Allowed

Uma Narayan Borbande v. The State of Telangana and 5 Others

Telangana HC15 Jul 2022WP/29349/2022

Case brief

AI extract

What is this about?

The High Court directed the Commissioner of School Education to post the petitioner widow in a nearby school of equivalent status within four weeks, applying a previous bench's view against discrimination among widows.

What did the court decide?

Direction to post the petitioner in a nearby school of equivalent status to her previous place of posting within four weeks.

Uma Narayan Borbande Vs The State of… — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE^{STATE OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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FRIDAY ,THE FIFTEENTH^{DAY OF JULY} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HONOURABLE THE^{CHIEF JUSTICE UJJAL BHUYAN} AND THE HONOURABLE^{MRS JUSTICE SUREPALLI NANDA}

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WRIT PETITI ON NO:^{29345 OF 2022}

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Betwee n:

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Uma Naravan Borbande,^{W/o Late DJagadish,Aged about 52 years'} occ: Lanou'aqe Pandit Grade-ll^{(MPP/ZPP)Hindi,ZPHS Thappetlamorsu,Gattu} Ivlandal, J"ogu'iamba Gadwal^District

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...PETITIONER

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AND

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The State of Telangana,^{Represented by its Chief Secretary, Secretariat} Buildings, Hyderabad.

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The State of^{Telangana, Represented by its Principal Secretary, School} - Education Departmint, Telangana Secretariat, Hyderabad'

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The Commissioner^{and Director of School Education' Telangana State,} Hyderabad.

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The District Educational^{Officer, NilahabubnagarDistrict'}

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The District Educational^{Officer, Jogulamba Gadwal District'}

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The District Educational^{Officer, NagarkurnoolDistrict.}

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...RESPONDENTS

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Petition under Article 226^{of the constitution of lndia prayingthat in the} circumstances stated in the^{affidavitfiled therewith, the High court maybe} pleased to issue an appropriate writ, order^{or direction more particularly one in} the nature of writ of^{N4andamus declaring the impugned conditionin para 22 in} the Appendix to G.o.lr/s. No.^{317 dated 0611212021treatingonly widows} appointed under compassionate^{schemeas special category of employeesand} accommodating on^preferential basis^{regardless of seniority, while excludingall} other widows such as Petitioner^{to the preferential benefitsand allotting her to} district other than her local^{cadreand previous working place- therebydenying}

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,/,

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the petitioner of equal opportunity of being considered under^{special category of} employees as being widow, and the impugned^{initial allotment proceedingsto} Jogulamba Gadwal District vide Proc. No.^{ES/ES MA JOGL/LAPA/O191 dated} 2111212021 and consequential^posting orders side Proc.^No. ES/SC/JOGU/LAPA/0005 dated 06/01/2022 and subsequent^{allocationorder to} Nagarkurnool District vide Proc. No. ES/SC/MANAGA/LAPAH/79^dated 1410212022 as illegal, arbitrary and violative of Articles 14, 16^{and 21 of} Constitutional of lndia and consequently set aside the same^{by further directing} the Respondents to consider the Petitioner, widow employee^{as special category} employee under Para 22 in Appendix to G.O.lVs. No. 317 dated 0611212021^and retain the^petitioner at the^previous working^place of^{ZPHS (Girls)Utkoor,} Narayanpet District or^post her to the nearest clear vacancy at ZPHS Pedhari Pahad, Maddur Mandal, Naayanpet District.

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lA 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 consider the Petitioner, widow employee^{as special} category employee under Para 22 in Appendix to G.O.lrils. No.317^dated 0611212021 and retain the^petitioner at the^previous working^place of^ZPHS (Girls) Utkoor, Narayanpet District or post her to the nearest clear vacancy at ZPHS Pedhari Pahad, Maddur Mandal, Naayanpet District.

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Counsel for the Petitioner : SRl. S KRISHNA SHARMA

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Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION

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Counsel for the Respondent Nos. 2 to 6 : SRI ANDAPALLI SANJEEV KUMAR, SPECIAL GOVT. PLEADER FOR SCHOOL EDUCATION

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The Court made the following : ORDER

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ft^*-

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THE HON'BLE THE CHIEFJUSTICE UJJAL BHTIYAN AND

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THE HON'BLE MRS. TUSTICE SUREPATLI NANDA

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(r.P.No. 29349 of 2022

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ORDER,^p,rr ri, e Ilon'b/e the Chief Jutite Lljjat Blayan)

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Ffuard Mr. S.Krishna Sharma, Ieamed counsel for the

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petitioner and Mr. AndapalJi Sanjeev Kumar, leamed Special Govemment Pleader appearing for School Education Depaltment.

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Petitioner was serving as a Language Pandit (Hindi) In ZPF{S(Gir1s), Utkoor, Naralanpet District. Punuant to G.O.\4s.No.117, dated A6.D.2A21, she was transfered to and posted at ZPF{S(FilX4, Alampur, Jogulamba Gadwal District.

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It may be mentioned that as per Claue 22 of the aforesaid Govemment Order, preference wouid be given to cenain special categories of emplolees to be accornmodated as far as practicable in the place of their choice. Such categories include vridows appointed on compassionate appointment scheme. In the case of the petitioner there is no dispute that she is a widow. However, her husband died before she had^joined service. Of course we find

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that a coordinate Bench of this C-ourt in W.P.No.1l602 o{ 2a22

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)

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had passed an interim order on 16.03.2022 tal<tng a pinafarie view that there can be no discrimination between widows as they forn a single class. If any relaxation has been granted to widows appointed on compassionate ground, such relaxation should be extended to all widows whether appointed on compassionate ground or not.

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At this stage, leamed Special Govemmenr Pleader submits that petitioner has already joined her new place of posting.

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Leamed counsel for the peririoner submits that petitioner would be satisfied if a direction is issued ro rhe respondents to accommodate her in a nearby schooi where she was earlier working.

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In view of the above, we direct respondent No.3 2.e., Commissioner and Direcror of School Education, Telangana, to post the petitioner in a nearty school of equivalent status to ZPFIS(Girls), Utkoor, Naralanpet District. The said exercise shall be carried out within a period of four weeks from the date of receipt of a copy of this order.

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:;3::

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7 \Writ petition is accordinglydiposed of. No costs.

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As a sequel, miscellaneous petitions, pending if any, stand

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¶45

closed

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SD/^.T.SRINIVAS DEPUTY^RGISTRAR //TRUE^COPY// FFICER SECTIO

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To, State^{of Telangan, HYderabad'} 1. The^{ChiefSecretary'.Secretariat Buildings'} DePartment,^Telangana .l ; i;^;;.;"i,ry f ''l:P:l;::""?^t-i::?5: secretariat^st't" :t- :",'?ii;;il oi s"hoor Education,^{Telangana State'} 3. The^{Commissionerano} Hyderabad - ' ''^^^r officer'^{tvlahabubnagar District'} 4 rhe^District Eq"ull:::l;iffi: ;;;r;rnna ca9w3t^District 5 rhe^District Eq':iy:ii Eiiii"', i r"s;urnoor District' ? H: ?i i[^Eif P 5^B E*ffi^{ss+e"f l"'} ""t^{iY' c o u r'i ro r'ih e s'ia'ie} ; ?t-'"tS:il'^{;lHf aEjo'St'ltu totI oN' H is h cou rt ro r the state or} " i"rr.-s,"' at HYderabad [oUTl to.Two^{CD CoPies} 1 t , One^SPareCoPY SB Av--SW

HIGH COURT

DATED:1 5107 12022

ORDER

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WP.No.29349 of²⁰²²

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS

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Uma Narayan Borbande v. The State of Telangana and 5 Others

Case brief

What is this about?

What did the court decide?

Uma Narayan Borbande v. The State of Telangana and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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