K.Krishna Mohan Rao v. Department, Secretariat, Hyderabad

Petition under Article 226 ot lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ more in the nature of Writ of Mandamus or any other Writ order or direction, to declare the impugned proceedings of the 2nd Respondent bearing No.9202/Ser. I I l(B)l /Counselli ngl 2024- 63, dated 30 107 12024, tranferring the petitinoer from R and B Circle office, Bhadri Kothagudem to E.E.(R and B) Section, Thirumalayapalem of R and B Division, Khammam, though he is completed one (1) year in the present station is totally exfcie illegal, arbitrary, irrerational and void being contrary to the Gudilines issued under G.O.Ms.No.80, daled 0310712O24 and set aside the 52ms and consequently direct the Respondents to continue the petitioner as AEE (R and B), Bhadradi Kothagudem (R and B) Circle with all consequential benefits. IA o 10F 24 Petition under Section 151 CPC praying that in the circL rlstances stated in the affidavit filed in support of the petition, the High Cou( may l,e pleased to direct the Respondents to continue the petitioner as AEE (R and B), Bhadradi Kothagudem (R and B) Circle by suspending impugned pror; redings of the 2nd Respondent bearing No.9202/Ser.lll(B)1/Counsellingl2024-63, dated 3OlO7l2O24, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K.SRINIVASA PRASAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK ORDER: UTRIT PETITI ON No.21375 of2024 The present Writ Petition is filed seeking the following relief: "...to issue a Writ more in the nature of Writ of Mandamus or any other Writ order or direction, to declare the impug-ned proceedings of the 2nd Respondcnt bearing No.9202/Ser.IU(B) 1/Counselling / 2024 _63, dated 3OlO7 12024, transferring the petitioner from R&B Circle o{frce, BhadradriKothagudem to E.E.(R&B) Section, Thirumalayapalem of R&B Division, Khanmam, though he is completed one (l) year in the present station is tota.lly exfacie illegal, arbitraj-y, irrational and void being contrary to the Guidelines issued under G.O.Ms.No.g0, dated O3/O7 12024 and set aside the same and consequently direct the Respondents to contiuue the petitioner as AEE (R&B), Bhadradri Kothagudem (R&B) Circle vith aI[ consequential benefrts and to pass such other order...." 2) Heard Sri K.Srinivasa prasad, learned counsel for the petitioner, and learned Government pleader for Services_I appearing for the respondents. 3) Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Executive Engineer (AEE) in the year 2O13 and initially posted at Yer-rupalem Section (R&B) Division. Thereafter, on 23.06.2017, he was transferred to Nelakondapally Section (R&B) Division, and again cn 19.04.2022 to R&B Circle, I(hammam. Subsequently, in view ct re-organization of posts, he rvas transferred to Kothagudem on 09.06.2o23 and accordingly the petitioner has joineri on 10.06.2023. Horvever, in view of lifting of I i 1 PK, J wp-213762024 I ban on tr-ansfers by the Goverrtmenr- of I elangana vide G.O.Ms.No.8O, dated O3.OZ .2024, responder-t No I has taken up the process of transfers an<I p.,assed. the impug;-r rl order clated 30.06.2024 tra,sferring thc petitioner from R&t circrc office, Kothagu<lem, to EE (R&B) Section, Thirumaayir ralem of R&B Division, Khammam. t eamed counsel for tiie peti.ioner contends that in the present place of u,ork, the petitioner has :otnpleted on.ly one year of service. Ignoring the same, thc impt.1 ncd order has been passeci in contravenfion of the gu.ideliires in G.O.Ms.No.B0, clated 03.02.2024. Thereforc, the learned cot:nsel 1> ays tJris Court to set aside the impugned order. 4l Per conl_ra, the learnecl Government pleadcr :ontends that the ongoing works at Thirumalayerpalem (R&B) ll .vision are in progress and they need to be compreted within the lmc schedule, for which purpose, services of o,e AEE (R&B) ue essential. Therefore, the petitioner has been transferrecl and tr osted to R&B Section, Thirumalayapalem, in thc existing vaca I )y. learned Government pleacler furthcr submits that 1l e place of Thirumalayapalem is located just 20 kms arvay fro n 111r_r_r* Town and therefore no hardship will be czlused to he petitioner with the present transfer. Therefore, there are no nerits in the writ petition and prays to dismiss the same. I I I I -3- PK, J w 2L376_2O24 5) This Court has taken note of the submissions made respective counsel and perused the material on record. 6) Before entering into a_djudication of the matter, it is necessary to reproduce relevarrt portion of G.O.Ms.No.gg, dated o3.or .2024 , whereby and whereunder certain guidelines were issued for conducting transfer process: '4-A: No person shall be tralsferred before completion of two years of service in a particular station as on 3O_06_204. This condition need not be followed in respect of transfer requests on spouse grounds. " 7) The above clause clearly demonstrates that no employee shall be transferred before completion of two years of service in a particular stdtion as on 30.06.2024, except in case of requests on spouse ground. 8) Admittedly, in the case on hand, the petitioner has not completed two years of minimurn prescribed scrvice, envisaged under G.O.Ms.No.B0, dated 03.07.2O24, as on the cut_off date i.e. 30.06.2024. No specifrc and cogent reasons are assigned by the respondents for transferring the_ petil.ioner even before cornpletion of two years of service, except stating that the transfer of the petitioner is necessary on administrative grounds, which cannot be countenanced. 1 -4 PK, J \yp_21376_2024 9) In t.l.at view of the matter, this Court is o:. .Jre view that the lmpugned transfer proceedings dated 30.07.2 C24 are issued contrary to G.O.Ms.No.80, dated O3.O7.2024, a.n I therefore liable to be set aside. 10) Accordingly, the Writ petition is allowed ar d the impugned proceedings bearing No.9202lSer.III(B) l,rCour selling/ 2024-63, dated 30/07 12024, issued by respondent No.2 ar,: set aside. Miscellaneous petitions pending, if any, sh rll stand clor.,ed No costs. //rRUE COPY// 'f&l \ , I[:iJ;if5:i,::::"oo, r, R and B Department, Setrera The Engineer-in-Chief (Admn), T.G., R and B Departnior Hyderabad. il3o? :ffi lii?#"",il#t#;'fi :,:andBCircre'Bhadradr iff EE.,r'eEE' Utf,:t8ff 'f"'i 8lli,?li ffi %\l Hyderabad. IOUT'I Two CD Copies SRINIVASA REDDY- iTANT REGJS{AR 't\-,_.-"" \sECTloN oFFtCER -iat, Hyderabad, , Erramanzil, (othagudem, 'l te of Telangana, at To

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6. PSK. BSR HIGH COURT DATED:02 10912025 ORDER WP.No.21376 of 2024 STA U 3. JrN 2021 z.r) t )l t,I::ly.i, ALLOWING THE WRIT PETITION WITHOUT COSTS ': .i: ' a I l