The High Court · 2025

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 direction more particularly one in the nature of writ Mandamus declaring the action of the 2nd respondent in issuing the impugned Procs.No.TE-EsttlGeneral Transfersl2O24, dated 3110712024, in contravention to Rule 6 of the Guidelines issued vide G.O.Rt.No . 118 HE(CE) Dept. dated 15t0712024, by transferring the petitioner to a far off place to GPT Gadwal, by transferring two male candidates without giving preference to the petitioner as highly illegal, arbitrary and in violation of Guidelines issued vide G.O.Rt,No. 118 HE(CE) Dept. dated 15107t2024, consequently set aside the impugned Procs. No.TE-EsIUG enera I Transfers I 2024, dated 31 I 07 I 2024. 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 consider the representation of the petitioner dated 311O712024 by transferring the petitioner to GPT Suryapeta, in compliance with Rule 6 of the Annexure to G.O.Rt.No. 118 HE(CE) Dept. dated 1510712024, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAMESH KADARI Counsel for the Respondent Nos.1 TO 3: GP FOR SERVICES-I Counsel for the Respondent No.4: - The Court made the following: ORDER .) THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.27L37 of 2o.24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue a writ order or direction more particularly one in the nature of writ Mandamus declaring the action of the 2nd respondent in issuing the impugned Procs.No.TE-Estt/General Transfers/2O24, dated 31.07.2024, in coritravention to Rule 6 of the Guidelines issued vide G.O.Rt.No. 118 HE(CE) Dept. dated 15.07.2024 by transferring the petitioner to a far off place to GPT Gadwal, by transferring two male candidates without giving preference to the petitioner as highly illegal, arbitrary and in violation of Guidelines issued vide G.O.Rt.No. 118 HE(CE) Dept. dated 15.07.2024, consequently set aside the impugned Procs.No.TE-Estt/General Transfers/ 2024, dated 31.07.2024 and pass..."

2. Heard Sri Ramesh Kadari, learned counsel appearing for the petitioners, and learned Government Pleader for Services-I appearing on behalf of the respondents.

3. Learned 'counsel for the petitioner submits that while the petitioner was working as Lecturer in Computer Engineering at Durgabai Deshmukh Government Women's Technical Training Institute, Hyderabad, the Government undertook General Transfers- 2024, in accordance with the guidelines prescribed in G.O.Rt.No.118 dated L5.O7.2O24. Accordingly, the petitioner participated in the I I I i j I I t Y- - 2 PK, J W.P.No.27137 of 2024 transfer counseling and exercised her preferences with Government Polytechnic, Nalgonda, and Government Polytechnic Women, Suryapet, as her first and second preferences, while Government Polytechnic, Gadwal as her last preference. However, in contravention of paragraph 6 of G.O.Rt.No.118 dated 15.07.2024, which stipulates that women should be given preference over men, respondent No.2 has transferred two male candidates to Government Polytechnic Women, Suryapet, and posted the petitioner at her last opted place, i.e., Government Polytechnic, Gadwal, vide impugned proceedings dated 31.07.2024, which is wholly illegal, arbitrary, unjust, and violative of principles of natural justice and the Guidelines issued in G.O.Rt.No.118 dated 15.07.2024. Therefore, learned counsel prays this Court to set aside the impugned proceedings dated 3L.O7.2024, with a direction to the respondents to effect the petitioner's transfer to Goverirment Polytechnic Women, Suryapet, as per her entitlement.

4. Per contra, learned Government Pleader submits that respondent No.1 issued G.O.Rt.No.118 dated 15.07.2024, framing the operational guidelines for General Transfers-2024 in respect of respondent No.2-Department and the Departments of Collegiate and Intermediate Education, specifying the compulsory transfer of t 3 PK, J W.P.No.27137 of 2024 employees who have completed five years and above of service at a particular station as on 30.06.2024. As such, since the petitioner completed ten years, eight months and nine days of service at the same station, she apptied for transfer through web counseling and submitted her options. As per the guidelines, the petitioner had secured (11) entiflement points and stood at sl.No.17 out of the (20) applicants for General Transfer of Computer Science and Engineering Branch in Multi zone-rr. Accordingly, the petitioner was transferred and posted at respondent No.4 Institution, which is her sixth preferred option. Hence, the impugned proceedings are neither illegal nor arbitrary. 5- It is further submitted that as per paragraph 6 of the Guidelines issued in G.o.Rt.No.118 dated ls.or.2024, the order of preference of posting at women institutions shall be women/male above (50) years of age/male between 45-s0 years of age/others, but it is nowh".. L.rrtioned in the said Guidelines that only women faculty sha1l be posted at women Institutions, and only a privilege was granted to the women faculty, provided they stand in the merit over the men in the entitlement points. It is submitted that a total of (6) wombn faculty, including the petitioner herein, participated in the transfer counseling and the petitioner stood last among those .- Y-1 \ 4 PK, J W.P.No.27137 of 2024 individuals. As such, even if preference to women for women institutions is given, the individuals at Sl.Nos.3 and 5, i.e., G. Sree Madhuri (41.03 points) and B. Lakshmi (31 points), would have occupied the (21 vacant posts at Government Polytechnic Women, Suryapet. It is further submitted that the two male candidates, i.e., M. Same1 and T. Kasi Naidu, stood at Sl.Nos.11 and 12 with entitlement points of (18) and (16) respectively. As such, the present transfer was effect purely as per the merit and thtrs, the claim of the petitioner, who stood at Sl.No.17 with (11) entitlement points, is not feasible for consideration. Therefore, it is prayed to dismiss the present writ petition.

6. This Court has taken note of the rival submissions advanced by learned counsel for the respective parties and perused the material on record.

7. Admittedly, since the petitioner had completed more than five years of service at Durgabai Deshmukh Government Women's Technical Training Institute, Hyderabad, she participated in the transfer counseling during the General Transfers-2O24 and opted for the following institutions in the order of priority, anticipating her transfer to Government Po\rtechnic Women, Suryapet. 5 PK, J W.P.No.27137 of 2O24 l.GPT Nalgonda 2.GPW Suryapet 3.GPT Mahabubnagar 4. GPW Pebbair 5. KDRGPT Wanaparthy 6.cPT Gadwal

8. Now the grievance of the petitioner is that despite her entitlement, she was not posted at Government polytechnic women, Suryapet, instead, two male individuals were posted at the said place. However, according to the respondents, as many as (2o) lecturers in computer science and Engineering, including the petitioner herein, participated in transfer counseling from Multi zone-rr, and that based on their entitlement points, ranks were assigned, whereby, the petitioner stood at sl.No.17 with (11) entitlement points. consequently, the petitioner was transferied and posted to Government Polytechnic, Gadwal, which was her sixth preference. \ \ Likewise, Mr. M. samel and Mr. T. Kasi Naidu, who stood at higher ranks at Sl.Nos.ll and 12 respectively, were posted at Government Polytechnic Women, Suryapet.

9. Before adverting any further, it is pertinent to note that the petitioner had joined duty at Government Polytechnic, Gadwal, in pursuance of her transfer and posting order dated 3L.OT.2O24, and, had filed the present writ petition in september, 2024, seeking \.' ^P*!*d \-l-\ '... I\I - ,-I i ! .\ 6 PK, J W.P.No.27137 of 2024 transfer to Government Polytechnic Women, Suryapet, even without impleading the aforesaid two individuals, who were posted to the said place, thereby, attracting the principle of non-joinder of necessary parties. Furthermore, it has been held time and again that transfers and postings are an incidence of service, and such administrative orders may not be interfered with, unless mala fides or statutory violations a-re demonstrated.

10. In view of the above, this Court is not inclined to grant any relief to the petitioner. As such, the present writ petition is liable to be dismissed.

11. Accordingly, the Writ Petition is dismissed. Miscellaneous apptications, if any, pending in this writ petition, shall stand closed. No costs. h. SD/.P.C. SULEKHA DEVI REGI //TRUE COPY// One CC to SRI RAIMESH KADARI, Advocate IOPUC] Two CCs to GP FOR SERVICES-|, High Court for the Hyderabad. [OUT] Two CD Copies TION OFFICER of Telangana, at To 1 2 3 PSK. GJP u> HIGH COURT DATED:1211112025 ORDER WP.No.27137 ot 2024 HET i.) 210 l\- --(\ .r r '.'l fr^-l.a i -: , -:. r{\...-.-.:..- * DISMISSING THE WRIT PETTTION WITHOUT COSTS t, n/ +