The High Court · 2025

Counse, for the petitioner: SRI CH SAMSON BABU Counset for the Respondents: AGp FOR SERVTCES I The Court made the f,rllowing: ORDER ,lt'. ) HON,BLE MRS JUSTICE SUREPALLI NANDA P o o F 2 o Heard Sri Ch'Samson aPpearing on behalf of learned Assistant Government Pleader for r, appearing on behalf of the respondents' Babu, learned counsel the Petitioner and the Services- e h 2 Draver as under: ' " to issue an appropriate Writ in the nature of Writ Of Mandamus declaring the proceedings- ^ :t^^-tn" Respondent No'1; dated 15'09-2023-in Memo No'6548/Ser'lllAll20Z3' cancelling the posting of th:. Petltlo:.er to GA (V&E) Department within one.oay of his reporting to the duty without ascertaining anY reasons as being arbitrary and illegal violating the Articles 14 and 16 of the Constitution of India and consequently set aside the same and enabling the Petitioner to continue in the GA (V&E) Department and issue such other Writ or Order or Direction as .'-,'1.:'*J.']: 2 *.".no.r"r"" or rlJl,j l,:^" luo rit and proper crrcumsr:ances of the case.,, in the tn brief, is that Engirieer Executive

3. The car;e of the petitioner, petitioner was a pilointe(I as Assistant Executive in the year U 00;i and promoted to Deputy Engineer in 2074 considering his merit cum senior.ity Thereafter in vieia, of his integrity and merit, he lvas posted to the Vigilance and Enforcement Department, where he ser.zed for five years, conducting seve ra I enquiries and s;rvinr; the state exchequer from impendi..tg losses. The petiti,:ner submits that petitioner wis repatriated to hir; parent Department but his services we-e e GA(V&E) Deoa n a d n e n h a oetiti on er Dos tn cancelled withogjle n d opoortunatv of hea rtn bv the same. the Detitioner filed o ition. e ent was n e h n Dre n writ PERUS ED THE ( I 4 r t Se De art sN,l W.P.No-2a2aa of 2023 3 o o u t e 3 o 6 I r n 2 t CA D (s II) r. overn ent Irrloation G e t r c e u e o x the o t d c r r s u I dm nl s ratio I cancelled. The Engineer-in-chief (Admn')' Irrigation & CAD Department and the Chief Engineer (Irrigation)' Mulugu' shall take further necessary action in the matter." v e Lr N 3 D r o o I a E P c v n e e e G A o t rn e o Deve! OD entD oa il n c h s I ti na m nd nt se racte hereu nder h t o -*'-,,. *.,-.ti.ie&iigeit 4 w.P.No.28288 0f 2?Ic " Accordingly, the individual he s submitted his joining report in Genertrl Administration (Vigilance Enlbrcement) Department 14.09.2023 F.N. in th€ reaC above.,, ",, refers66g 3.,r {l( r 6 T of ther e 4 o o a n t do fl behalf ra r D h t a c r h r n r: ,'It is submitted that, the services of tre petiti()ner O/o the SE/IC/MIL placed at the disposal oF G.A.(v&E) Department (rn deputatiorr basis, for a period of 2 years n terms of G.O.(p).No.10, Finance & planning (FW.FFl.1t) Department, dt:22.01.L993 vide memo no 6548/Ser.II/A1/2023, dt:12.09.2021 with Endt No.RC/ENC/B4/2309562/2023 dt:15.C9.2023. The 3.d respondent *_;; communicated the above mentioned orders trr responclent No.4 vide /s / A/r r ansrer, / ? 3? / M / d:::fH; jil:i}:; dt:13.0,) .2'.023. ln turn the 4rh respondent office vras .elieved from office on 13.09.2023 AM and thr:reby directed to handover to the charge :o :he post of Dy.EE to R.Sunith, DEE. 4 \ 5 SN,J w.P.No.2828a of 2023 and get himse lf relieved of the Post L3'O9'2023 AN bY vide on Proc.No'SE/IC tMLGlSlECll Transfers/ 20 231 Bggl S, dt: 73'09'2023' SubsequentlY the 4th resPondent has relieved the individual on 13-09-2023 A'N The Petitioner working in the office of the Chief Engineer' Irrigation & Command Area DeveloPment DePartment PresentlY working as DY' Executive Engineer at O/o the SuPerintending Engineer' Irrigation Circle, Mulugu District at the disposal I Administration (Vigilance & of the Genera Enforcement) Department to work on deputation basis initiallY for a Period of two years from the date of joining of the individual in terms of GO(P)'No'10' Finance & Planning (FW.FR.II) DePartmen t Dt:22-01-1993' h D r m n I o 4- n dersl ssued to th e u r o o F u d t ioner we c n Govt. em o. r. t 5 9. 48 2 A 20 N communicated bY ENC, HYderabad Endt.No.RC/ENC/84/ 2309Ls62/2023 dt: 16.0g.2023. The Director General (V&E) 6 w.p.Nc.282e8 of 2so1,j .\ Degartment instru petitioner to go bar-'k to his parent ouou.,nt'"d with a request to i4r6to the date or ;oiningl vide Lr' No' 30 /v &E/ A1 /.' o 22 dt :., 6.o9. 2023. The after the petitioner has not ioined to duty:re * or (180) davs or period oF .completion lrs unauthorized absence to ^ll1 duty. his services were surrendered to :he higher authorities l a request fill up r:he abov,-, p6151 ,o uro,,r,,n runction .f office *o.' 'nron,unience in smoc,th vide 4th respondent office Lr.No sE/iclM urugu/ s/EC-1/148/cE Dt: t6.04 2024 and arso a letter to ttre petitioner vide ,un'oot"tt"d 7/7 48,:s, o"*0, r, Jl lirTiil' *i.,li,.i; report at O,/o. the E Hyderabaci ror,,J:1" ;;:;ii,"' Il"il; incumbenclz is not con office ars he was ,r.]t'n''nn chier (,\dmn.l, nvo"ru"Jll:: ;,,t"':i:r;'; instructions, the petitioner has reported to the Enginee-in,Chief (Admn.), Hyderabad for further l)ostrng and in meanwhile the petitioner approaclled this Hon'ble Court by filing this writ petitlon. Therrefore, the petitioner herein is not entitled for any relief as sought for in these paras ar d tl-re writ petition is not maintainable under larv and is liable for dismissal.,, in 4th responden': 7 SN'I w.P.No,2azag of 2023 7 n o lo f c n o t n No v e 20 d 2 .20 extracted hereunder: m N .6548 er II 1 e r r tn Prl. (v& reported bY "In the circumstances Ex- Officio Director General (V&E) & Secretary to Government, General Admn' E) DePartment, Government, after matter, herebv ola rts na EE in the reference careful examination t es rvice h E cited, of the sof Sri P ti nb ts A & r e a me t2 ea in terms of G.O.(P). No.10, Finance & Planning (FW.FR.II) Department, dated 22'01'1993' The En rne r A 2 n h I a n n r h It individual. immediatelv." e a c Ir a D a n e M IONAN D CONCL SION: DIscu 8. Learned counsel appearing on behalf of the petitioner submits that the services of the petitioner O/o' SN.J W.P.N(,.242aa of 2023 District Superinten,Jing Engineer, Irrigation Circle, Multrgu placed at the disposal of the General Adrlin istration (Vigilance ,lnd Enforcement) Department on deputation basis, frtr a period of two years in terms of G.O(p) t\,Io.10, Finance & Planning (FW. FR.II) Department dated 22.01.1)93 vide memo No.6B4BlSer. II/AL/2C23 dated L2.09.2023, and in pursuance to the said procee:dings dated 12.O9.2023 issued to the petitioner by the respondernt r{o.1 placing services of the petitioner at the disposal :f GA (V & E) Department on deputation basis for a period of r:rvo years, the petitioner submitted his joining report in General Administration (V & E) Department on 74.09.20:13, however, within two days, without rrssigning any reasons, impugned order had been pa:;sed on 75.09.2023 irforming the petitioner that in the t:xigelncy of administratron, the orders issued earlier in favotrr of the petitioner olacing the petitioner on deputation basis to the Vigilance and Enforcement Department, hatl br:en cancelled. a-*',lJ- ./ a 9 SN,, W.P.No'24288 of 2023 It is the specific case of the petitioner that the 9. petitioner, vide detailed representation dated t6'Ol'2024 addressed to the respondent No.2 herein, requested him' to issue posting orders duly taking into consideration the joining report of the petitioner dated 14'09'2023 in General Administration (V & E) Department as per the orders issued in petitioner's favour dated 12'09'2023 (referred to and extracted above), however, though the representation of the petitioner is dated 16'01'2024 had been acknowledged by the office of the respondent No'2 ' herein on 16.01'2024 itself' no action had been initiated in pursuance to the petitioner's representation by the respondent No.2 herein as on date' The petitioner vide his reminder letter dated 28'05'2024' renewed the petitioner's request for issuance of posting orders instead of seeking surrender of services of the petitioner by respondent No.2 on the ground of unauthorized absence' as the issuance of orders to the petitioner dated 12.09.2023 by the respondent No'1 herein placing the services of the petitioner at the disposal of GA (V & E) Depa rtment on deputation basis for a period of two yea rs 10 f:-r w.p.No.282aB of ;!,j and th(l potitioner having given report to il-rat effect in Genera Department on 14.09.2023 itself. 11. Learne(i submitted lris j oin ing lAdministration (v&E) counsel Petitioner cortends that the joining ref)or[ is not disputed ev filed on behaif of the responden and the pe[itioler is appearing on behalf of the Petitioner submitting his en in the counter )ffidavit t No.4 at paragrat)h tlo.4 entitled For the relief as prayeJ for in the present wri! petition.

12. Learn 3d A.ssistant Government pleader for Seryice:;_I appearing on behalf of the respondents, on the oth er hand, submits that the proceedings dated 12.09.2023 h;rd been issue J to the petitioner, but, subsequen )/, proceedings dat,sd 15.09.2023 had been petitioner fc r rarithdrawal of the earlier orders iJate,J 12.09.2023 stating that in the exigency of administrrltion, the said orrlers had been cancelled and hence, tho petitioner is r ot erntifled for the relief as prayed for bv the, petitiOner in tne present writ perition. issued tr: the 1 \ i 1 I I 11 W.P.No.28288 sN,I of 2023

13. A bare perusal of the averments made in thg counter affidavit filed on behalf of the respondent No'4' in particular, paragraph No'4 clearly indicates that in pursuance to the proceedings dated 12'Og'2023 issued by the respondent No'1 herein to the petitioner' respondent No.4 had relieved the petitioner on B.Og.2023 afternoon and the petitioner submitted the joining report in Administration (V & E) Department on 14 Genera I

09.2023 forenoon. L4. A bare Perusal of the material document filed bY the petitioner ln support of the present writ petition dated 13.0g.2023 clearlY indicates the name of one Sri R'sunith of the Petitioner and the Kumar having joined in Place petitioner having been relieved

15. A bare Perusal of the the Director General and contents of the Proceedings of E.O., PrinciPal SecretarY to & Enforcement) DePartment Government G.A. (Vigilance dated 26.09.2023 addressed to the Special Chief Secretary to Government, Irrigation and Command Area Development Department (referred to and extracted 72 W.p.No.2828er of 2so! j ,l I I l I ".r,r::.":i"^^arr above) :learly indica submitted joining ,.ur,'ut Departmrlnt on 14.0; the counter affidavit ,,",''0" indicates ,r cre,ar the fact that the petitione,. in General Adrninistration (v & E) and also paragraph No.4 0f or the respondenr \o.4 sron in so far as the petitioner b,-.ing relieved f-om the said post and having submil:ted his joining report l:o the Vigilance Department. 16. A blre perusal of the record indicates that petitioner,s rep.esentation dated 16.O1.2[24addrel;sed the 2nd res;pondent requesting for issuance orders as ha,zing been respondent on 16.0I.2024 record als;o indicates rerninCer letter dated 28.05.2024 addressed to the 2nd resp,)nd(,nt seeking issuance of posting orders to the petitione- and to drop the action initiated against th,_. petitioner to surrender service of the petitioner orr th(l ground of unauthorized absence acknowledgerl by the office of the respondent No.,z 28.05.2024 tselt'. But however the grievance of rh€: of p,osting as having been itself. The acknowledged th r-: 2nd 4 13 SN,, w.P.No.2a2a8 of 2023 petitioner is that the same had date bY the 2nd resPondent' not been considered as on 7 T R s r The aforesaid facts and circumstances of a) the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services-I' appearing on behalf of the respondents' c) The averments made in the counter affidavit filed on behalf of the respondent No'4' d) The contents of the proceedings of the respondent No.2 dated 26'fl9'20.23' relieving order of the respondent No'4 dated L3'O9'2O23 and the proceedings of the respondent No'1 dated L2.O9,2023, contents of the Petitioner's e) The dated L6.OL.2O24 and also the representation dated 28.05.2024 having been reminder letter acknowledged by the office of the respondent No'2 herein, f) The fact that no orders had been passed on the said representations as on date, I I I I I I 74 W.P.No.282lt8 of :;1C t The writ petition is disposed of directing the respondent No.2 to consider the grievance rrf the petitioner as put_forth vide petitioner,,s representation dated 16.01.2024 and remander letter dated 2A.O5.2O24 addressed to the 2nd respondent seeking issuance of posting orders to the petitioner as per the proceedings vicre Mem' No.6548/Ser.tl/ At/2023 dated L2.Og.ZOZ3 issuect by the respondent No.l to the petitioner and llassl appropriate orders, in accordance to Law, within a period of two (2) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if eny, pending in the Writ Petltion shall also stand close d. //TRUE COPY// SD/- A V.S.PRASAD DEPUTY REGISTRAR +,, SECTION OFFICER I I Telangana, I rrigatlon andCAD (Ser. ll) Department Pr[.Secretary

1. The Special Chiel Secreta ry Government of Telangana, The State ol 2 TheDiToctor Gen,:ra\ and Ex-Officio, 3. The Chief Engineer (lrigation),lnigation and CAD (Ser'll) DePartmetrt' ircle, Mu toP the State o{ Telangana' at Admn. S/ and E) DePartment HYderabad Secretariat, H yderabad toG overnme rt Gerneral n Babu' ation C Mulugu UC u 1 Engineer, Advoca r llervtces l, HighCourt for S;amso SuPen 4. The CC to 5. One CCs to 6, Hyderabad ntending Sri (;H GF fo CD Copiel;

7. lwo To, TJ PSK i H,GH COURT CC TODAY DATED;2 OtO3t2O2s ORDER WP.No.282BB of 2023 -(tt€ $ 14 ,4. c 2t t. l" p1;g .., ':a ._,r.i,.. DISPOSING OF THE WRIT PETITION WTHOUT COSTS \0