High Court · 2025

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanorderorordersordirectionorwritmoreparticularlyinthe nature of mandamus declaring the action of the Respondents No 1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone - ll, Basara Dist' TS ' to DMU Mulugu of Zone-l Kaleswaram to accommodate the Respondent No.4 in the petitioners prace of working arreging mutual transfers vide Proc'No A1'21-2022' Dl3-11-2022 issued by the Respondent No.3 in favor of the Respondent No 4 as illegal' arbitrary' discriminatory. ur c:>n stitutiona l, unjust, vindictive, baseless unilateral and violative of the .Ar i: ers '14 and '16 of the Constitution of lndta tl e principles of natural justice arrd null and void and contrary to the --elt>ngana Public Employment Orga r:iation of Local Cadres are Regulation of frir€rct Recruitment Order 2018 anrl Guile Lines issued in the GO. Ms. No. 317 CAt) (SPF-|) Dept, Dt.6-12-2021 and r;on;equently direct the Respondents to restote the petitioner to his working place cf at DMU Nirmal, Zone - ll, Basara Dist, Tll , by shifting the Respondent No4 to Dlr4U Mulugu of Zone-l Kaleswaram ,tr else create q supernumerary ;ro:l+ to the Respondent No.4 as stirted in the Proc.Rc.No.E2l21ll2C:22, D|.11-10-2022 issued by the Responrlent No.2 to meet the ends of justice. |.A.NO:1 OF 2 022 Petition [.Jnd:r [)ection 151 CPC praying that in the circumstiances stated iO the affidavit filed ir support of the petition, the High Court m,ry be please( to direct the Respr:nderrts No.1 to 3 to consider and pass appropriate orderg on Sro two Representatiorrs l)t:11-11-2022 and 25-1 1-2O22 aubmitted by, the petifloner with regard to reslcre the working place of the petitioner at DMU Nirmal, Zone , ll, Basara Dist, TIi., b'/ shifting the Respondent No.4 tp DMU llurugu af Zone-l Kaleswaram or else <:reate a supernumerary post to the Res:orrdent No.{ aq stated in the Prcc i?c No 82121512022, Dt.11-10-2022 lssued by ttre Reepondenf No.2 to meet the errdr; of justice during the pendency of the writ Fret tion. Counsel for the Potitioner : SRI M.PRATHEEK REPDY Counsel forthe Respondent Nos.1 to 3 : GP FOR SERVICES- I Counse! for the Respondent No.4 : SRI SHAIK KARIMULLA ( The eourt made th'-. tbllowing ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA w PE ION o.46L61 0F2 o22 ORDE R: Heard Sri M. prateek Reddy, learned counset appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I, appearing on behalf of respondent Nos.l to 3 and Sri Shaik Karimulta, learned counsel appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking prayer as under: ".... to issue an order or orders or direction or writ more particularly in the nature of Mandamus declaring the action of the Respondents No.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara Dist, TS., to DMU Mulugu of Zone-I Kaleswaram to accommodate the Respondent No.4 in the petitioners place of working alleging mutual transfers vide. Proc.No.Al-21-2022, Dt.3-tt_2o22 issued by the Respondent No.3 in favor of the Respondent No.4 as illegal, arbitra ry, discriminatory, u nconstitution a l, unjust, vindictive, baseless, unilateral and violative of the Articles 14 and 16 of the Constitution of India, the principles of natural justice and null and void and \ 2 contrarv to the Telengana Public Employmen. Organizart on of Local Cadres are Regulation of Dir ec ' Recruiirrr€nt Order 2018 and Guide Lines issued ir thr: GO M:; flo 317 GAD (SPF-I) Dept, Dt'6-12-2021' rnrl cor,s;€'c u(l ltly direct the Respondents to restore thl petitio rer to his working place of at DMU Nirmal' Zon': - II, Bes;ara Dist, TS.. by shifting the Respondent flo l to D tvl J n4ulugu of Zone-I Kaleswaram or else crea:e a supeTr)Ll-IleTary post to the Respondent No'4 as sti)tel in the P 1)c.Rc .No.E2/215/2O22, Dt'lt-lO-2O27 by thrt rlespondent No'2 to meet the ends of a n,l P rs i.,. " iss ue C j u:;ti( e 7-021

25.12 (Basara) 1r(,rn petition er h 3d of the Pet ti lner,

3. The c.ase of the petitioner in brief is that as per G.O.Ms.Nc.-:. 7 GAD (SPF-I), Dept, Dated 06 1'l'2021 the been allotted to the new local cac re Zone-II the erstwhile cadre Zone V, vide [)rc,c. d ated issued by the respondent No'3' Behirld the back the Respondent No.4 filed W'P' Nr' 10462 of Court declaring the action of the re;pondent 2022 befcrrr:r this No.2 in nc)'i considering the Appeal dated 25'01''10'12 of the petitioner thereunder for transferring her frln Zone-| Kalesr,,,ra rit Trl to Zone-II Basar as per her first opti,)n as illegal to res po n d,: n No.2 to and conser:ltlentlY sought a consider and dispose of the Appeal dated 25.01-.2022 of the direction I ..----. 3 petitioner. Respondent No.2 had rejected the Appeal dated 25.01.2022. The petitioner herein submitted representations dated 11.11.2022 and 25.LL.2022 to the respondent Nos.l to 3 to restore the working place of the petitioner at DMU Nirmal Zone-l[, Basara District by shifting the respondent No.4 to DMU Mulugu of Zone-I Kaleswaram. Aggrieved by the action of the respondent Nos.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara District to DMU Mulugu of Zone_l Kaleswaram, the petitioner approached the Court by filing the present writ petition. It 4 is the specific case of res ondent No.4 aDoroac hed th oc sion bv filino W.P. on earlier Cou rt o.1046 of 2022 see rnq the o tioner Draver as under: '.... to issue an appropriate writ. order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 not considering and disposing off the Appeal :25/OU2O22. made by the petitioner for her post from Zone-I Kaleshwaram to Zone-II Basar, as per her First Option, as illegal, -transferiing _ _dated {-l* ffi: I 4 unjust, arbitrary arid violates of Articles 14 and ''6 of the (lo-rstitution of India contrary to in accordan':e wrth t"re Telangana Public Employment (organizrti)n of Local Cadres are Regulation of Direct Recruitnlert) Orde-, i1018 and guidelines issued in G'O Ms Nr' 3 t7 GAD (!iF'}F-1) Dept., Dt. 06lt2l2027 and consecluen'-ly direc. l-he Respondent No.2 to consider and dispol;e )ff the Apneal dated 25/OU2O22 submitted by tne Petitlorror for transferring her post from Ztni>-l Kales;h,taram to Zone-II Basar in accordance wit,l the Tr:larrg,:ra Public Employment (Organization oi Lo':al Cadres and Regulation of Direct Recruitment) C)rd 3r' 2C1€ :rd guidelines issued in G'O'Ms'No'317 G'\D (:lPF-l) Dept., Dt. OGll2l2027 and to pass" "' 5 In the sa wr t n 4th res t her ed inte !mo f2 2i I.A. No.:L te 2 o o22 ass din vo r n and the s me rs xtr ed her 'Heard learned lera rr ed Government resp )ndents and perused the record' counsel for the Petitic n€r Pleader aPPearlng lor Petitioner contends that she was appoin:ed as .lrniOr Assistant, on compassionate grou rd:;' on 2.8.05 7gg7, and was allotted to the erstwhile lcca cadre of ,:o 1e V; that while implementing G'O'Ms ' No 3l7 Cien,:r;l Administration (SPF-I) Department, dated Q6.72'.2021, the respondents have allotted the se itioner / I ( 5 to Zone I - Kaleshwaram, vide order dated 25.t2.2O2L, ignoring the fact that her appointment is under compassionate grounds and that her posting from the existing place of working will result in disturbance to her family members, who are already in trauma and that her case has to be considered in terms of Guideline No.22 of the above said G.O. Petitioner further contends that, in similar circumstances, a Division Bench of this Court, in W.p. No.9798 of 2022 by order dated 23.02.2022, interdicted the respondents in applying Guideline No.22 only to widows, who were granted employment on compassionate ground and not to other widows and held that there cannot be any discrimination between widows, with further relief of staying the impugned proceedings therein. Petitioner thus contends that her case is to be considered, since her appointment itself is on compassionate ground, which is covered by Guideline No.22 of G.O.Ms.No.3l7 General Administration (SPF-I) Department, dated 06.72.2021, and ignoring the above said guideline, the respondents have allotted the petitioner to the local cadre of Kaleshwaram. Prima facie I find force in the above said submission. Having regard the interim order granted by the Division Bench of this Court in W.p. No. 979g of 2022 dated, 23.02.2022 and for reasons alike as were stated therein, the impugned proceedings of the respondents in Proc.No. RE/SUIZV/AISEAS/ 0009. dated 25.t2.2O27 allocating the petitioner to local cadre of Zone-I Kaleshwaram is hereby suspended until further orders. .l \ !:,j4:it' tsl, ;&l;&-l 6 - Th,: rr::;lr:ndents are directed to issue necessary telir:ving ordersr l.o the petitioner to report back to the pla':e of earliet p; c,sting. "

6. l'he earned counsel appearing on beh'llf of the petition{rr irr the present writ petition contends that the said interirr o-der 28.02.2022 passed in I.A. No.1 :f 2022 in favour of thr:4th respondent herein was behind ther back of the petitic,n,:r herein and in clear violation of the lrrinciples of the naturrtrl iustice thereby the petitioner was transfe-red from the pcrst crf Senior Assistant from DMU Nirm.l, Zone-II, Basara Di;trict, T.S. to DMU Mulugu of Zone-i, Kill3s',varam to accommoiiate the respondent No.4 herein in the p(rtitioner's place of lvcrking alleging mutual transFers vrde P'or:.No. A1- 2L-202:"'), dated 03.11.2022 issued by the responcert No.3 in favour of respondent No.4 illegally and arbitrarily'.

7. In Yiew of the fact as borne on record that tte appeal preferrecl b'l the 4th respondent herein had been rr:iected vide Government tvlemo No. l76l6lSer.l/2022, Revenu3 (Ser.I) Dept, clal:e(l 28.06.2022 of the 1't respondent re"ein, and further, irlr ew of the fact that the writ petition |'Jo,10462 of 2022 ptrefered by the 4th respondent had also been rlismissed *-!rt , .:i1i--,l , - r :: .:r: r I 7 by this Court vide its order dated 02.05.2025, this Court opines that the petitioner herein is entitled for consideration of petitioner's case as put forth by the petitioner in the present writ petition and also through petitioner's representations, dated 7t.11.2022 and 25.11.2022 pertaining to restoration of the working place of the petitioner to DMU Nirmal Zone-lI, Basara District.

8. Takino into consideration: (a) case, The aforesaid facts and circumstances of the (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of respondent No.4, (c) The fact as borne on record that the interim order granted by this Court on 28.O2.2O22 passed in I.A. No.l of 2022 in W.P. No.10462 of 2O22 had been the basis for effecting the transfer of the petitioner herein from the post of Senior Assistant from DMU Nirmal, zone-Il, Basara District T.S. to DMU Mulugu of '' i.: ;i .-! 8 Zone-I l(aleswaram to accommodate the respondent No.4 in the petitioner's place of working alleging mutual transfers vide Proc. No. A1-21-2A21,/, dated O3.LL,2O22 issued by the respondent No.3 irr favour of 4th respondent and in view of the fact as borne on recorcl that the Writ Petition No.1O462 of 2O22 filed by 4th respondent herein seekang prayer for c{isposal of appeal preferred by the 4th respondent for change of local cadre having been examined by the Governrnent had beerr rejected by the Government vide pror::eedings dated 28.06.2O22 having been dismissed by thris Court vide its order, dated O2.05.2025. The Writ Petition is disposed of directing the respondernt Nos.1 to 3 to consider the grievance of the petitioner as put forth in the present writ pertition and also thrrrugh representations dated Lt.LL.2Ct22 and

25.LL,2O22 pertaining to restoration of working place of the lretitioner at DMU Nirmal, zone-I[, Basara District, -lelangana State by shifting respondent No.4 to Mulugr.r of Zone-I Kaleswaram, or in the alternative to consider the request of the petitioner by creating one t 9 supernumerary post of Senior Assistant at Nirmat District, Zone-II for posting of the respondent No.4 as stated in the Proc.Rc.No.E2/ZOLSl2022, dated lL.lO.2O22 issued by the respondent No.2 to the l"t respondent and pass appropriate orders, within a period of two (2) weeks from the date of receipt of a copy of this order, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to both the petitioner and respondent No.4 herein. There shall be no order as to costs. Ivliscellaneous applications, if any, pending shall stand closed. ,,TRUE COPY// i35id,'^R\H'[t?HXA SECTION Olrtcen To 1 2

4. 5 6 7 ffit*usg;,ff'*.nH*l#rffi-ffi *:"gitSt-t-*'fl='i?xali":1"3[?':"Y'1 SA BS ,/ 1-d.f .'. .r rl.rarltu .x C.C. TODAY /. /./'.? tte Ll 4rs 'l c v7 c) ri!dI )F HIGH COURT DATED:02 t0512025 I ) I I . .'ll;,, .,1.. .* ,., ORDER WP.No.40161 of 2022 DISPOSING OF THE W.P WITHOUT COSTS // 4,2 ///// 3