Telangana High Court
E.Vijaya Lakshmi vs State Of Telangana on 17 March, 2022
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No. 13691 OF 2022
ORDER:
This Writ Petition is filed for the following relief:
"to declare the action of the respondent in not considering the representation dated 29.11.2021 and proposing to revert him from the post of Regional Joint Director/Principal Institute of Advanced Studies in Education (IASE) even though there is a vacancy to accommodate in Smt. A. Usha Rani in terms of the orders passed by the Hon'ble Court as wholly illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider her representation and take a decision accordingly".
2. Sri P.N. Sanghi, learned Senior Counsel appearing Sri Siddhartha Sarma, learned Counsel for the petitioner and the learned Government Pleader for the respondents and with their consent, the matter is taken up for hearing and disposal at the admission stage.
3. Petitioner contends that she was promoted to the post of Joint Director/Regional Joint Director of School Education, vide G.O.Ms. No.8 School Education (SER.I) Department dated 06.03.2021, and consequent upon such promotion, she was posted to work as Regional Joint Director of School Education, Hyderabad in the existing vacancy and also placed in Full Additional charge to the post of Principal, Institute of Advanced Studies in Education (IASE), Masab Tank, Hyderabad and was duly discharging her duties. 2
4. While that being so, the respondents are now seeking to revert back the petitioner purportedly to implement the order of this Court in W.P. No.2778 of 2021.
5. Petitioner further contends that even if the above order is implemented by giving posting to the petitioner therein viz., Smt. A. Usha Rani, since the petitioner is placed as Full Additional charge of the post of Principal, Institute of Advanced Studies in Education (IASE), which also requires similar cadre employee to be posted thereat, instead of being reverted by cancelling promotion, petitioner can also be considered for being retained in the said post.
6. It is further contended that bringing the same to the notice of the authority, petitioner claims to have submitted a representation, dated 29.11.2021, to the Minister of Education, Government of Telangana, and the said representation has been forwarded to the 1st respondent, who, in turn, had called for a report from the 3rd respondent, vide his letter dated 07.12.2021, and that no further action has been taken thereon as of date.
7. Having regard to the fact that the petitioner has submitted a representation, dated 29.11.2021, to the Minister of Education, Government of Telangana, which is not in dispute, the respondents, in particular the 1st respondent is directed to take further action on the 3 representation given by the petitioner, dated 29.11.2021, and pass appropriate orders thereon, in accordance with law, and communicate its decision to the petitioner, preferably within a period of three weeks from the date of receipt of a copy of this order.
8. The Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
___________________ T. VINOD KUMAR, J Date: 17.03.2022 MRKR 4 THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 13691 OF 2022 17.03.2022 MRKR