Allowed

J. Sadaiah v. The Commissioner of Intermediate Education

Telangana HC8 Jun 2023WP/17902/2022

Case brief

AI extract

What is this about?

The High Court in a transfer petition directed the Telangana State Government to appoint the petitioner as a Junior Lecturer in an equivalent college within two months. The court held that the State of Telangana's objection based on the expiration of the disposal time limit was formalistic and not substantive.

What did the court decide?

Direction to respondents No. 1 and 2 to appoint the petitioner in an equivalent post in Telangana within two months from the date of receipt of the order, assisted by Respondents No. 3 and 4.

J. Sadaiah Vs The Commissioner of Intermediate… — Service and Employment | Telangana HC (2023)

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[³³¹¹ ]

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

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THURSDAY,THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO:^'17902 OF 2022

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Between:

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J. Sadaiah, S/o. Raja Komuraiah, Aged 42 yeas, Junior Lecturer in Physics Government Junior College, Rl/o. H.No. 6-6-338/C/1, Sainagar, Road No.4, Karimnagar, Karimnagar Dist. - 505001, T.S.

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...pETtTtoNER

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AND

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1 The Commissioner of lntermediate Education, State of Telangana, Nampally, Hyderabad, T.S.

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2 The State of Telangana, represented by its Principal Secretary to Governmenl Education Department, Secretariat Bldg., Hyderabad, T.S

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3 The Commissioner of lntermediate Education, State of Andhra Pradesh, Viayawada, Krishna District, A.P.

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4 The State of Andhra Pradesh, represented by its Prrncipal Secretary to Government Education Department, Secretariat Bldg., Velagapudr/ Amaravathi' Guntur District' A'P

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..-RES'.NDENTS

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Petition under Article 226 of 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 nature of Writ of I,4andamus under Article 226 of the Constitution of lndia, declaring the action of the Respondents in not effecting the inter-state transfer of the petitioner on spouse grounds from the State of A. P. to the State of Telangana in^pursuance of lhe request made by the 3rd respondent by letter Lr.R.C.NO.Ser-ll-2/SPL/|ST/1612017 daled^1510112019, as arbrtrary, illegal, unconstitutional violating Articles 14, 16 and 21 of the Constrlution of lndia and issue consequential direction directing the Respondents to forthwith effect inter-state transfer of the^petitioner on spouse^groundsfrom the State of A. P. to the State of Telangana in pursuance of the requesl nrade by

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the 3rd respondent by letter Lr. R.C-NO.Ser-ll-2lSPLIlST 11612017^dated 151O112019

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that^{in the circumstancesstated} in the affidavit filed in support of the petrtion, the^{High Court may be pleased to} direct the respondents to forthwith effect rnter-state transfer^{of the petitioneron} spouse grounds from the State of A P. to the State of^{Telangana in pursuance of} the request made by the 3rd respondent by letter^{Lr.R.C.NO.Ser-ll-} 2lSPLllSTl1612017 dated 15-01-2019.^pendrng disposal of the Writ Petition.

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Counsel for the Petitioner: SRl. K.^SRINIVAS

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Counsel for the Respondents No.1&2: SRl.^{M.V.RAMA RAO, SPL. GP}

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Counsel for the Respondents No.3&4: SRl.^P. GOVIND^REDDY , SPL. COUNSEL FOR AP

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The Court made the following: ORDER

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHTTYAN

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AND

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THE HON'BLE SRI JUSTICE N. TUKARAMJI

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WRIT PETITION No. 17902 of 2o22

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ORDER: (Per the Hon'ble the Chief Justrce fl11at Bhuya.n)

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Heard Mr. K.Srinivas, Iearned counsel lor the petitioner; Mr. M.V.Rama Rao, learned Special Gor.ernment Pleader for the State of Telangana representing respondent Nos. 1 and 2; and Mr. P.Govind Reddy, learned Special Counsel for the State of Andhra Pradesh representing respondcnt Nos.3 and 4.

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By filing this petition under Article 226 of the Constitution of India, petitioner has prayed for the following relief:

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"For the reasons stated in thc accompan-l.ing Afltdavit, it is therefore prayed that this Honble I{igh Court may be pleased to grant appropriatc relief more in the nature of Writ of Marrdamus under Artrcle 226 ot the Corrstitution of India, declaring the action of the Respondcnts in not ellecting t1-re inter-state trartsfcr of t]rc pctitiorrer^(rn s[)(,Lrse grorLnds from the State of A-P- to thc SLate o[ Tt'l:rngan:r in prrrsrrance o[ lhe request madc by thc 3.,r rcsponclcnt l;1, lt:ttel l-r. R.C. NO.Ser-ll 2/SPL/lSTl1.6/2017 d:rtecl l5 01 201!). as :rrlritrary, illegal, unconstitutional violating Articles 14, l(r ancl 21 of the Constitution of Inrtia and issue cor-rseqtrt'ntial direction directing the Responclents to forth$,ith cllcct intcr state

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HCJ & NTRJ W.P.No.17902 of 2022

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[r:rnsfcr o1-rhr: ltctiLioler i)]r spousc grounds from the State of A.P. Lo thc State o[ Tcla ganil irr pursuance of the request maclc br' r lte 3,,1 rcsl:x.,nrlcnt by letter Lr.R.C.NO.Ser 11 2/SPL/lS1'/ 16l2()17 clatcd l5 Ol-2O19, and pass such other order or olclers as arc clc,cnrccl fit ald proper in the facts and cilc:rrrnst:ur< cs of tlrc r:asr'^'

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Thus. petitioner sccks a direction to the respondents to transfer thc petiLior-rcr lto\ scrving as Junior kcturer in Physics, Government .Junior Collcgc. \r:rddadi, Visakhapatnam District, to the State of^'lclatrgana on spo use grounds

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4 . It is stated th at in terms of the Presidential Order, 1975, petitioner is ir n.rtivc of Karimnagar District which comes under Zone V- Petitioncr \ as appointed as Junior Lecturer in Physics in Government Jur.rior College, Waddadi, Visakhapatnam District on 17.12.2OO4 ergainst open category post in Zone-I.

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Bc it stated tl-rat 80,2r of the posts of Junior Lecturers were reserved for local c:rnclidates and 2Oo/o were reserved for open categon i.e., lor:al as u e-il iis non-1ocal as per merit. Thus, pctrtioner s'as:rltpointccl on t.lcrit in open category in Zone I

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3 HCI & NTR,I W.P.No.179O2 of 2022

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The composite State of Andhra Pradesh was bifurcated into the ne'"r, State of Telangana arrd the residuary State of Andhra Pradesh in terms ol the Andhra Pradesh Reorganizati on Act,2074 with effect lrom 02.06.2014. Though petitioner is a native of Teiangana State, he continued to serve at Visakhapatnam in the State of Andhra Pradesh

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According to the petitioner, both the States took a joint decision to accept inter-state transfers of employees with regard to certain categorics rvhich included spouse ground. ConsequentlS, both the State Governments issued a circular on 07 .O8.2O17 laying dorvn certair-r guidelines on inter-state transfers between the State of Andhra Pradesh and the State of Telangana uis-a-uis on spouse grounds as rvell as on mutual transfer though time limit for exercising such option was fixed upto 30.06.2018.

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B. According to the petitioner, his wife Padma Encherla is working ars Trainee Graduate Teacher in Maths in Karimnagar District. In thc circumstances, he made a representation in June, 20 1B before both the Governments in terms of the circular dated 07'.OB.2O17 seeking transfer to the State of Telangana on spouse

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H(:J & NTR,] W.P.No.17902 of 2022

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ground. He has asserted that he is eligible for such inter state transfer. Jrcl rssp6ndsnt uide letter dated 15.03.2019 forr,r,arded the request of the petitioner to the l"t respondent. Ho,vever, no decision u.as taken thereon which compelled the pctitioncr to approach this Court and file the present writ petitior-r

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Respondent No.I has filed affidavit staLing that Government of Telangala had examined the proltosal for inter state tralsfer of the petitioner but found thc same not feasible as the tirne limit for disposal of application l-rad expired on 30.06.20 i 9

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On the other hand, respondent Nos.3 and 4 in their :rffidavil have stated that they have no objection to the inter state transfer of the petitioner and adverted to the letter dated 1 5.03 . 20 i 9 fonvarding the case of the petitioner to the State ol Tclangana

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I l. ln the hearing today, Mr. M.V.Rarna Rao, leamcd Spccierl Government Pleader representing the St:rtc of Telang:lta l.irl-r' s,bmits that case of the petitioner \as reiccteci onlr., on the

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HC.I & N'/.R.I W.P.No.17902 of 2022

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! i I

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ground that the time limit for disposal of the^{applicationu'as over} Therefore, Court may consider passing appropriate^order.

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On due consideration, we are of the view that^objection of the State of Telangana is more of form than of^substance Petitioner has expressed his desire for inter-state^{transfer from the} State of Andhra Pradesh to the State of Telangana in^{vteu' of} thc fact that hrs wife is working in the State of Telangana. It is nol^tl-re case that he had made a belated application. That apart, petitioner has no control in what manner ald w'hen his application would be considered either by the State ol^Andhra Pradesh or by the State of Telangana. In such circumstances,^for delaved consideration of the case of the petitioner^bY the^State, petitioner cannot be faulted.

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We therefore direct respondent Nos.l and 2 to^{do the} necdful for appointing the petitioner in^{the post of JuniorLccturer} in Ph-r'sics in an equivalent college in the^{Stateof Telangar-raThe} abor.e exercise sha1l be carried out^within a^{periodol tti'o (O2)} months from the date of receipt of a^{copy of this orcler. N-eedless}

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HCJ & NTR,] W.P.No. 17902 of 2022

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to say, respondent Nos.3 ar-rd 4 shail facilitate respondent Nos.1

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and 2 while carrying out the above cxercise.

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This disposes of tl-re Writ Petition. Hou,ever. there sha11 be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, in this Writ Petitior-r sl.rall stand closed.

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//TRUE COPY'

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SD/.G. SIREESHA ASSISTAryIREGISTRAR seffiru oFFlcER

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To,

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'1. The Commissioner of lntermediate Ed ucation, Nam pally, Hyderabad, T.S. 2. The Principal Secretary to Government Education Department, Secretariat Bldg Hyderabad, T.S.

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Two CCs to SRl.lr/.V. RATUA RAO, SpL. Gp ,High Court for the state of Telangana,at Hyderabad[OUT]

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One CC to SRI.K. SRINIVAS. Advocate IOPUC]

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One CC to SRI.P. GOVIND REDDY, SPL COUNSEL FOR Ap IOPUC]

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Two CD Copies

BM BS\P

HIGH COURT

DATED:0810612023

ORDER

WP.No.17902 of 2022

{\ 1S- sLqT 6
7
ir
1 s it]N 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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J. Sadaiah v. The Commissioner of Intermediate Education

Case brief

What is this about?

What did the court decide?

J. Sadaiah v. The Commissioner of Intermediate Education

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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