 8th Respondents in not exten(ling the office bearer prior Lt) to thc Petitioner Union office bearers by retitining at their respectivc pl:rces in rvhich they were working prior to transfer counsellingi as per para 6'C of G.O. Ms. No. 8O, Finance (HRM.I) Departmenr. rlated 03-07-2024, despite the recognition rs given 1o the Petitioner union and contrary to guidelines issued in G.O. Ms. No. 80, Finance lHl{M.l) Department, dated O3-O7 -2024 and G.C).Ms.No. 264, GAD, datoC 22-06-200| is illegat, arbitrary, discrinrinatory and arnounts tr, .lct of victimization, {ii) consequently direct the Respondents 5rI',6Ih an,r 8,r, to cxtend the office bearers priority to rhe petitioner union ofiic,: bcarers by retaining at their respective placcs in which they were rvorkirrg prior to transfer counselling as per para 6 () of G.O. Ms. No. 8O, Finiince (HRM.t) Department, dated O3-O7-2O24 and pass...'

2. Though thc rvrit petition is filed seeking the afore said relief, at the time of hcaring, learned colrnsel for the petitioners confined his arguments ancl prayed this Court to permit petitioner No.2 to make fresh representation to respondent Nos. 1,5 ald 6, drrly exercising her options agzrinst lhe available vacancies, and sought a dircction to the I respondents tr> r'onsider the said representation ald pass necessary orders within a rcasonable period of time.

3. Learned Govcrnrnent Pleader for Services-l has lairly submitted that the respond(,nts rvill consider the representation of p.-titioner No.2, FI 2 PK, J W.P.No.2O215 of 2024 1 \ as and when received, and pass appropriate orders within a reasonable period of time.

4. Having regard to the submissions made by learned counsel for the respective parties, without going into merits cf the case, the Writ Petition is disposed of_ permitting petitioner No.1 to mal<e a fresh representation to respondent Nos.l, 5 and 6, for redressal of her l grievance, within a period of one (01) week from the date of receipt of a copy of this order. On receipt of such representation, respondent Nos. 1, 5 and 6 shall consider the same, duly taking into account the available vacancies, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (06) weeks thereof and communicate a copy thereof to petitioner No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. SDI T ,SREENIVAS REDDY ISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER \ To, 1 2 3 4 5 The Secretary. Health Jvledical and . Family Welfare Dr' B R Ambedkar i;r"i#i;;t'he state of relansana Hvderabad The Principal Secretary' General Administration Denaftment (services welfare ). Dr. B.R.Ambedrar"#cieia'iale' in" st't" of Tblanqana Hyderabad The soecial chief Secretary to Government, Finance (HRI\I-|.) department 5J"a]d o".i;"d[ri s""r"tuiiit"]r[" stit" of relansana Hvderabad The Commissioner of Labour, Government of Telangana' RTC cross Road' Hyderabad, Family Welfare, Government of Telangana' The Commissioner of Sultanbazar, HYderabad, Govt of Telangana, Sultan Bazar'

6. The Director of l\4edical Education ' Hyderabad- 7 The Telangana Va Bazar,HYderabad ' idya vidhana Parishad'' Rep by its Commissioner Sultan --*-----l sa doc 03 oMl- ,L [19] 'eue6uelal lo ale]S eq] ro] uno3 q6!H 'UnOgV1 UOI d9 o] s3C oiv1'e ! 6 sv.r- 'euebue;a1 lo alels aq] rol Uno3 q6!H 'lCNVNg UOJ dC o] sCC o/\^f ZL [-1pg] eueouelal ]o a]ElS aLll rol uno3 q6!H 'CVe UOI de ot sCC oMf L L IrnoI Jo atets aqt Jo] pno3 qqH'MJ HttVfH tvClCft\j UOJ dC ,rt sCC oMI 0! dnnr uol cs 'HINVHSVUd ,^'vlln lus o] cc auo 6 l3naOl aleco^pv y\VUVAVONnC NISVUd tVS tUS o] CC ou6 '8 [116r] euebue;a1 \ HIGH COURT DATED:1 4!1012025 ORDER WP.No.2021!i of 2024 I ( (: -) .?, Eil1 f,, ? I I 0 70m D,. -t"\,,\ r) 'i i;tl DISPOSING I]F THE WRIT PETITION WITHOUT COSTS b