Disposed

Vatsala Rathod v. The State of Telangana

Telangana HC18 Nov 2023WP/31879/2023

Case brief

AI extract

What is this about?

A teacher sought a writ declaring her allotment to a non-Agency Area illegal under government orders. The court disposed of the petition at the admission stage, directing respondents to consider her pending internal appeal with a fair hearing. No opinion on merits was expressed.

What did the court decide?

Direction to respondents to consider the petitioner's pending appeal dated 12.02.2022 and pass appropriate orders within four weeks of hearing.

Vatsala Rathod Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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

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SATURDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI

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WRIT PETITION NO: 31879 OF 2023

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Between:

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Vatsala Rathod, D/o. Vinantha Rao, Aged about 41 Years, Occ Secondary Grade Teacher, at Ashram Upper Primary School, Kaddam Peddur, Kaddam Peddur Mandal, Nirmal District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Hyderabad-500 022.

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2 The Commissioner, Tribal Welfare Department, DSS Bhavan, Masabtank, Hyderabad.

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3 The Deputy Director Tribal Welfare, Adilabad District.

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4 The District Tribal Development Officer, Nirmal District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the action of the respondents are not considering the case of the petitioner for allocation from non Agency Area to Agency Area as per the Govt. orders in the present cadre as per the G.O.Ms.No.317, G.A. (SPF-1) Department, dl. 6-12-2021 , is as highly illegal arbitrary, unreasonable, discriminatory and also in violation of principles of natural^justice and also in violation o'f An. 14, 16 & 21 of the Constitution of lndia and declare the same as bad-in-law and consequently direct the respondents to consider the case of the petitioner by re-allotting from Nirmal District non Agency Area to Agency Area i.e. in Adilabad District, in the similar circumstances this Hon'ble Court was pleased to passed final orders in W.P.No. 233',6 of 2023, dt. 23-08-2023.

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lA NO: 1 OF 2023

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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 case of the petitioner by re-allotting from Nirmal District non Agency Area to Agency Area i.e. Adilabad District, by passing orders on the appeal dl. 12-02-2022 made by the petitioner to the 1st respondent, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI C. RAJA SEKHAR REDDY

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Counsel for the Respondents: GP FOR SOCIAL WELFARE

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

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WRTT PETITION N0.31879 of2023

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ORDER:

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This Writ petition is filed seeking a declaration that the action of the respondents in not considering the case of the petitioner for allocation from non Agency Area to Agency Area in the present cadre as per the Government orders in G.O.Ms.No.317, G.A. (SPF-1) Department, dated 06. l2.2O2l as illegal and arbitrar5r and consequently to direct the respondents to consider the case of the petitioner for re-a-lrotting her from Nirmal District non Agency Area to Adilabad District i.e., Agency Area and to pass such other order or orders,

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karned counsel for the petitioner submits that the petitioner was appointed as a Secondary Grade Teacher on 08.06.2001 and was posted to Girijana Vidya Vikasa Kendram, Primar5z School, Koutaguda, Asifabad, Adilabad District. He submits that while the petitioner was working as a Secondary Grade Teacher at Tribal Welfare Upper primar5r School, Mamidiguda, Adilabad District, respondent No. t has issued

'Yry

PMD,J WP.No-31879 2023

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G.O.Ms.No.317, G.A.(SPF-1) Deparrment, dated 06.t2.2O2t, for effecting the allotment of the employees to the newly reorgarrised Districts/Zones/Multizones in their cadres. Subsequent to that, the petitioner was allotted to Nirmal District uide allocation proceedings dated 22.12.2021 and thereafter uide proceedings dated 31.12.2021, the petitioner was posted to Ashram Upper Primary School, Kaddam Peddur, Kaddam peddur Mandal, Nirmal District, which is in the plain area. It is submitted that consequent to the appointment of the petitioner, lhe petitioner was posted and transferred in Agency Area only, but while making the allotment in terms of G.O.Ms.No.3LT, G.A. (SpF-1) Department, dated 06.12.2O2I, she was allotted to non Agency Area. It is submitted that in the case of similar candidates, when they hled appeals, they were re-allotted to Agency Area. He submits that the petitioner has also submitted appeal on 12.O2.2O22 and the same is still pending consideration.

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Learned Government Pleader for Senrices-Il, submits that the respondents would consider the pending appeal of petitioner dated 12.02.2022.

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PMD,J WP.No.31879 2023

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In view of the submissions made by the learned counsel on either side and without expressing any opinion on merits of the case, this writ petition is disposed of, with a direction to respondents to consider the appeal of the petitioner dated 12.O2.2022 and pass appropriate orders thereon by giving a fair opportunit5r of hearing to the petitioner strictly in accordance with law, within a period of four (O4) weeks from the date of receipt of a copy of this order.

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Accordingly, this writ petition IS disposed of at the admission stage. No order as to costs.

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Miscellaneous applications, if any pending, shall stand

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closed.

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SD/-A.V.S.P AD ASSISTANT^REGI

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//TRUE COPY// SECTION FFICER

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to'',. ,n" Principal Secretary, Tribal Welfare-Department' The State of Telangana' ' #ili;;AiBriroinsq' Hvderabad-500o22' 2. The^{Commissioner,i;ii,j W;f;" 6;p,.t,"nt,DSS Bhavan,Masabtank,}

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Two^{CD CoPies} BN GJP

HIGH COURT

DATED:1811112023

ORDER

WP.No.31879 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Vatsala Rathod v. The State of Telangana

Case brief

What is this about?

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Vatsala Rathod v. The State of Telangana

Case brief

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