Telangana High Court
Dr. Ch. Parimala vs The State Of Telangana And 5 Others on 31 March, 2021
Author: M.S. Ramachandra Rao
Bench: M.S.Ramachandra Rao, T.Vinod Kumar
HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.582 of 2021
ORDER:(Per Hon'ble Sri Justice M.S. Ramachandra Rao) The petitioner is employed as Medical Officer Ayush, Government Ayurvedic Dispensary, Narnoor, Adilabad District.
2. The said post falls in Zone-VI and is a Zonal post.
3. Petitioner's husband is employed in the residuary State of Andhra Pradesh in Zone-IV.
4. After bifurcation of the State of Andhra Pradesh into new State of Telangana and the residuary State of Andhra Pradesh under the A.P. Reorganisation Act, 2014, a circular was issued on 07-08-2017 with regard to transfer of employees of the erstwhile composite State of Andhra Pradesh between both States on spouse grounds.
5. Pursuant to this circular, petitioner made a representation on 21-08-2017 to respondent Nos.3 and 4 requesting them to accord their consent for her transfer to the State of Andhra Pradesh from the State of Telangana on spouse grounds. The said application was forwarded by the Director, Department of Ayush, Telangana State, Secunderabad to the Government of Telangana on 19-03-2018, after waiting for 7 months for some unknown reasons.
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6. The Principal Secretary to Government, Health, Medical and Family Welfare Department, Telangana State waited for a further period of 9 months, and only on 05-01-2019 forwarded the request of the petitioner to the Government of Andhra Pradesh to furnish consent of the said State for taking the services of the petitioner on spouse grounds subject to conditions stipulated in Circular dt.07-08-2017 and a later Circular dt.06-08-2018.
7. The Government of Andhra Pradesh accorded consent to the interstate transfer of petitioner from the State of Telangana to the State of Andhra Pradesh on spouse grounds vide proceedings dt.15-07-2019 on condition that the petitioner should take last rank next to the last regular candidate in the State of Andhra Pradesh in the category of Medical Officer in Zone IV, and she should also agree to forego her seniority in the existing State as well as lien.
8. The said letter was received by the State of Telangana on 24-07-2019, but the State of Telangana then refused to relieve the petitioner on the pretext that the time limit for interstate transfers expired on 30-06-2019.
9. Learned counsel for petitioner contends that there was unexplained delay of 7 months from 21-08-2017 when petitioner made an application for interstate transfer till 19-03-2018 by the Director, Department of Ayush, Telangana State, Secunderabad to forward petitioner's application to the Government of Telangana; and the Government of Telangana waited till 05-01-2019 for unexplained ::3::
reasons i.e. for 9 months, to forward the request of the petitioner to the Government of Andhra Pradesh for consent to accept the interstate transfer.
10. Learned counsel for petitioner contends that having delayed in forwarding petitioner's application to the State of Andhra Pradesh without any valid reason, the State of Telangana cannot on the pretext that consent of the Andhra Pradesh was received after 30-06-2019 refuse to permit the petitioner for interstate transfer to the State of Andhra Pradesh and that the action of State of Telangana is arbitrary.
11. In the counter affidavit filed by the State of Telangana, no valid reason is assigned for the delay of 7 months on the part of Director, Department of Ayush, Telangana State, Secunderabad in forwarding petitioner's application to the Government of Andhra Pradesh till 19-03-2018, and for the delay of 9 months by the Principal Secretary to Government, Health, Medical and Family Welfare Department, Telangana in forwarding the request of petitioner to the Government of Andhra Pradesh for consent of the said State Government for taking the services of the petitioner on spouse grounds.
12. The State of Andhra Pradesh filed a counter-affidavit contending that the service particulars of the petitioner are not available in the office of the Commissioner, Ayush Department, Andhra Pradesh, that posts of Medical Officer are organized into Zonal cadres, that there are guidelines issued on 07-08-2017 for ::4::
interstate transfer of Government employees between the State of Andhra Pradesh and the State of Telangana, and consent has been accorded on 15-07-2019 by the 3rd respondent for the interstate transfer of petitioner from the State of Telangana to the State of Andhra Pradesh. Thus, the State of Andhra Pradesh is willing to take the petitioner into its service even as on date.
13. This Court has time and again expressed that the purpose of bifurcation of composite State of Andhra Pradesh into the State of Andhra Pradesh and the State of Telangana was not to separate the spouses. When there are specific guidelines framed on 07-08-2017 by both States providing for interstate transfer of employees in Zonal cadre on spouse grounds, it was incumbent on the part of both States to process the applications for interstate transfer expeditiously and not delay them unduly to the prejudice of the applicants.
14. In the instant case, since no reason is even assigned for the delay in processing the application of petitioner for interstate transfer made on 21-08-2017 by the State of Telangana for 16 months as explained above, the said State cannot refuse to accept the request of the petitioner for interstate transfer because petitioner is not responsible for the delay of processing of her application for interstate transfer, and the Officials of the State of Telangana alone are responsible for the same.
15. Accordingly, the Writ Petition is allowed; Writ of Mandamus is issued declaring the action of respondent Nos.1 and 2 in not relieving ::5::
the petitioner from the State of Telangana by effecting interstate transfer pursuant to Circular Memo dt.07-08-2017 and consequential consent letter by the 3rd respondent on 15-07-2019, as arbitrary, illegal, unconstitutional violating Article 14, 16 and 21 of the Constitution of India and contrary to the said Circular; and consequently a direction is issued to respondent Nos.1 and 2 to relieve the petitioner from the State of Telangana on or before 15-04-2021 by effecting interstate transfer pursuant to the said Circular Memo dt.07-08-2017 and consequential consent letter given by 3rd respondent on 15-07-2019; petitioner is directed to report to the 4th respondent before 30-04-2021, and respondent Nos.3 and 4 shall provide a proper posting to the petitioner in the State of Andhra Pradesh by 15-05-2021. Respondent Nos.1 and 2 shall also pay costs of Rs.10,000/- to the petitioner in four (04) weeks. The respondent Nos.1 and 2 shall also forward the Service Record of petitioner to the 3rd respondent in two (02) weeks from today.
16. Consequently, miscellaneous petitions, pending if any, shall stand closed.
____________________________ M.S. RAMACHANDRA RAO, J ___________________ T.VINOD KUMAR, J Date: 31-03-2021 Note :- Issue C.C. in one week.
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