✦ High Court of India · 11 Feb 2025

High Court · 2025

Case Details High Court of India · 11 Feb 2025
Court
High Court of India
Decided
11 Feb 2025
Bench
Not available
Length
1,051 words

Petition under Article 226 of lhe 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 lVandamus directing the first respondent to issue posting orders to the petitioner as a school Assistant (social studies) (Urdu tt/edium) in Government Management schools as per the Memo.No.4533 lser.ll lA1l2o18 d1.05.06.2018 and consequential commissioners Memo. Rc. No.184B/Trans/Ser.lV-2l201 5 dt. 05-06-2018 as the petitioner is working against post of School Assistant (lvlaths) instead of Social studies including the vacancy at G.G.H.S (UMl) Manyamchelka, Nalgonda,withallconsequentialbenefitsbyholdingtheactionofthe respondents in forcing the petitioner to participate in the ensuing transfer counseling by taking off line application though the petitioner is not completed two years of service as on 31-05-20'18 is clearly illegal, arbitrary, discriminatory and unjust. I i . l l I I lA NO: 1 OF 2018 Petition under Section 15'1 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 lst respondent to issue posting orders to the petitioner as a School Assistant (Social Studies) (Urdu Medium) in Government l\,4anagement Schools as per thelVlemo.No.4533/Ser.ll/A112018 d1.05.06.2018 and consequential Commissioners Memo. Rc. No.1848/Tra ns/Ser.lV.2/201 5 d1.05-06-20'18 as the petitioner is working against post of School Assistant (lVaths) instead of Social Studies including the vacancy at G.G.H.S (UIr/) It/anyamchelka, Nalgonda, before ensuing transfer counseling, pending disposal of the above Writ petition. lA NO: 2 OF 2018 Between:

1. The District Educational Officer, Nalgonda, Nalgonda Dist. 2. The Director of School Education, Govt. ofTelangana, at Hyderabad. 3. The State of Telangana, Represented by lts Principal Secretary, School Education Dept, Secretariat, Hyderabad. Respondents. AND Smt.Syed Fahmida Parveen, D/o lVld.Abul Sattar, aged about 53 years, School Assistant (Social Studies), (working as S.A-tr/aths), at Govt. Girls High School, Urdu [t/ediam,ft/anyamchelka, Nalgonda, Nalgonda Dist. ...PETITIONERS .,.RESPONDENTS Petition under Section 15'1 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 interim orders dated. 12.06.2018 in l.A.no. 0112018 in W.p.no. 19156 of 2018 and dismiss the writ petition. Counsel for the Petitioner: SRI M.RAMGOPAL RAO Counsel for the Respondents: GP FOR SERVICES-I The Court made the following: ORDER THE HONOURABLE SRI JUSTICE PULLA KARTHTK WRIT PETITION No.19156 OF 2O18 ORDER: This Writ Petition is filed under Articie 226 of Constitution of India seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus directing the first respondent to issue posting orders to the petitioner as a School Assistant (Social Studies) (Urdu Medium) in Government Management Schools as per the Memo.No.4533/ Ser.ll/A 1/ 2018 dt.05.06.2018 and consequential, Commissioner's Memo.Rc.No. 1848/Trans/Ser.lV-2/2015 dt.05.06.20lB as the petitioner is workirlg "against" post of School Assistant (Maths) instead of Social Studies including the vacancy at G.G.H.S (UM) Manyamchelka, Nalgonda, with all consequential benefits by holding the action of the respondents in forcing the petitioner to participate in the ensuing transfer counseling by taking off line application though the petitioner is not completed two years of service as on 3 I -05-2O 18 is clearly illegal, arbitrary, discriminatory and unjust and to pass...-

2. Heard Sri M.Ram Gopal Rao, learned counsel for the petitioner and learned Government Pleader for Services I for respondent Nos.1 to 3.

3. When the matter is taken up for hearing, learned counsel for the petitioner submits that the respondents have complied u,ith the interim order, dated 12.06.2018 passed by this Court. However, learned counsel submits that the said interim order r,r,as complied a-fter two months of the date of the said order and for the said two months, the respondents have not paid the salary to the petitioner. Therefore, learned o PK,J counsel prays this Court to permit the petitioner to make fresh representation before the respondents redressing her grievance ancl the respondents may be directed to consider the same and pass appropriate orders, within a reasonable period of time.

4. l,earned Government Pleader for the respondents submits that on receipt of representation from the petitioner, the respondents will consider the same and pass appropriate orders, in accordance with law.

5. Having regard to the submissions made by iearned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make fresh representation before the respondents redressing her grievance within a period of one (1) week from the date of receipt of a copy of this order' Upon receipt of such representation, the respondents are directed to consider the same and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks therefrom and communicate a copy thereof to the Petitioner. I I I I I i 3 Pli,., Wp 19156 2018 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. There shall be no order as to costs. /iTRUE COPY// SD/- T. VIJAY KUMAR SISTANT REGISTRAR SECTION OFFICER I To, t. The District Educational Officer, Nalgonda, Nalgonda Dist. The Director of School Education, Govt. of Telangana, at Hyderabad. The Principal Secretary, School Education Dept, Secretariat, Hyderabad, State of Telangana. One CC to SRI M.RAII/GOPAL RAO, Advocate IOPUC] Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies

2. J.

5. b. BSR GJP v HIGH COURT DATED: 1110212025 ,1t Sl : la (.1 J t i) 1$ iPH ?[?5 c v Z C) 4 "l .-,,. .'i. ORDER WP.No.19156 of 2018 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS Y\ 1

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