Disposed

Banoth Raja and another v. The District Collector and 4 others

Telangana HC7 Jul 2022WP/28304/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition and miscellaneous petition filed by rank-holders requesting allotment to the same district based on spouse category rules. The court directed relevant authorities to consider pending representations and pass orders in accordance with law.

What did the court decide?

The writ petition was disposed of; respondents directed to consider representations and pass appropriate orders within six weeks.

Banoth Raja and another Vs The District Collector… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)

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THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 28304 OF 2022

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Between:

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Banoth Raja, W/o, Maloth Sudhakar, aged 30 years, Secondary Grade Teacher (English It/edium), M.P.P.S. Pinapaka, Bhadradri Kothagudem District.

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Ir/aloth Sudhakar, S/o. Chatru, Aged 36 years, School Assistant (Physical Sclence), Z.P.H.S. Co-Education, [t/anuguru, Bhadradri Kothagudem District.

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.,.PETITIONERS

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AND

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1 . The District Collector, Khammam, Khammam District, T.S

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The District Education Officer, Khammam, Khammam District, T.S.

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The Director of School Education, Saifabad, Khairtabad, Hyderabad, State of Telangana.

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The State of Telangana, Rep. by its Principal Secretary to the Government, Education Department, Secretary Building, Hyderabad.

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The State of Telangana, Rep. by its Chief Secretary to the Government, Secretary Building, Hyderabad.

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.,.RESPONDENTS

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Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant appropriate relief more in the Writ of Mandamus under Article 226 of the Constitution of lndia, declaring the action of the Respondents in allotting the petitioner to Bhadradri Kothagudem District by Proceedings No.ES/SC/BHAD/ SEGR/0004 dated 06.01 .2022 and Proc. No.ES/SC/KH/BHAD/SCAS/ 0214 dated 23.12.2021 respectively, instead of allotting the petitioner to Mahabubabad Distrit an posting the petitioners at one place as far as possible in terms of lnstruction No.2'1 of GO Ms No.317 GAD dated 06.12,2O2'1 and without considering the representations dated 25.02.2022, as arbitrary, illegal, discriminatory, malafide insubordination and unconstitutional violating articles 14, 16 and 21 of the Constitution of lndia and contrary to lnstruction No.21 of GO Ms No.317 GAD dated 06.12.2021 issued by the 5th respondent and issue consequential directions, directing the respondents to

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/L:-.

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forthwith allot the^petitioners to Mahabubabad^{District in the cadre of Secondary} Grade Teacher (English Medium) and School^{Assistant(Physical} Science)respectively and post both the^petitioners at once^place as for^as possible in terms of lnstruction No.21 of GO IVs No.317 GAD dated 06.12.2021 , by considering the representations submitted by the^petitioners dated 25.02.2022.

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|.A.NO:1 OF 2022

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondents to forthwith allot the^pbtitioners to Mahabubabad District in the cadre of Secondary Grade Teacher^(English Medium) and School Assistant (Physical Science) respectively and^post both the^petitioners at once place as far as posslble in terms of lnstruction No.21 of GO tt/s No,317 GAD daled 06.12.2021 , by considering the representations submitted by the petitioners daled 25.02.2022, pending disposal of the writ petition.

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Counsel for the Petitioners : SRI.P.V.KRISHNAIAH

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Counsel for the Respondents : GP FOR SERVICES-Il

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The Court made the following ORDER

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I I

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IIOYBt,E SItI .'I,S1'ICI.] K, I-AKSHVIAN

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WRIT PIITII' ION \O .2ti30,1 O b- 2022

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OItr\1. O RDTiI]

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Heard Mr.^p.V. Krishnaiah, learned counsel fbr the petitioners and learned Governrnent prearier tbr Ser-vices - Ir appearing on behalr of the respondcnts.

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2'^'l'hc presenl writ pctition is fired to declare the action o1,the t'espondents in ailotting thc petitioners herein to Bhadradri Kothagudcrn I)istrict, vide procecclings Nos.ES/SC/BHADiSIIGR/ 0004 and f-rS/SC/Kf{/BItAD/SSCtAS/02t4, dated 06.01.2022 and 23.12.2021 respectively instead of allotting them to Mahabubabad District ar one place in tenns of tnstruction No.2l of G.o.Ms.No.3 l7 CAI), datcd 06.i2.2021 and wirhorrt consirJcring rhcir representations datcd 25.02.2022 as il legal.

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S Perusal o I thc record w'.u lcr .cvcar that vide the aforesaid proceedings, dared 06.01 .2022. and 23.12.2021 , respondent No.2 had allotted the petitioners hcrcin to Iihadradri - Jkothagudern District. Thereafter, the petitioners herein have subrnitted representations dated 25.02.2022 to respondent Nos.2 ancl 3 hercin requesting them to allot

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hl ' ,.\ 1, \1,:8lir'i^{.'l :rrl:}

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the^{petitioners herein to Mahabubabadl)istrict by consideringClause} 21^{of G'O'Ms'No'317' dated 06'122021'Despiterece'rvingand} acknowledging^{the said representations' respondent Nos'2and 3 did} not^{act upon it' Therefore'the present writ petition is filed'}

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4' On^{the otherhand' leanred GovernmentPleaderfor Services} - ll,^{would submitthat respondentNos'2ancl 3 will considerthe} representations^{submittedby the petitionersherein on spouse ground} and^{pass appropriate orders in accotdancewith law'} 5'^{lt is relevant to note that as per Clause 2lo1'} G.OMs'No'317'^{dated06'122021as far as practicable'SC' ST} employees^{will be allotted to district Izooal / multi-zonalcadres in} same^{proportion as the allocable working strength that has been} distributed^{among the new district I zonal lmulti-zonalcadres'}

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6 ln^{view of the above' this Writ Petition is disposed of} the^{respondents'more particularly'respondent Nos 2 and 3} directlng der^{the representationsdated 25'02'2022 submittedby the} to consl petitioners^{hereinand passapproprlate orders in accordancewith lau'} consiclering^{the said} rTrade clear^{that while} However.^itts shall l<eep^{in consideration 0l the} representations,^{the resPondcnts}

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KI,.^J -l W.P^{No 28104o12022}

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ort^{behindtheCircular instructionsissued vide Memo} intent^{and purp} issued^{bYthe Chief} 24.\2,202\ No.^{I 655/SPF- ll2)2l'8' dated} of^{emPloYees in newlY} Secretary^{to Government relatingto posting} The^{resPondents shail} allotted^{Cadre under Spouse Catcgory'} of^{six (06) weeks from} complete^{the entireexercise withina period} order^{to the Petitioners} today,^{and communicatethe copy of the} heteln. ,^{if anY, Pending in the} As^{a sequel,the miscellaneous petitions} hall^standclosed Writ^Petittons