Principal Secretary, School Education Department, Secretariat, Hyderabad. Sri E v. Narasimha Reddy, The Commissioner and Director of School Education, Govemment of

Petition unde' Section 151 CPC praying that in the c rrlumstances stated in the affidavit f iled in support of the petition, the High ior- rl may be pleased to direct the responde rts to forthwith post the petitioner as Head Master of primary School (LFL HM) at II/PPS, Thujalpur of Bibipet Mandal c,f Kamareddy Disrict which non- joining and existing vacancy and to pass such other order or orders as this Honble Court may deem fit and proper in the interest of justice. lA NO: 2 OF 2024 Between:

1. The State of l elangana, Rep. by its Principal Secretary, School Education Department, Siecretariat, Hyderabad.

2. The Commissioner and Director of School Education, Ciovernment of Telangana, H,rderabad.

3. The District Educational Officer, Kamareddy District, at K.amareddy. AND P. Rajesh, S/o Gan,la Prasad, aged about 46 years, Working as Head Master of primary School (LtrL HM), IVandal Parishad Primary School, IVIaqdumpur, Nizamsagar Mandal, Kamareddy District. ...RESPONDENTS ...PETITIONER Petition unde- Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to vacate the lnterim order passed in WP.No.17518 of 20',24 dt.O8-07-2024 and dismiss the Writ Petition. Counsel for the Petitioner : SRI A.PHANI BHUSHAN Counsel for the Respondents: GP FOR SERVICES I W.P.No.17529 OF 2024 Between: Deeti Mohan, S/o Poshetty, aged about 46 years, Working as Head Master of primary School (LFL HM), Mandal Parishad Primary School, Akkapur, Yellareddy Mandal, Kamareddy District. AND 1 The State of Telangana, Rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 3 The Commissioner and Director of School Education, Govemment of Telangana, Hyderabad. The District Educational Officer, Kamareddy District, at Kamareddy. ...PETITIONER ...RESPONDENTS 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, orders or direction, more particularly one in the nature of the Writ of Mandamus, declaring the action of the respondents in not considering the claim of the petitioner for posting as Head Master of primary School (LFL HM), Mandal Parishad Primary School, Peddamallareddy of Bhiknoor Mandal of Kamareddy District which is a non-joining and clear existing vacancy as the incumbent namely S.Vidhyadhar who is being senior to the petitioner opted for School Assistant and LFL Head Master and joined as school Assistant as such the posting given to him as LFLHM, peddamallareddy fallen vacant and the petitioner opted the same place as his lst option as being arbitrary, illegal, unjust and violative of Article 14, 16 and 21 of the Constitution of lndia and consequently hold that the petitioner is entitled to be posted as Head Master of primary School (LFL HM), Mandal Parishad Primary School, Peddamallareddy of Bhiknoor Mandal of Kamareddy District with all consequential benefits. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High Co-rrl may be pleased to direct the respondents to forthwith post the petitioner as Read Master of primary School (LFL HIV) a1 MPPS, Peddamallareddy of Bhiknoor tVlandal of Kamareddy Disrict which non-joining and existing vacancy. lA NO: 2 OF 2024 Between:

1. The State of l.elangana, Rep. by its Principal Secretary, School Education Department, Siecretariat, Hyderabad.

2. The Commissioner and Director of School Education, Ciovernment of Telangana, H lderabad.

3. The District E,lucational Officer, Kamareddy District, at X.amareddy. ...PETITIO}IERS/RESPONDENTS AND Deeti Mohan, S/o f)oshetty, aged about 46 years, Workirg as Head Master of primary School (LFl. HIM), Mandal Parishad Primary Schocl, Akkapur, Yellareddy Mandal, Kamareddy District. ...RESPONDENT/PETITIONER 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 vacate the lnterim order passed in WP.No.17529 of 2024 dt.08- 07-2024 and dismiss the Writ Pel ition. Counsel for the Petitioner : SRI A.PHANI BHUSHAN Counsel for the Res;pondents: GP FOR SERVICES I CONTEMPT CASE l,JO: 1540 OF 2024 Contempt Case Under Sections 10 To 12 Of Conternpt Of Courts Act To Punish The Respondents Herein For Willfully Violating Th,: Orders Of The High Court Dated 08-07-'^1024 passed in W.P.NO.1751B of 2024. Between: P. Rajesh, S/o Ganga Prasad, aged about 46 years, Working as Head Master of primary School (LFL HM), Mandal Parishad Primary School, Macidumpur, Nizamsagar Mandal' Kamareddy District' AND ...pETrroNER

1. Sri Burra Venkatesham, l.A.S., The Principal Secretary, School Education Department, Secretariat, Hyderabad.

2. Sri E.V.Narasimha Reddy, The Commissioner and Director of School Education, Govemment of Telangana, Hyderabad.

3. Sri S.Raju, The District Educational Officer, Kamareddy District, at Kamareddy. ...RESPONDENTS Counsel for the Petitioner : SRI A.PHANI BHUSHAN Counsel for the Respondents: GP FOR SERVICES I CONTEMPT CASE NO: 154H. OF 2024 Contempt Case Under Sections 10 fo 12 Of Contempt Of Courts Act To Punish The Respondents Herein For Willfully Violating The Orders Of The High Court Dated 08- 07- 2024 passed in W.P.No.17529 ol 2024. Between: Deeti Mohan, S/o Poshefty, aged about 46 primary School (LFL HM), Mandal Parishad Mandal, Kamareddy District. years, Working as Head Master of Primary School, Akkapur, Yellareddy ...PETITIONER AND 1 2 3 Sri Burra Venkatesham, l. A. S, The Principal Secretary, School Education Department, Secretariat, Hyderabad. Sri E. V. Narasimha Reddy, The Commissioner and Director of School Education, Govemment of Telangana, Hyderabad. Sri S. Raju, The District Educational Officer, Kamareddy District, at Kamareddy. ...RESPONDENTS Counsel for the Petitioner: SRI A.PHANI BHUSHAN Counsel forthe Respondents: GP FOR SERVICES I The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PETITION Nos. 17518 t7529 0F ?o24. CONTEMPT CASE Nos. 1540 AND 1s44 0F 2024. COMMON ORDER: Since the issuc- in both the Writ Petitions is orte and the same and that the Cfrntclrpt Cases are inter-linked, all thcse cases are being heard tog( lher ancl disposed of by way of this conrmon order.

2. W.P.Nos. I 75 t8 ol 2024 is liled seeking the follorvrng relief "...to issue a \\ri1- ()r'(ler, ordcrs or dircction, more particularly olle in the nature of the \Vrrr r I \lrrDrlamus. dcclaring the action o[ the respondents in not c,rrrnr ()l Ih,' pctrtloncl- ior posring as tlcad I'laster of primaJy considclllrg tl School ll,FI- IIlJl. l\landal I',rishad I\imari'School, Thujalpur of Brbipct Mandal of Kamirrcd(l\ I) \Lni I \r.hl.h rs ir rron joirttrtg and clcar cxistin! vacanc] as the rncumbenL ntLrrh Srr VasLral:r Raiashckar rvho is berng scnro'to the petitioner opted lor Scho )r Assrsrirnl :Lnd l.l"L Head Mastcr and joined as s( hool Assrstant as such thc postir u gL!( n ro hrm as LFLI I M, 'l'hujalpur fallcn vacant rrd the petrtioner opted the <:ul , pl;r(,' 'r\ irs l8Lrr oplron irs beillg {rbitrary, rl c3irl, unjusr and Yrolativc ol ,\rt ld l rl. 1(, rnd 2 l of thc Constitution of lndia and , onsequently hold theit thc pcrilLr ll.r rs , nLlrl(ri Io b(: poste(l its llcad N'laslel of prrmirry School (LIrl- IIM). MrurdrLI I rrshr(t P|rmar\ Srfiool, Thttlalpur of tlibipct Mai)di of KamaJed(iy I)istrlct \\1Lh a icr,nscclr.rcnrrrrl L)cncflls and to pass such other ar(lar or orders as this Hor1l)1. C{ rrrL milv (lccrn llt and Propt:r in the interest ofjustic(...' W.P.Nos.li ;t29 of 2024 ts hlecl seeking the follow ng relief ".-.to tssuc e 1\rlr, o.(lcr, ,rrdcrs or rlilcction, morc particularly o,)e in the nature of thc writ , I l\{an(lamus. declarrng lhe actron of the respondenls in not consldcrlng tf_ caun ol thc pelitioner tor posting as llcad l\lasLer of prrmary School (l-FL II !11, M.rlclal t'arrshad Prirnary School, l'cddanallar c(l(ly of Bhiknoor Mandal ol K:u rLrerkir [)istn( t whlch rs a non-joining and clear e:dsting vacar]cy as thc incumbent n:u:r|li S.Vi,lhtarlhar u,ho rs bcing scnror t() the I)3tilioner optcd for School Assista lt aD(l I.l.l, Llracl M:rstcr andloined as school Assrslant as such thc llosting givcD , hrm ;rs l,Fl-llN'1, Pcddamallarcddy fallen vacant u d the petrLioner optcd Lhc sar (' pl;r(c as hrs l.r optron as bcrng arbilrary, iLc,lal, Lrnjust and violatrvc ol .\rt lc l.l. l() and 2l ol thc Constr(ution of India and :onscquently hold that thc pciiti, ner rs cr)trtk'(l Lo be postcd as llcad MasLcr of prrmary School (l,FL IIM), Man(lal 'rrish.r(l ftrrnarv School, tl ddamallarcddy of Btriknoor Mandal of Kamared,:l] Di,rr'l( \\'rth i1il consequenlral l)cncllts and t() pass...' I i r 2 PK, J wp 17518 2024 & batch C.C. No. 1540 of 2024 is filed for willful disobedience and deliberate violation of order, dated 08.07.2O24 passed by this Court in W.P.No. 17518 of 2024 and C.C.No. 1544 of 2024 is filed for willful disobedience and deliberate violation of order, dated 08.07.2024 passed by this Court in W.P.No.17529 of 2024.

3. Heard Sri A.Phani Bhushan, learned counsel for the petitioners and learned Government Pleader for Serrrices-I for the respondents. Perused the material available on record.

4. l,earned counsel for the petitioners submits that the petitioners were initially appointed as Secondary Grade Teachers (SGTs) in the years, 2003 and 2OO2 respectively and while they were working as SGTs at MPPS, Jangampally and Bakka Thanda, the respondent- authorities have contemplated promotions for next higher categories and accordingly, called for options from the eligible teachers. Since, the petitioners were qualified and eligible for promotion to the post of Head Master of Primary School (LFL HM), they have exercised their options for as maly as 103 places. The petitioner in W.P.No. 17518 of 2O24 !:,.as opted for Thujalpur as his 18th option, whereas the petitioner in W.P.No. 17529 of 2024 has opted for Peddamallareddy as his hrst option. However, the petitioners' seniors were assigned to 3 PK, J Wp 17518_2021 & batch the places u,'her:' the petitioners have opted. Il is fu -ther submitted l that the petitior ers' scniors have also exercised their options for the post of Schoo Assistant and the respondent-alrt.horities have considered thei' candidature for both thc posts. However, the petitioners' senirrs were joined as School Assistants. Consequently, the posts of H,:acl Master of Primary School (LFL IIM) at MPPS, Thujaipur ald Peddamallareddy, have fell vacant. Learned counsel contends that the petitioners, being the next cardidates in the seniority list, rre entitled lor the said posts. F"rrther, as the petitioners' can<lidaturc u,as not considered for postir:g at the places, which they hav: opted for, due to the non-availabil ty of vacancies and since the '.;aicl posts have now fallen vacant, leerned counsel prays this Cour to direct the respondents to consider the case of the petitioners ancr post them at Thujalpur and P:rldamallareddy respectively, wh ch are non-joined and existing vacar-tcies.

5. Per contrr,. learncd Government Pleader for tlte: rcspondents, basrng on the rollnter affidavit. submits lhat the petitioners were appointed as ! ipecial Vidya Volunteers in DSC 2OO2 and 2OOl respectively. Memo No.565 /Ser.II/A 1 12023, dated 07.06.2024, the Government has accorded perrrission to the Irurther, ulde Commissioner of School Education, Telalgana, F{yderabad, to 4 PK, ,J Wp_17518 2024 & batch conduct teacher transfers and promotions through online mode. Consequently, as per the orders of the Commissioner of School Education, Telangana, Hyderabad proceedings Rc. No.565/Se r.lY 12022-22, d.ated. 07.06.2024, ttre seniority lists of teachers for promotion as School Assistants and LFL Head Master have been published. The petitioners were stood at S1.Nos.76 and 43 respectively in the seniority list of LFL Head Master (primary school) in Teiugu Medium. Further, uide proceedings, dated 78.06.2024, tl:.e promotion orders were issued to the post of LFL HM ald as per the seniority of the petitioners, they were posted at MPPS, Maqdumpur and Akkapoor respectively. Consequently, the petitioners are working at their a-llotted places as per their choice. Learned Governn-rent Pleader further submits that as per Rule 13 (3) of G.O.Ms.No.5, School trducation (Ser.II) Department, dated

25.07.2023, review or modification of the transfer orders shall not be considered either by the Committee or by the Competent Authority. Moreover, there are many seniors to the petitioners, who have also opted for the same place i.e., MPPS, Thujalpur and Peddamallareddy, however, did not obtain any posting arrd keeping in view the aforementioned Rule and as ii was not feasible to consider the request of the petitioners and to that effect, detailed speaking orders 5 PK, J Wp 17518 2021 & batch were issued to ,he petitioners uide proceedings, dal",<l 28'07 '2024' Therefore, learnt'd Government Pleader prays this Cour': to vacate the interim orders, c ated OA.O7 .2024 and to dismiss the !tr rit Petitions'

6. This Cour, has taken note of the submissions nrztde by learned counsel for the t espective parties

7. Admittedl'.', thc petitioners $'ere promoted to the posts of Head Master of Prima-y School (LFL HM) and were given posr:ing as per the options exerciseC by them. The pctitioners slood at Sl Nos'76 and 43 ' respectively in the seniority list of LFL Head Master (primary schooi) in Telugu Med'um, however, their seniors were posited at MPPS, Thujalpur and ])eddamallareddy. Since, the petitionr:rs' seniors have also exercisecl their options for the post of School Assistant and as the respondent authorities have considered their canrlidature also for the post of School Assistants, the posts of LFI-l-iM at MPPS, Thujalpur and Peddamallareddy, have fa-llen vacant. Therefore, the petitioners ar€ beforc this Court seeking a dir':ction to the respondents to post them at MPPS, Thujalpur and t'eddamallareddy respcctively. Here, it is pertinent to mention that as per Rule 13 (3) of G.O.Ms.No.5, School Education (Ser.II) Department, dated

25.01.2023, or lce transfer orders are issued by the Competent | { , 6 PK, J Wp 17518_2024 & batch Authority a-fter the approval of the Committee concerned, review or modification of the orders shall not be considered either by the Committee or by the Competent Authority. Here, it is necessary to emphasis that due to non-jorning of the promoted candidates, many employees, who are seniors to the petitioners, have requested to post them at MPPS, Thujalpur and Peddamaliareddy, however, the said request was not accepted by the respondent-authorities as per Rule 13 (3) of G.O.Ms.No.5, School Education (Ser.II) Department, dated

25.01.2023. In view of the above, this Court does not see merits in the Writ Petitions and therefore, they are liable to be dismissed. a. Accordingly, W. P. Nos. 1 75 18 and 17 529 of 2024 are dismissed and the interim orders, dated Oa.O7.2O24 passed by this Court in W.P.Nos. 17518 and 17529 of 2O24, stalds vacated. In view of dismissal of W.P.Nos. 17518 and 17529 of 2024, C.C. Nos. 154O and 1544 of 2024 are closed. There shal1 be no order as to costs. Miscellaneous applications, if aly pending, shail stand closed. \. SD/. N. CHANDRA SEKHAR RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

1. One CC to SRt A.pHANt BHUSHAN, Advocate. [OpUC] 2. Two CCs to GP FOR SERVICES I, High Court for the State of Telangana louTl

3. Two CD Copies. $ BSK JP I , HIGH COUR'I' DATED:0310112025 (. :) c e sra'ri 21 rPfl 2$6 ;.: .< ..1 , *,/ -,, COMMON ORDER W.P.Nos: 17 518, 17 529 OF 2024, C.C.Nos.1540 & 1544 OF 2024 DISMISSING THE WRIT PETITIONS & CLOSING THE CONTEMPT CASES WITHOUT COSTS I ] i ; i I l