Allowed

Dr.M.Rajasekhar v. The State of Andhra Pradesh

Telangana HC26 Oct 2018WP/38499/2018

Case brief

AI extract

What is this about?

This writ petition challenged the non-posts of the petitioner at the new Andhra Pradesh university following state bifurcation. The Court directed the State of Andhra Pradesh to expedite approval of the allocation made by the two university Vice-Chancellors. Additionally, the petitioner was directed to be relieved by the erstwhile university and posted at the Telangana university.

What did the court decide?

Directed Chief Secretary of Andhra Pradesh to ensure necessary orders are passed expeditiously on the final allocation. Directed Dr. Y.S.R. Horticulture University to relieve the petitioner and issue

Dr.M.Rajasekhar Vs The State of Andhra Pradesh — Service and Employment | Telangana HC (2018)

¶1

THE HON’BLE SRI JUSTI CE SANJAY KUMAR AND THE HON’BLE SRI JUSTI CE M.GANGA RAO

¶2

WRI T PETI TI ON NO.38499 OF 2018

¶3

ORDER : (per SK,J)

¶4

The prayer of the petitioner in this case reads as under:

¶5

‘For the reasons stated in the accompanying affidavit, the petitioner pray that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or direction especially one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent-University in not relieving the petitioner as Professor though he was allotted to the 4^th respondent/University, pursuant to the Final Allocation of Personal between Dr. YSRHU and SKLTSHU dated 24-07-2018 as illegal, unconstitutional, contrary to law and opposed to the principles of natural justice, apart from violation of the provisions of the Andhra Pradesh State Reorganization Act, 2014 and consequently direct the 3^rd respondent to relieve the petitioner and consequently direct the 4^th respondent to give posting order to the petitioner forthwith and for such other and necessary reliefs.’

¶6

Sri G.Vidya Sagar, learned senior counsel, appearing for Sri Konda Laxman Telangana State Horticulture University, Hyderabad, and Sri C.Srinivasa Baba, learned counsel, appearing for Dr. Y.S.R. Horticulture University, Tadepalligudem, West Godavari District, would fairly concede that the final allocation of the employees of the erstwhile Dr. Y.S.R. Horticulture University, Tadepalligudem, West Godavari District, was effected by the Vice-Chancellors of the two new universities formed after bifurcation of the combined State of Andhra Pradesh.

¶7

It is significant to note that the Vice-Chancellors of these two universities are none other than the Principal Secretaries of the Horticulture Departments of both the new States. However, we are informed that though the State of Telangana has already approved the final allocation, the Re-organisation Committee constituted by the State of

¶8

¶9

Andhra Pradesh is yet to do so. It is because of this delay on the part of the State in approving the final allocation that each employee of the erstwhile Dr. Y.S.R. Horticulture University, Tadepalligudem, West Godavari District, Andhra Pradesh, is constrained to come before this Court seeking posting at the newly formed universities. It is not open to the State of Andhra Pradesh to delay the finalization of the process of allocation by sitting tight upon the allocation already effected by the ViceChancellors of the two universities.

¶10

The writ petition is accordingly disposed of directing the Chief Secretary, State of Andhra Pradesh, Velagapudi, Guntur District, the first respondent, to ensure that necessary orders are passed upon the final allocation made by the two universities which has been submitted to it for approval expeditiously so as to avoid further litigation being brought before this Court unnecessarily.

¶11

In so far as this writ petition is concerned, there shall be a direction to Dr.Y.S.R. Horticulture University, Tadepalligudem, West Godavari District, to forthwith relieve the petitioner so that he may join the service of Sri Konda Laxman Telangana State Horticulture University, State of Andhra Pradesh. Upon his reporting for duty, the said university shall issue him appropriate posting orders.

¶12

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

¶13

_______________

¶14

______________ M.GANGA RAO,J

¶15

Date:26.10.2018 Note: Issue C.C. today. (B/o) PGS/GJ

¶16

Dr.M.Rajasekhar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dr.M.Rajasekhar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The State of Telangana, Vs Samala Anjaneyulu

S.Sobhanadri Vs Smt. Y.V. Anuradha, I.A.S.

The District Audit Officer Vs G. Swarm Kumari

A. Vijaya Lakshmi Vs Sri Yogitha Rana

K Radha Krishna Vs Dr. J. Yasmin (Incharge)

G. Mrudula Vs The Engineet-in-chief