Telangana High Court
Smt. A. Vijayalakshmi vs Smt. Yogita Rana, I.A.S. on 5 August, 2025
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HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION Nos.1278 and 3128 of 2025
and C.C.No.553 of 2025
COMMON ORDER :-
Since the issue involved in these writ petitions is one and the same and the Contempt Case is filed against the interim order dated 05.02.2025 in W.P.No.3128 of 2025, they are being disposed of by this common order.
2. Heard Sri D.L.Pandu, learned counsel appearing for the petitioners and the learned Government Pleader for Services appearing for the respondents.
3. For the sake of convenience, the facts in W.P.No.3128 of 2025 are discussed hereunder :-
4. W.P.No.3128 of 2025 is filed seeking the following relief :-
"..... to issue a Writ or Writs Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No 2 in issuing the Proceedings No 1724/Esst/2025/JBB/A1 dated 09012025 during the pendency of the transfer relaxation of the Petitioner from Superintendent Bal Bhavan Jogulamba Gadwal District VII Zone to Charminar Zone Superintendent Old City Bal Bhavan Hyderabad VI Zone as arbitrary illegal and violation of principles of natural justice consequently to direct the Respondent No 2 to continue the 2 petitioner to work on OD Basis at Old City Bal Bhavan Hyderabad VI Zone till finalization of the zonal transfer.....".
5.(i) The petitioner is working as Bal Bhavan at Gadwal for the past 28 years and she is working on OD basis at Charminar Zone, Old City Bal Bhavan, Hyderabad (VI Zone), since 26.08.2019 and there is a clear existing vacancy in Charminar Zone as well as at Secunderabad, Bal Bhavan and also at Head Office for Superintendent Cadre and equivalent posts.
(ii) Earlier, the petitioner has filed W.P.No.1278 of 2025 for relaxing the Rules and transfer from Jogulamba Gadwal District (VII Zone) to Charminar Zone, Old City Bal Bhavan, Hyderabad (VI Zone), and this Court issued notice before admission and posted the matter on 25.02.2025. Pending the said writ petition, the 2nd respondent issued proceedings No.1724/Esst/ 2025/JBB/A1, dated 09.01.2025 instructing the petitioner to report before the District Educational Officer, Jogulamba Gadwal.
(iii) The petitioner is suffering with viral fever and she is undergoing treatment and sought leave from 15.01.2025. The petitioner is the only staff of the Old City, Bal Bhavan and that 3 the students of the petitioner have participated in National Level Awards/President Award and State Level awards. As per the proceedings of the 2nd respondent dated 14.05.2017, the post of Superintendent at Bal Bhavan, Old City, Hyderabad, is clear vacant as on 30.09.2016. Further, in Secunderabad Bal Bhavan also there is a clear existing vacancy as on 30.04.2019 and that the petitioner is seeking relaxation from Jogulamba Gadwal District VII Zone to Charminar Zone, Old City Bal Bhavan, Hyderabad VI Zone and the same is pending with the Government. While so, the 2nd respondent issued impugned proceedings dated 09.01.2025.
6. Learned counsel appearing for the petitioner submits that issuance of the proceedings dated 09.01.2025 during pendency of W.P.No.1278 of 2025 is illegal and contrary to law. While pending the said writ petition, the 2nd respondent highhandedly repatriated the petitioner in the middle of the academic year. The petitioner is having old aged parents, who are suffering with health issues. Therefore, learned counsel appearing for the petitioner submits that appropriate orders be passed by setting aside the proceedings dated 09.01.2025 and directing the 4 respondents to continue the petitioner on OD Basis at Old City, Bal Bhavan, Hyderabad VI Zone.
7. On 05.02.2025 in W.P.No.3128 of 2025, this Court while issuing notice before admission, directed the respondents to continue the petitioner in the same station i.e., Old City, Bal Bhavan, Hyderabad-VI Zone till completion of the academic year.
8. After passing the above interim order, the respondents without complying the said order, filed I.A.No.2 of 2025 seeking to vacate the interim order dated 05.02.2025 passed by this Court in W.P.No.3128 of 2025.
9. Along with the vacate stay petition, the respondents filed a counter affidavit stating that the request of the petitioner for an On duty (OD) arrangement was considered and approved vide proceedings No.1724/Estt.1/2010, dated 03.08.2019 issued by the 2nd respondent and the petitioner was permitted to discharge her duties at Old City Bal Bhavan, Hyderabad, until further orders. However, as on date, there is no requirement of her services at Old City Bal Bhavan and since she has been drawing her pay and allowances from her parent office, it is decided to repatriate her to her parent unit. The said arrangement was 5 purely temporary and subject to administrative exigencies. Despite working at Old City Bal Bhavan on OD basis, the petitioner continued to draw her monthly pay and allowances from her original appointed post at Bal Bhavan, Gadwal (parent Department).
10. It is further stated that the period of On Duty (OD) assignment of the petitioner at Old City Bal Bhavan was approved by the 2nd respondent from 03.08.2019 to 09.01.2025. The said temporary arrangement will not create any vested right in favour of the petitioner for her retention at Old City Bal Bhavan. Therefore, the respondents have rightly repatriated the petitioner to her parent department on 09.01.2025. The petitioner is willfully absent from her duties since 10.01.2025.
11. It is further stated that the relieving order was issued on 09.01.2025 and the petitioner wantonly applied medical leave from 15.01.2025 without taking proper acknowledgment from the District Educational Officer and Convener or the Deputy Educational Officer and Drawing and Disbursing Officer. There is no proper time period for OD basis and it is only on administrative adjustment. The present Director while checking 6 the records randomly, the issue came to her notice and the petitioner was relieved from Bal Bhavan, Old City to her parent unit.
12. It is further stated that W.P.No.1278 of 2005 is pending before this Court and no final decision has been taken in the said writ petition. Therefore, the issuance of the repatriation order is in line with service rules and does not violate any court's order.
13. Learned Government Pleader appearing for the respondents submits that the 2nd respondent has rightly passed the proceedings dated 09.01.2025 and there are no grounds to interfere with the same. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.
14. Heard both sides. Perused the record.
15. In the instant case, the 2nd respondent issued proceedings dated 14.05.2017 permitting the petitioner to work on OD basis at Charminar Zone, Old City Bal Bhavan, Hyderabad (VI Zone). In the proceedings dated 14.05.2017, the 2nd respondent stated as follows :-
The Inter District Transfer of Smt.A.Vijayalakshmi, Superintendent, Bal Bhavan, Gadwal to Bal Bhavan, Old 7 City, Hyderabad in the existing vacancy. The post of Superintendent is clear vacant at Bal Bhavan, Old City, Hyderabad, due to Superannuation of existing Superintendent on 30.09.2016 AN.
It is submitted that there is no eligible employee for Promoting to the post of Superintendent which is vacant at Bal Bhavan, Old City, Hyderabad from the feeder category in the District unit.
It is submitted that out of 8 posts in each institution the seven employees are working at Bal Bhavan, Secunderabad and Bal Bhavan, Old City, Hyderabad.
.......
It is submitted that both the feeder category instructors are not eligible for promoting the post of Superintendent and not qualified. Sri.T.L.Kumar, Dance Instructor, Bal Bhavan, Secunderabad does not have Technical qualifications i.e., Certificate course and TTC Smt.Y.S.Anasuya Devi, Drawing Instructor does not have Degree.
Further it is submitted that Smt.A. Vijayalakshmi, Superintendent, Bal Bhavan, Gadwal is belongs to Telangana and there is no charges pending against her. She has given a letter of an undertaking for taking last rank in the establishment of Hyderabad City. A copy of the revised format are here with enclosed."
16. A perusal of the above proceedings goes to show that the post of Superintendent is clear vacant at Bal Bhavan, Old City, 8 Hyderabad and that the petitioner was permitted to work in the said place as Superintendent on OD basis. Since there is a clear existing vacancy, the petitioner has continued at Old City Bal Bhavan till issuing the impugned proceedings. A perusal of the record goes to show that as on today the post of Superintendent is not filled by any regular employee. Further, there is no complaint whatsoever against the petitioner in her working place and as on today, no charges are pending against her.
17. Considering the above facts and circumstances of the case, this Court deems it fit and appropriate to direct the respondents to consider the petitioner's case for continuing her at Old City Bal Bhavan, Hyderabad, under the same terms and conditions, till filling up the post of Superintendent with the regular employee. Hence, the proceedings dated 09.01.2025 passed by the 2nd respondent is liable to be set aside and it is accordingly set aside.
19. Accordingly, W.P.No.3128 of 2025 is disposed of.
20. In view of the orders passed in W.P.No.3128 of 2025, no further orders are required to be passed in W.P.No.1278 of 2025 and C.C.No.553 of 2025.
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21. Accordingly, W.P.No.1278 of 2025 and C.C.No.553 of 2025 are closed.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
______________________________________ NAMAVARAPU RAJESHWAR RAO, J 05.08.2025 Prv