Telangana High Court
Mohammed Habeeb vs The State Of Telangana on 29 April, 2025
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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.10217 OF 2025
ORDER:
This Writ Petition is filed by the petitioner seeking the following relief:
"... to issue a writ of Mandamus or any other appropriate Writ order or direction by declaring the action the respondents in not considering and transferring the petitioners on Mutual basis to Zone-I (Kaleshwaram) to Zone-IV Bhadradri as vis., a versa respectively in terms of para 5 (2) (c) of the Presidential Order 2018 which provides requests transfers by foregoing the seniority as illegal arbitrary and unconstitutional being volatile of Articles 14, 16 and 21 of Constitution of India apart from para 5 (2) (c) of the Presidential Order 2018 consequently direct the respondents to consider the requests of the petitioners by transferring the petitioners on Mutual basis to Zone-I Kaleshwaram to Zone-IV (Bhadradri) as vis., a versa respectively and to pass..."
2. Heard Sri S.Gopal Rao, learned counsel for the petitioners and learned Government Pleader for Revenue for the respondent Nos.1 & 2. Perused the material on record.
3. Learned counsel for the petitioners submitted that the Govt. have issued G.O.Ms.No.317, G.A. (SPF-1) Department, dt. 6.12.2021, specifying the authorities for allotment of employees among the New Local Cadres and in view of the principles in para 4 of the Presidential Order, 2018. Accordingly, petitioner No.1 has been allotted to Zone-I (Kaleshwaram) and posted in the office of Commercial Tax Officer, Mulugu Circle, Warangal Division and the petitioner No.2 has been allotted to Zone-IV (Bhadradri) and posted to the office of Commercial Tax Officer, Warangal Rural @ Narsampet circle, Bhadradri. He further submitted that after 2 bifurcation of the erstwhile State of A.P. and formation of State of Telangana new Presidential Order i.e. Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018, has been issued. The government have issued G.O.Ms.No.21, G.A. (SPF-I) Department, dt. 02-02-2022 providing Mutual Inter Local Cadre transfers i.e., Mutual transfers between 2 persons holding the petitioners in the same category in the same Department. In continuation of the above said G.O. the Govt. has also issued G.O.Ms.No.245, G.A. (SPF-I) Department, dated 29-11-2024, providing the transfers of employees on mutual basis. Therefore, the petitioner's requests this Hon'ble High Court to consider the transfers of the petitioners on mutual basis.
4. Learned counsel for the petitioners further submitted that petitioner is facing domestic problems as he has to look after his widowed, elderly and ailing mother who is 75 years old suffering from diabetes and she is unable to move without any assistance and has recently undergone heart problem and got a Stunt surgery. The petitioner No.2 is also a diabetic patient and suffers from knee problems because of which she is unable to travel long distances. She is a widow staying alone with no one to look after her, thus she is facing problem in view of situations stated above to travel daily, hence the petitioners have submitted representation to the respondent No.1 on 03-01-2025.
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5. Learned counsel for the respondents submitted that once the mutual transfers are accepted by the government, the petitioner is unable to process the application through the portal. The only mistake made by the petitioner is that the mutual consent transfer is illegal. However, a legal mutual transfer is under consideration.
6. Taking into consideration the submissions made by the learned counsel for both the respective parties, without going into the merits of the case, this Writ Petition is disposed of, directing the respondent authorities to reconsider the case of the petitioner i.e., transfer the petitioners on mutual basis to Zone-I (Kaleshwaram) to Zone-IV (Bhadradri) as vis., a versa respectively in terms of para 5(2)(c) of the Presidential Order, 2018 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.
____________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 29.04.2025 dsv