K.LAKSHMI NEELIMA v. 1. The Government of Telangana

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 or Orders more particularly one in the nature Writ of Mandamus declaring that the Petitioner is entitled to retain and continue as Panchayat Secretary Grade-lV at her present place i.e. Grqmpanchayath Kardanoor of Patancheru Mandal by setting aside the impugned transfer orders in proc. No.1233120241A1-Pls, dt.zo.08.2024 issued by 3rd Respondent as illegal, null and void and contrary to the ban on transfer G.O.Ms.No.87, dt.31 .07.2024 with all consequentional benefits, by holding the action of respondents is illegally transferring and posting the petitioner to a far of place in proc. DL.2O.08.2O24 during the ban per/od to accommodate others is as illegal, arbitrary, discriminatory and subversive of Articles 1 4, 16 of the Constitution of lndia lA NO: 1 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 retain and continue the petitione' as panchayat Secretary Grade-lV of Grampanchayath Kardanoor, patancheru Mandal by suspending the operation of the impugned orders in proc. No.123212024tA1 -pls, d1.2O.08.2024 issued by the 3rd Resfondent lA NO: 2 OF 2024 Between: Hyderabad,

1. The Government of Telangana, Rep. by its principal Secretary, panchayat ^ B.rj ,19 Rural Developmenf Department, Secretariai, Hyderahadl 2. The Director, Panchayat Raj and Rural Employm6nt, State of Telangana, 3. The District collector, (pt. Winq), Sanqa Reddv District. 4. The Additionat Coilectbr, 1t_ocii OoOiei; Sangi Reddy District. 5. The District Panchayat Offrcer, (DpO), Sang6 Reddy'District. 6. The fvandal Parishath Deveiopm6nt orice(MpDo), N/andal parishath, Patancheru Mandal, Sanga Reddy, District. AND ...PET|TIONERS/RESPONDENTS '1 . K.LAKSHMI NEEL|MA, D/o. K.Sadanandam, Aged about 130) years, Occ. Panchayat -Secretary, Grade-lV, O/o. karianoor Crrrprrinryaif,, Patancheru Mandal, Sanga Reddy District. ...RESPONDENTS/PETITIONERS 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 interim order dt. 04-09-2024 passed in wp No.24534 of 2024 and dismiss the Writ Petition Counsel for the Petitioner: SRl. CH JAGANNATHA RAO Counsel forthe Respondents: Gp FOR SERVICES ll The Court made the following: ORDER L THE HON'BLE SRI JUSTICE PULLA KARTHIK w. P.No.24534 of 2o24 ORDER: This writ petition is filed with the following prayer: "To issue a Wnt Order or Orders more particularly one in the nature Writ of Mandamus declaring that the Petitioner is entitled to retain ald continue as Panchayat Secretary Grade-IV at her present place i e Gram palchayath Kardanoor of Patancheru Mandal by setting aside the impugned transfer orders in proc No 123312O2+/AlPts dt 2O 08 2O24 issued by 3rd Respondent as illegal null and void and contrary to the ban on transfer G O Ms No 87 dt 31 07 2024 w:.Lh all consequential benehts by holding the action of respondents is illegally transferring and posting the petitioner to a far of place in proc dated 20.Oa.2024 during the ban penod to accommodate others is as illegal arbitrary discriminatory and subversive of Articles 14 16 o[ the Constitution of India".

2. Heard Sri Ch.Jagannatha Rao, learned counsel for the petitioner and learned Government Pleader appearing for the respondents and perused the record.

3. The learned counsel for the petitioner submits that the petitioner while working as Panchayat Secretary at Kardanoor Gram Panchayat, Patalcheru mandal has applied for maternity leave for a period of six months frorn 22.2.2024 to 19.8.2024 and the same was sanctioned by respondent No.3 vide proceedings dated 20.5.2024. 2 . ..-. -:. i..+.3 Thereafter, after returning from maternity leave, petitioner submitted joining report on 30.7.2024 along with medical certif,rcate, requesting the respondents to permit her to join duty at Karclanoor Gram Panchayat from where petitioner has proceeded on merternity leave, as it was available as on date of reporting. It is further submitted that the petitioner received a whatsapp message on i\.9.2O24 tluirth ante date tra,sfer order dated 2o.8.2o24, transferring her to Gram Panchayat Byathole of Kandi manda_l on administrative grounds and contends that the Government issued G.O.Ms.No.BZ dated, 3\.7.2024, rmposing ban on transfers, which came into force with effect from 1.8.2024 and as per paragraph (2)(iii) of the said G.O., petitioner is entitled to be posted in a clear vacancy, .,vhich is very much available at her original place of posting i.e. Kard anoor Gram Panchayat. Apart from that, the impugned order clat<:d 2O.8.2O24 has been passed without obtaining the concurrence of Finance Department, rvhich is mandatory as per paragraph 5 of G.O.Ms.No.87 dated 31.7.2024. Therefore, petitr.oner seeks indulgence of this court for setting aside the impugned order dated

20.8.2024. 3

4. Per contra, the learned Government Pleader appearing for the respondents submits that while the petitioner was working at Kardaloor Gram Panchayat, .the d.ated 14.3.2024 has forwarded the application of the petitioner respondent No.6 vide his letter dated 22.2.2024 together with medical examination case sheet issued by Rainbow Children's Hospital for sanction of matemity leave from 22.2.2024 to 79.8.2024 for a period of 180 days and submits that as per the medical sheet, petitioner was admitted in the hospital on 21.2.2024 itself as in-patient and got Caesarean Section done on 22.2.2024 and gave birth to two twin babies, but the petitioner proceeded on maternit5r leave w.e.f. 22.2'2024, leaving the Headquarters without obtaining prior permission of the competent authority i.e., respondent No.3, which tantamount to misconduct on the part of the petitioner, attracting disciplinary action against her' It is further submitted that no Government servant has a legal right for being posted at any particular place of choice' Further, as per the orders of the Commissioner, Panchayat Ra'j vide Memo No.2202/CPRl2OO2d'ated'22.6.2002,thePanchayatSecretaries should reside at their respective Gram Panchayats and prior to petitioner reporting to duty, one Smt.Shajahan Begum, Panchayat 4 '..4 Secretar5r rt4ro returned from maternity leave wa s posted to Kardanoor Gram Panchayat on deputation basis for zrdministrative convenience vide proceedings dated 22.4.2024 and sjnce then the said Shahjahan Begum has been working at Kar(lanoor Gram Panchayat. The learned Government pleader further submits that as per paragraph 2(viii) of G.O.Ms.No.Z6T, Finance Department dated

21.8.2OO2, the employees on leave for less than three months sha1l be given posting orders to the places from where they ltroceeded on leave and for leave of more than three months, it is not necessary to keep the pos t vacant for so long. In such cases, 1.he authority competent to tra,sfer is authorized to issue posting .rders at his level to any vacant post available in the Department. Further, as per paragraph 2(iii) of G.O.Ms.No.87, Finance Deparrment, dated

37.7.2024' the District collector is competent to issue posting orders to the employees who returned from long leave and sincer the vacancy at Kardanoor Gram Panchayat was already filied up, the petitioner who returned from long leave, was posted to Granr panchayat Byathole of Kandi ma,da-l in the existing vacancy for a<lministrative convenience vide impugned proceedings dated 20.8.2024. 5

5. Having regard to the submissions made by the respective parties and on perusal of the record, this Court is of the view that admittedly, the respondents have sanctioned the maternity leave of the petitioner from 22.2.2O24 to 19.8.2024 for a period of six months and the petitioner reported to duty even before completion of six months i.e. on 3O.7.2024 alongwith medical fitness certificate issued by the Civil Surgeon Specialist, Area Hospital, Patancheru. Further, paragraph 2(viii) of G.O.Ms.No.767, Finalce (W&M) Department dated 21.8.2002, reads as under: 'The empioyees on leave for less than three months sha11 be given posting orders to the places from where they proceeded on leave For leave of more than three monttrs, it is not necessary to keep the post vacant for so 1ong. In such cases for Gaz-etted and Non-Gazetted Officers returning from leave of more than three months the authority competent to transfer is authorized to issue posting orders at his level to any vacant post availabie in the Department". A close reading of the above, it is very clear that the respondents are under obligation to keep the post vacant for three months' Fr'rrther, one Smt.Shajahan Begum, Panchayat Secretary, Grade-IV Lingampally of Munipally mandal, who also returned from maternit5r leave, was transferred and posted to Gram Panchayat, Posanipet, Andole mandal and. deputed to Kardanoor Gram Panchayat, l 5 l:'? Patancheru mandal before completion of six months maternity ieave of the petitioner. Here it is to be noted that the Government issued G.O.Ms.No.87, Finalce (HRM-I) Department dated 3 1.2.2024 and imposed ban on transfer of employees. paragraph 2(iii) of the said G.O. read as u nder: "Posting orders to the employees on return from long leave of more than six months shaIl be issued in clear existing vacancies u.ithout shifting other employees. The vacancy arising out of leave upto a period of six (6) months (i.e. the ma-rirlum period of Earned Leave that cal be availed by a Government Employee at a time as per G.O.Ms.No.153, Fnance (FR.l) Department dared 4.5.2010, shall not be hlled in by transfer,,. Paragraph No.5 of G.O.Ms.No.g7 dated 31.7.2024 stipulates that in respect of the existing vacancies to be 1il1ed for administrative efhciency, the same shall be f,rlled with persons u,ho have completed one year of active service at their present station, dulv submitting proper justification of the proposal for obtaining the concurrence of Finance Department.

6. Thus, a reading of paragraph 3 above, it is clear that as the case of the petitioner does not fall under the category mentioned at paragraphs (i) and (ii) of the G.O. ard falls under rhe category mentioned at paragraph No.S, hence, the competent authoritv i.e. 7 respondent No.5 is under obligation to refer to the Finance Department. Further, admittedly, Smt.Shajahan Begum, Panchayat Secretary, who returned from maternity leave, was posted to Linganipally of Munipally mandal and in addition to that, she was also deputed to Kardanoor Gram Panchayat, Patancheru mandal on administrative grounds. That meals the post in Kardanoor Gram Panchayat is vacant.

7. Therefore, this Court is of the view that the impugned order dated 20.8.2024 has been issued by the respondent No.3 without referring to the Finance Department and the same is contrary to G.O.Ms.No.B7 dated 31.7.2024, therefore, the salne is not sustainable under law and is liable to be set aside.

8. Accordingly, the writ petition is allowed and the impugned order in Proc.No. 1233 12024/Al-Pts dated 2O.8.2O24 issued by respondent No.3 is hereby set aside. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. There shall be no order as to costs SD/.P. PADMANABHA REDDY TANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Principal Secretary, Panchayat Raj and Rural Development Department' , *ltlilA:rr 3;h:il3;:?H1i and Rurar Emprovment' state or reransana' riililtllfi eHff H""jfi rv#altp,la[{}$:.rcrr 5. The District Panchayat ( . L-,1 ,{

6.TheMandalParishathDevelopmentOfficer(MPDO),MandalParishath' , Bfl'3tt?:'Si&',18i$?iit^:HlS:AdveceteroPucr - i). iil cciio 9. Two CD CoPies SERV|CES il ,High court for the state of Telangana at Hyderabad [OUT] -cpeon / BM BS Y^' .l \ \ HIGH COURT DATED:1410212025 CC TODAY -..; f\c i'riE S i.q: (a 6, z C,' ): 2 5 IEB ?16 D. _::: )a'--i. ' '.-, 1., -r:i" ORDER WP.No.24534 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS V-""P("4w {N