Telangana High Court
C.Sridevi vs The State Of Telangana on 12 September, 2023
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
I.A.NO.2 OF 2023 IN W.P.NO.15619 OF 2023
AND
WRIT PETITION NO.15619 OF 2023
COMMON ORDER
In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the 2nd respondent in issuing impugned order Rc.No.A/1309/2023 dt.30.04.2023 and allotting the petitioner to the 4th respondent office as illegal, arbitrary and against principles of natural justice and to set aside the same in so far as the petitioner is concerned and to consequently direct the 2nd respondent to retain the petitioner in the 3rd respondent office and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner's husband was working as an SGT in Government School, Kulkacherla, the then Ranga Reddy District. Upon his death, the petitioner was appointed as Junior Assistant on compassionate grounds vide proceedings of the 3rd respondent in Rc.No.A1/960/2011 dt.01.03.2011 in the existing vacancy in his office and since then she is W.P.No.15619 of 2023 2 working in the said office. It is stated that pursuant to bifurcation of the Ranga Reddy District, the petitioner was allotted to Medchal-Malkajgiri District in the year 2016 and joined in the month of October, 2016 vide G.O.Rt.No.282, Backward Classes Welfare (A) Department, dt.11.10.2016 and is working as such and the petitioner's post is a District cadre post. It is submitted that on 30.04.2023, the 2nd respondent issued the impugned proceedings in Rc.No.A/1309/2023 dt.30.04.2023 allotting the petitioner to the office of the 4th respondent. Aggrieved by the same, the petitioner submitted a representation in June, 2023 and the 2nd respondent, instead of considering her representation, deputed her to the office of the 4th respondent for a period of one year. The petitioner submitted that she is one of the senior most Junior Assistants working in Medchal-Malkajgiri District having completed 12 years of total service and though there are several others who were junior to the petitioner, the petitioner has been allotted to Vikarabad District while retaining her juniors, one N.Venkatesh and one E.Laxmi Prasanna and submitted that the petitioner stands at Serial No.5 in the seniority list of Junior Assistants of Medchal-Malkajgiri District, whereas the above mentioned two persons are at Serial Nos.15 and 18 respectively. The petitioner submitted that she is widow having lost her husband at a young age of W.P.No.15619 of 2023 3 37 years and she has the responsibility to take care of her son and aged mother and therefore, she is not in a position to travel due to her health conditions as well.
3. Learned counsel for the petitioner, while reiterating the above submissions, submitted that the petitioner has been allotted to Medchal- Malkajgiri District and therefore, she cannot be transferred out of Medchal-Malkajgiri District and respondent No.4 office is in Vikarabad District and therefore, it is against the Presidential Order, 2018.
4. Initially, this Court, vide order dt.05.07.2023, had granted interim suspension of the impugned order dt.30.04.2023 and thereafter, it was reported that the petitioner was working on deputation in Medchal-Malkajgiri District only.
5. The respondents have filed a counter affidavit along with vacate stay petition in I.A.No.2 of 2023 and it is stated that as per the Presidential Order, 2018, the petitioner has been allotted to Medchal- Malkajgiri District and that the Government has issued orders to redistribute the posts among Senior Assistants/Junior Assistants of Mahabubabad, Medchal-Malkajgiri and Vikarabad Districts in view of exigency of workload and for smooth functioning of the office W.P.No.15619 of 2023 4 administration vide Govt. Memo No.1105/A/A1/2023 dt.29.04.2023 and accordingly, the post of Junior Assistant has been shifted from Medchal- Malkajgiri District to Vikarabad District along with the employee. It is submitted that the petitioner is the senior most amongst the 3 Junior Assistants at Medchal-Malkajgiri District. The other 2 Junior Assistants, i.e., N.Venkatesh and E.Laxmi Prasanna were appointed in August, 2021 and their services are yet to be regularised in the Junior Assistant cadre and also that they do not have experience on all schemes of the Department. It is submitted that there are 526 colleges including Engineering Colleges and Medical Colleges in Vikarabad District and 96 colleges are registered in scholarship and due to more number of colleges, there is heavy scholarship work in the office. Therefore, there was necessity of shifting a post from Medchal-Malkajgiri District to Vikarabad District and along with the post, the petitioner has been shifted to Vikarabad District. It is submitted that this exercise has been carried out purely on administrative grounds warranting no interference by this Court. It is further submitted that the post of Senior Assistant in the office of the District BC Development Officer (DBCDO), Vikarabad District has been shifted to Medchal-Malkajgiri District along with the post and the person working thereunder, i.e., Mr. K.Priyaranjan was W.P.No.15619 of 2023 5 relieved from Vikarabad District on 04.05.2023 and joined in the Office of DBCDO, Medchal-Malkajgiri District on 05.05.2023. It is further stated that though the petitioner was relieved from the duties on 03.05.2023, the petitioner did not attend to her duties and a show-cause notice was also issued to the petitioner on 08.06.2023 as to why disciplinary action should not be taken against her for unauthorised absence and thereafter, on considering the writ petitioner's request to either to retain her at Medchal-Malkajgiri District or to transfer her to Ranga Reddy District instead of Vikarabad District on the ground of her ill-health, she has been deputed from the office of the DBCDO, Vikarabad District to the office of the DBCDO, Ranga Reddy District temporarily for a period of one year and it was directed to give light work in view of her health condition vide Progs.Rc.No.A/1309/2023 dt.13.06.2023. It is stated that despite her request, the petitioner did not report to duty in the office of the District BC Development Officer, Ranga Reddy District, but instead, filed the present Writ Petition.
6. Heard the rival contentions of both the parties and perused the material on record.
W.P.No.15619 of 20236
7. The contention of the learned Government Pleader is that on administrative grounds, the post of Junior Assistant has been shifted from Medchal-Malkajgiri District to Vikarabad District. This Court finds that it is within the domain of the respondents to shift a post from one District to another District according to administrative exigency. However, the respondents cannot shift the employee as well when the said post is a District cadre post. Once a person has been allotted to a particular District, his/her appointment, transfer, promotion, etc., are all to be limited to a place within the District only. If the post has been shifted to another District, the employee of that District can alone be considered for appointment in the said post and the person who was holding the post till the time of shifting has to be accommodated in any other department within the District only. The Presidential Order, 2018 permits the allotment of the cadre as per administrative exigencies, but once the allotment is done, the respondents are required to follow the Presidential Order, 2018 and can transfer the petitioner, if necessary, only within the District.
8. Therefore, the action of the respondents in transferring the petitioner from Medchal-Malkajgiri District to Vikarabad District W.P.No.15619 of 2023 7 cannot be sustained and the impugned order dt.30.04.2023 of the 2nd respondent, in so far as the petitioner is concerned, is accordingly set aside and the respondents are directed to retain the petitioner in the post she was holding prior to the transfer or accommodate her in any other equivalent post in Medchal-Malkajgiri District only. The Writ Petition is accordingly allowed. No order as to costs.
9. Consequently, the vacate stay petition in I.A.No.2 of 2023 is dismissed.
10. In the result, (1) W.P.No.15619 of 2023 is allowed. No order as to costs. (2) I.A.No.2 of 2023 in W.P.No.15619 of 2023 is dismissed.
11. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 12.09.2023 Svv