High Court · 2025
Case Details
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Petition under Article 226 ot 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 especially one in the nature of Writ of Mandamus declaring that a)The proceedings issued in No.D3l725B42l2O24-9, dt 1g-8-2O24 are illegal, arbitrary and discriminatory violating article 14 AND 16 of the constitution of lndia and further declare that petitioner is entitled to continue as Sr.Asst. in the office of ADA (R) Mahaboobnagar. IA NO;1 0F 2024 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 direct the respondents to continue the petitioner as Sr.Asst. in the office of Asst. Director of Agriculture (R) Mahaboobnagar, by suspending the operation of the impugned proceedings issued in No. D3/72584212024-9, dt 19-8-2024 of the 2nd respondent, pending disposal of the Writ Petition. lA NO: 2 OF 2024 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 direct the respondents to consider and pass appropriate orders on the representation of the Petitioner dated 09.1O.2024. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJU Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER a THE HON'BLE sRr JUSTIcE NAJuAVARAPU RAJESHWAR RAo WRIT PETITIONNo .24 O4L of 2O24 oRDER: Heard learned counsel appearing for the petitioner and the learned Government pleader appearing for the respondents and perused it.
2. Le of the petiri during the rnvalidation petitioner w4$t grounds. Later ,'i
19.09.2010 and Director of Agricul e petitioner submits that the father pvorking as a Senior Assistant and taken retirement on medical nsequentlY, on 25.08.200 I ' the as a TYPist on compassronate omoted as a Senior Assistant on d to the ofhce of the Assistant da, from.there, to the office of the t*ffi-., :{A{tg-- DAo, Wanaparthy, on TTTS-.70 1 6. 3' Learned counsel for the petitioner further submits that, the Government has issued G.O.Rt.No.822, dated 22.12.2016, deputing the petitioner to the office of the Project Director, ATMA, Mahaboobnagar, on Foreign Service. The petitioner was repatriated to his parent department i.e., the office of ttre I/ $irya 2 Assistant Director of Agriculture, (Regular), Mahaboobnagar District on 06.05.2020
4. Learned cottnsel lor the petitioner further submits that the Government of Telernagana has issued G.O.Ms.No.8O, dated
03.O7.2024,lifting the ban on transfers In terms of said G.O, a person r.r,ho has completed two years of service, can make an application for transfer and who completed 4 years of service, shall compulsoril.r' liable to be transferred, The guideline No.6 0 of G.O.Ms.No.80 dated 03.O7.2024 says that the service in all cadres at a station r'vill be continued while calculating the periocl of sta1 . 6(b) sa-ys that station means (City, Town, Village) of actual u'orking for the purpose of transfers and not office or institut ion -
5. Learned c'ounsel for the petitioner further submits that out of the total cadre strength 4oyo of the staff shall be transferred. The petitioner was on Foreign Service from
22.12.2016 to 06.05.2020 and if the said period is deducted, the petitioner is not liable to be transferred in the 40% quota.
6. Learned counsel for the petitioner further submits that the proceedings No.D3/725842 12024 9, dated 19.Oa.2O24 3 issued by respondent No.2, r,r,herein and whereby, the petitioner was transferred as Senior Assistant to the office of District Agriculture Office, Gadwal, Jogulamba Gadwal District, and the petitioner joined duty at District Agriculture Office, Gadwal, on 21.O8.2O24. 7 . Learned counsel for the petitioner further submits that the petitioner czune to know that two Senior Assistants r.r,ould get promotion as Superintendent from the Mahabup.r.S.. District. Hence, the petitioner on 09.O9.2024, made a representation to the Director, office of the Commissioner and \ \ Director of Agriculture, Hyderabad, to consider him under Mahabubnagar District in any available vacancy. The respondent authorities despite receiving the said representatior-r t I of the petitioner, did not pass any orders.
8. On the other hand, learned Government Pieader appearing for the respondents submits that the respondents would consider the representation of the petitioner and pass appropriate order in accordance with law 4
9. Having considered the submissions made by the learned counsel for thc petitioner, without going into merits, the respondent :ruthorities are directed to consider the representation of the petitioner dated 09.O9.2024 and pass appropriate orders in accordance with law, within a period of six (06) r,r,eeks from the date of receipt ol a copy of this order
10. With the abovc direction, the Writ Petition is disposed of. No order as to costs 1 As a sequeJ, miscellaneous applications per-rding, if any, in this Writ Petitior.r. shall stand closed //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR CTION OFFICER To
1. The Principal Secretary, Food and Agriculture Department, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad, State of Telangana. 2. The Director of Agriculture Department, Basheerbagh, Hyderabad 3. The District Agriculture officer, Mahaboobnagar, Mahaboobnagar District 4. One CC to SRI SRINIVASA RAO MADIRAJU, Advocate [OPUC] 5. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana, at Hyderabad. [OUT]
6. Two CD Copies PSK. BS I HIGH COURT DATED:1 110212025 ORDER WP.No.24041 oI 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS C,q,lJ W 'o+ 1HE ST^q 14: ( 5 01 llAn 2025 o ; '1t (; r{tO * o .\ .6+