Writ petition challenging inaction regarding district transfer for a Hindi Pandit on spouse ground. Court impleaded new respondent to decide application within four weeks.
Writ petition disposed of directing the impleaded Chief Secretary to consider the petitioner's application for transfer and cadre correction within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HrGH couRrt?T I+ED8It[isF TELANGANA (speciai'original Jurisdiction)
THURSDAYTHE TWENTY EIRST DAY_O.FAPRIL "'"''iio'rHousnr'ro AND TWENTYTwo
PRESENT
THE HONOURABLESRI JUSTICE B'VIJAYSENREDDY WRITPETITI ONNO:6107OF2022
BeWeen:
BeWeen: HindiPandit GR ll , R/o F, L1*3,1 *l ; H1"rllllffi H tx?,:'-';fii b13{i ;i *
...PETITIONER
.,.RESPONDENTS
Petitionunder Article 226 ol the Constitutionof lndia praying that in the circumstancesstated in the aff idavit filed therewith' the High Court may be pleased toissueany order'directionor Writ'more particularly in the natureof writ ofmandamusdeclaring the inaction of the Respondents in not considering the representationsmadeby the Petitioner requesting the Petitionerto be allottedto the newly created Ranga Reddy District on accountof her spouse S h amshabad, DeputyCollector,'lnternational Airport' workingas SPecial ReddyDistrictas illegal, arbitrary' bad in law andalso Collectorate,Ranga
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violativeofArticlel4and2loftheConstitutionoflndia,l950andbeingcontrary toG.o.Rt'No.44dlo5,o2.2o19andG.o'Rt.No.70dt07.06'2019issuedby the Governmentof Andhra Pradesh and Telangana and consequently direct the 1st and 2ndResPondents toallot the Petitionerto the newly createdRanga Reddy Districtas a Hindi Pandit, Grade-llA["1 D OR
lA NO: 1 oF2022
petition under Section 151 CPC prayihg) thatin the circumstancesstated in the affidavitfiled in support of the petition, the High Courtmaybe pleased to direct the 1stand 2nd Respondents that the Petitionerbe allottedto the newly createdRangaReddyDistrictinaccordancewithG'o.Rt.No,44dt05,02'2019 andG.o.Rt.No.T0dtoT.06.20lgissuedbytheGovernmentofAndhraPradesh and Telanganapendingdisposal of the above WritPetition'
Counsel for thePetitioner : SRl.VADEENDRAJOSHI
Counsel for theRespondentNo.1: GP FOR EDUCATION
Counsel for theRespondentNos.2,3& 5 : SRI' P'KARTHIK
Counsel for theRespondentNos.4 & 6 : GP FOR REVENUE
The Court madethe following : ORDER
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HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITIO N No.6l07 of 2022
ORDER:
This writ petition is filedaggrievedby inactionof the respondents in consideringrepresentationsof the petitioner whereby a request was made byher thatshe may be allotted to the newly created Ranga Reddy Districton accountof her spouse working as Special Deputy Collector,IntemationalAirporl,at Shamshabad Collectorate,Ranga ReddyDistrictin consonance with G.O.RI. No.44 dated 05.02.2019and G.O. Rt' No.70dated 07.07.2019 issued by the Govemmentof Andhra Pradesh and Telangana respectively.
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petitioner was working in West Godavari District and her husband was working as Deputy Collector in Ranga Reddy District in Telangana. Pursuant to Memo No.9940/SPF&MC/2015 dated 07.08.2017, the petitioner has submitted an application for interstate transfer on spouse ground under G.O.Rt.No.44 dated 05.02.2019. The petitioner was transferred along rvith several others to be posted in the respective districts where spouses rvere working in the Telangana State. The Goven.rment of Telangana State vide G.O.Rt.No.70 dated 01 .06.2019 instructed respondent No.2 the Commissioner and Director" School Education Depafiment, Telangana, to issue posting orders to the individuals mentioned in the list in the respective districts where their spouses are working in Telangana. The details of thepetitioner's husband were mentioned in the adjacent column where thepetitioner's name was shown in the said Govemment Order. Thepetitioner's husband was working in the erstwhile Ranga Reddy District.
(i) Respondent No.3 the District Educational Officer, Ranga Reddy District, vide proceedings in Rc.No.5356lA4l2017 dated 15.06.2019 directed the petitioner to join ZPHS
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Mamidipally, Nandigama Mandal, erstwhile Mahabubnagar District contrary to the proceedings and G.O. Rt. No.70 dated 07.06.2019 in spite of petitioner,s husband working as Deputy Collector and Tahsildar, Srilingampally Mandal, Ranga Reddy District.
(ii) The petitioner made a representation in the month of April 2021, requesting for transfer to ZPHS, Raidurg, Serilingarnpally Mandal, Ranga Reddy District as there were vacancies available and thereby giving effect to the Govemment Orders issued by the Govemment of Andhra pradesh and Telagnana.
(iii) The petitioner submits that she had been erroneously posted to a different cadre despite her being transferred on spouse ground. Respondent No.4 - the District Collector, Ranga Reddy District has issued Letter No.53561A4/2017 dated 24.12.2021 to respondent No.2 bringing into light the injustice done to the petitioner stating that the petitioner rightfully deserves to be in the new local cadres of erstwhile Ranga Reddy District where her
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husband was working in addition to pointing out that G.O.Ms.No.3 17 dated 06.12.2021 is adversely affecting the petitioner as previously she has been eroneously posted in the erstwhile Mahabubnagar District and during allocation ol employees in accordance with G.O. Ms.No.317. the petitioner's erstwhile local cadre i.e. Mahabubnagar District has been considered and is being ailotted to the new local cadre in Jogulamba Gadwal which defeats whole purpose of the petitioner in adopting spouse ground and requesting transfer relinquishing her senioritv and TA/DA claims.
(iv) It is stated that as per G.O. Ms. No.317 dated 06.12.2021, fufther ground on which the petitioner requested for transfer to Ranga Reddy District was that her younger daughter was suffering from brain stroke.
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allotted to the cadre ofMahabubnagarDistrict insteadof Ranga
Reddy District where her husbandwas workingas per G.O. Rt. No.44 dated 05.02.2019 andpassorders thereon in accordance with law within a period of four(4) weeksfrom the date of receipt
ofa copy of this order. No orderas to costs.
As a sequel thereto, miscellaneousapplications, if any,
pending in the writ petition stand cl
SD/.V.KAVITHA ASSISTANTREGISTRAR
/iTRUE COPY// SECTIO ICER
g. oi,rl cc to Sri. P. Karthik, Advocate loPUCl '10.Two CD CoPies
I l. One SPareCoPY -lR J-' lr
HIGHCOURT
DATED:2110412022
?E npn zuu
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ORDER
WP.No.6107of 2022
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DISPOSINGOF THE WRIT PETITI WITHOUTCOSTS
2 issues framed by the court
Whether the respondent must consider the petitioner's application for transfer on spouse ground given erroneous allotment and family health issues.
Whether the Chief Secretary should be impleaded to decide the petitioner's representation regarding cadre and district transfer.
5 provisions across 5 enactments
Hindi Pandit Giri
The State of Telangana, School Education Department
The Commissioner and Director, School Education Department, Telangana
The District Educational Officer, Ranga Reddy District
The District Collector, Ranga Reddy District
The District Educational Officer, Mahabubnagar District
B. VijaySena Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
