High Court · 2025

6. Ajoy Kumar, S/o Sri Sai Ram age 47 2-1-47913/2, Street No. 7 Sai Lalitha Apartments Near Gurudatta High School Nallakunta, Hyderabad-500044 AND n The State of Telangana, represented by its Chief Secretary, General Administration Depar.tment, Telangana Secretariat, Hyderabad-500021 ...PETITIONERS 2 The Principal Secretary to Government, Women Dev. Child Welfare and Disabled Welfare Department, Telangana Secretariat, Hyderabad-500021 3. The Principal Secretary to Government, Finance Department, Telangana Secretariat, Hyderabad-02 1 ...RESPONDENTS Petition under Article 226 of Ihe 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 G.O.l\rls.No.61, dated 24-5-2018, issued by the Finance (HRM.|) Department, Government of Telangana in connection with - Transfers and Postings of employees - Lifting of ban on transfers, to the extent'of the iule at Para lll Clause (a)(iii), namely, Priority criteria for consideration of options, for errploy,]35 with disability of 70 percentage or more ,:ts certified by a competent authonlr' as illegal, arbitrary and violation of Arlicle 14 of the constitution arrd against the provisions of the statute The Rights with Disabilities Act, 20 16 (Act NJo.4tt of 2016), and set aside the same, and consequenfly direct thei Respondentsi to r3vise the same in terms of the ,Act No 49 of IrO16 lA NO: 1 OF 2018 Petition unde' Section 1 51 CPC praying that in the circums:ances stated in the affidavit filed in support of the petitlon, the High Court ma_l be pleased to suspend the operertion of the G_O.Ms.No.61, Finance (HRIM I) Department, Government o' l-elarrgana, daled 24-5-2018 which is issued in c,:>nnection with - Transfers and Pos.irgs of employees - Lifting of ban on transfers, pending disposal of the lvrit p etition, in the interest of justice lA NO: 2 OF 2018 Petition unde' Section '15'1 CPC praying that in the circumstances stated in the affidavit fil:c in support of the petition, the High Court ma1,, be pleased to permit the petiliorerr; to file the additional material papers to the rercord of the writ Petition, in the inlerest of .justice lA NO: 1 OF 2C21 Petition ',,nder Section 151 cPC praying that in the circums.ances stated in the affidavit fil:C in :;upport of the petition, the High Court may be pleased to' recerve the c.(). l\4 s . No. 317, dated 0611212021 issued by the .1 Respondent as additional Material pa cer to the above writ petition in the interest o1 justice Counsel for th,: Petitroners: SRl. T DAMODAR Counsel for th() Resp,ondents: ADDL ADVOCATE GENERAL The Court made the lbllowing: ORDER --l*7 f- I l l I a ORDER: THE HON'BLE SRI JUSTICE PULLA I<ARTHIK WRIT PETITION No.18621 OF 2018 This Writ Petition is filed under Art-icle 226 of Constitution of India seeking the following relief: "...to issue a tuit, order or direction more particularlg one in the nalure of Writ of Mandamus decLanng the G.O.Ms.No.61, dated 24-5-2018, issuecl bg the F[nance (HRM.I) Department, Gouernment of Telangana in connection uith Transkrs and Postings of emplogees ' Lifting of ban on transfers, to tle extent of the rule at Parct III Clause (a)(iii), namely, PioitA citeiq Jor consideration of optrcns, Ior emploge-es ulith disabilitg of 7O% or more as certified bA o competent authoitg, as illegal, arbitrary and uiolation of Article 14 of the Constitution and against the prouisiotls of the statute "The Rtghts uith Disabilities Act, 2016" (Act No.49 of 2016), and set aside the same an(1 consequentlg direct the Respondents to reuise the sanre in ternts of the Act No.49 of 2O16 andpass..." ,:

2. Heard Sri T.Damodar, Iearned counsel for the petitioners and learned Additional Advocate General for the respondents.

3. Learned counsel for the petitioners submits that in similar circumstances, W.P.No.189 54 of 2024 was ltled before this Court and this Court passed interim order on 22.07 .2024 and the operative portion of the said order reads as under: "Having regard to the submissions made by learned counsel for the petitioner, there shail be an interim direction to the respondents to consider the representation of the petitioner dated i5.O7.2O24, arrd pass appropriate orders ih"."o.r, as expeditiously as possible, strictly in accordance with law and in terms of Section 2O(5) of the Rights of Persons with Disabilities Act, 2O16, and communicate a copy thereof to the petitioner." 'I 2 L:arne rl counsel further submits that ir-r pursr-r ance of the said orCer. respondent No.4 therein has addressccl a letter to respollc ont \o.2 therein uide Lr.No.CIE /126I2O24-Sfl RVICES-lll, dated 2',,1 .O7 .'-).O24 to take a policy decision rvith rerlard to the transfer c[ ]l isabled Employee's and to issue Suitable c,:ders in the matter arLd he same was pending consideration. Th,::refore, this Court, ;.r;rle older dated 23.O8.2024, has directcd respondent No. 1 therein ,o .-ake appropriate decision on the ler [ter, dated

24.07 .2O|!4 . Since, the petitioners herein stand 01 r the same footing a-. thr t of the petitioner in W.P.No. 18954 of 2O24, learned counsel prat s this Court to pass similar order in the I,resent Writ Petition a lso.

4. T're atr,ve made submission is not seriouslv disputecl by the learned t\Cdit,onal Advocate General for the respondent:i.

5. Ir, r,ier, of the above and for the reasons alike ir-r the order dated 2:1.08.2O24 passed by this Court in W.P.No.189t4 of 2024, this Wr.1 Pcli:ion is disposed of directing respondent ]1o.3 to take appiopriate lecision on the letter addressed by Comnissioner of Intermediale Education, Tclangana, uide Lr.No.ClE I 126/2024- SERVICUTS-lll, dated 24.O7 .2024, strictly in terms of S,:ction 20(5) of the Right -o Persons with Disabilities Act, 2016. as e;<peditiously as possit)le. -.'\,-*, / / ,-.--' ltta<&- 3 Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.MOHD. ISMAIL AS IS ANT REGISTRAR CTION OFFICER To, Ad m i n i strati o n De p a rtm e nt' r e r a ns a na , *: sg ::*,. "_";g!l]6 f; :if66r ,H?r,H".[i;:i,,.:x?,H,3ft :?',ilT"1h}',3T.?:,3:#?1[193x313.T.", 1 The PrinciDal secretary to Government, Finance Department' Telangana " Secretariai, HYderabad-021

4. One CC to SRI T DAMODAR Advocate [OPUC] sTwoCCstoADVoCATEGENERAL,HighCourtfortheStateofTelangana - at HYderabad. [OUT] j

6. Two CD CoPies (r KKS GJP HIGH COIJRT DATED:112102,12025 - r-_:. . 'i ir -: '-_-' -i f;; ORDER WP.No.18621 of 2018 02 tPn 2[25 :' ri!i J .Dls. rl tll r';(, -i.:'. ----i DISPOSING OF THE WRIT PETITION WITHOUT COSTS (A I 9u t)