High Court · 2025
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Petition under NTicle 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 direct'ron especially one in the nature of writ of N,4andamus to declare the Memo No. SPl. Secrertary Peshi 12021-447 dated 13- O5-2O22 issued by the 2nd respondent whereby rejecting the appeal filed by the pelitioner to transfer her frorn the Jogulamba Gadwal District to Mahabubnagar District without giving opportunity of hearing and without considering the submissrons as illegal, arbitrary, unconstitutional, contrary to the GO-MS.No. 317 dated 06-12-2021, violative of principles of natural justice besides violatie of Article 14, 16 and 21 of the constitution of lndia and also contrary to Telangana Public Employment (Organization of Local Cadres and Regulatlon of Direct Recruitment) Order, 2018 and selaside the same, consequently direct the respondents to reconsider the case of the petitioner duly giving opportunity of :t::: hearing of the petitioner and transfer the petitioner to Mahabunagar or Nagar Kurnool District from Jogulamba Gadwal District as per her option on priority and as per her seniority in accordance with rules. lA NO: 1 OF 2022 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 suspend the Memo No. SPl. Secrertary Peshi I 2O2'l-447 dated '13-05-2022 issued by the 2nd respondent while directing the respondents to reconsider and pass appropriate orders on the application/appeal dated 22-12-2021 filed by the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI D.L.PANDU Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPI' RAJESITWAR RAO WRIT PETITIol{ I{0.36190 of20.22 ORDER: Heard learned counsel appearing for the petitioner and the learned Government pleader appearing for the respondents and perused the record.
2. Learned counsel for the petitioner submits that the petitioner was appointed as S.G.T on 20.O4.2OO2 in Narayanpet School, Narayanpet Village, Mahabubnagar District and on 23.O4.2OI3, he was promoted as a School Assistant (English) at Government High School, Market Road, Mahabubnagar. While working in the said prace, she was allotted to a new local cadre of Jogulamba Gadwal and her n€une was at Sl.No.g6 after the n€unes of her juniors, who were appointed after her appoin tment.
3. Learned counsel for the petitioner further submits that the petitioner made a representation to respondent No.S requesting to consider her case for transferring to Mahabubnagar District, but the sarne was not considered a,d she has been posted to Jogulam:ba Gadwal District ignoring the 2 seniority. In pursuance of Inter District transfers, the petitioner was transferred to Jogulamba Gadwal Distric vide proceedings No.ES/ES/MA/JOGU/SCAS/0082, dated 2L.12.2O2I. While so, the petitioner submitted an appeal to respondent No.2. But, respondent No.2 rejected the appeal through Memo.No.Spl/Secretary Peshri/2O2I-477, dated
13.O5.2O22, which reads as follows: "Tle appeal ftled Smt.Fathima Elegum, SA (English), ers uhile MaLnbunagar District has been examined in the hshr of the order of tltis Court in W.P.No.122O6/ 2022, releuant ntles and records furnished bg the District Educational Offi.cer, erstuhile Mahabubnagar District, the petitioner is found not etigibte for consider h.er case in term.s of tle orders issued in reference 2nd and 3.d, as the petitioner d.oes not come under the zone oJ consideration for getting allotted to Mahabubnagar District euen after her senioritg is reuised. No junior to the petitioner u)cts allotted to Mahobubnagar District. The appeal of the petitioner is hence rejected. The Distict Collector, Mahabubnagar District and Distict Educational OfJicer, Mahabubnagar Distict are directed to take further neoessory action in the matter". Aggrieved by the same, the petitioner has filed the present writ petition. 3 + On the other hand, learned Government pleader for Services-l appearing for respondent No.3 filed counter stating that if the seniority list has been rectified and the petitioner,s juniors are re-allotted to their appropriate new local cadres as per their rectified seniority, the petitioner would have been allotted to the new local cadre of Nagarkurnool District.
5. Having considered the rival submissions made by the both parties, the respondent authorities are directed to consider t.l.e case of the petitioner and allot the new local cadre of Nagar Kurnool District as per the rectified seniority list and pass appropriate orders in accordance with law.
5. With the above direction, the Writ petition is disposed of. No order as to costs As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shalt stand closed //TRUE COPY// SDI K. AMMAJI s TANT REGISTRAR SECTION OFFICER To 1 2 2 4 5 6 7 I o PSK. GJP Tel -Commi..ioner and Di6ctor of School Education Government of arEana. The Chief Secretary, Secretariat, Hyderabad, State The Principal Secreta ry, School Education Departm ent Secretariat Hyderabad, State of Telangana. i6e Telanoana. Hvderabad. The D'istrici Callector, Mahabubnaqar District. The District Educational Officer, M;habubnagar, Mahabubnag-ar District The District Educational Offrcer, Gadwal. Jogulamba Gadwal District' One CC to SRI D.L.PANDU, Advocate [OPUC] i*o CC" to GP FOR SERVICES-|, High Court for the State of Telangana' at Hyderabad [OUT] Two CD Copies ({ HIGH COURT DATED:1 110212025 I ORDER WP.No.36190 of Zi22 lrlE Sr4r 27 JtlN il6 ( o t ) 3 ,J ,)n.- ,- r-<_ ^ ,. -, 1- " DISPOSING OF THE WRIT PETITION WITHOUT COSTS \r- cs4iiQ,L h, I I I I I I I I I I I I l'i:l