Telangana High Court
K.Narender vs The State Of Telangana on 19 September, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT JUSTICE P.MADHAVI DEVI
WRIT PETITION No. 35582 of 2022
ORDER:
This writ petition is filed seeking a Writ of Mandamus to declare the action of 2nd and 3rd respondents for taking steps to re-post the petitioner to Zone-I, to which cadre he was allotted, though he was posted to the office of Regional Joint Director of School Education, Warangal District which comes under Zone-IV and where he is working since January, 2022 and not releasing salary due to the petitioner from January, 2022 inspite of rendering services without any interruption, as illegal arbitrary and unconstitutional.
2. The brief facts of the case leading to the filing of this writ petition are that the petitioner was initially appointed as a Junior Assistant in the year 1983 and was promoted to the post of Senior Assistant in the year 2020. The petitioner was allotted to Zone-I (Kaleshwaram Zone), whereas posting was given in Warangal District which comes under Zone-IV i.e., Office of Regional Joint Director of School Education, Warangal District vide proceedings dated 08.01.2022 and has been rendering services uninterruptedly since then.
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3. It is submitted that the petitioner has not been paid salary for the period 09.01.2022 to till date and therefore, he has filed the present writ petition, both for payment of salary as well as retention in Zone IV, where he is presently working since he has already shifted his family to Warangal.
4. The learned Government Pleader for Services - I has obtained written instructions from the Regional Joint Director of School Education, Warangal District, according to which, under Presidential Order, 2018, the petitioner was allocated to Zone-I (Kaleshwaram Zone), in the newly allocated Local Cadres. However, at the time of issuing of posting orders though there was a vacancy of Senior Assistant existing in Zone-I (Kaleshwaram Zone), the District Educational Officer, Jayashankar Bhupalpally District, had not informed about the vacancy at the relevant point of time and therefore, the petitioner was posted in the existing vacancy of Senior Assistant in the office of Regional Joint Director, Warangal District, Zone IV.
5. It is submitted that the monthly salary bill of the petitioner for the month of January, 2022 was prepared and submitted in the District Treasury Office, Hanumakonda District, but they have raised the following objection dated 04.02.2022 "during the course 3 of audit, deficiency is pointed that the incumbent has been allotted to Zone-I (Kaleshwaram Zone), but posted in Zone-IV (Bhadradri Zone) i.e., at the Office of the Regional Joint Director of School Education, Warangal" and the Treasury authorities have also advised the respondents to review the cadre strength once again with reference to Presidential Order -2018 and resubmit the bills.
6. It is submitted that thereafter, the respondents have posted the petitioner in the existing clear vacancy in Office of the District Educational Officer, Jayashankar Bhupalpally vide proceedings dated 16.09.2022 and relieved him from the Office of Regional Joint Director of School Education, Warangal and also instructed the petitioner to report at the new place of posting.
7. The learned counsel for petitioner also submitted that the petitioner has also made a representation to retain him at the present place of posting i.e., Regional Joint Director of School Education, Warangal, but no decision has been taken by the authorities on the same.
8. In view of the above submissions, it is noticed that there is no fault of the petitioner what-so-ever in posting him in Zone IV instead of Zone I and therefore, non-payment of salary for the last 4 eight months is highly illegal and arbitrary. Therefore, the respondents having exhausted the services from him ought to have paid the salaries by taking necessary steps to rectify the objections raised by the audit party. The respondents have acted after nearly 6 months.
9. Therefore, the petitioner is directed to join the duty at the new place of posting in Zone I and the respondents are directed to pay the petitioner, the entire salary for the period from 09.01.2022 to 16.09.2022. The said salary shall be paid within one week from today, and if it is not paid within one week, as directed above, the respondents shall pay the said salary amount along with interest @ 6 % per annum thereof from the date it is due till the date of payment.
10. In respect of petitioner's request to retain him at his present place of posting, the petitioner is at liberty to make another representation to the respondents, and the same shall be considered expeditiously, preferably within a period of 2 months from the date of receipt of this order.
11. With the above direction, this writ petition is disposed of. 5
12. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
____________________________ JUSTICE P. MADHAVI DEVI Date: 19.09.2022.
Note: CC in two days B/o.
GVR/SSN 6 THE HON'BLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION No.35582 of 2022 19.09.2022 (GVR/SSN)