Allowed

G. Madhuri v. The State of Telangana

Telangana HC19 Mar 2024WP/6838/2024

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus declaring inaction on inter-district transfer application illegal and directing allotment on spouse grounds. Court disposed of petition directing respondent to consider representation within four weeks.

What did the court decide?

Direction to respondent No.2 to consider the petitioner's representation dated 24.12.2021 and pass appropriate orders within four weeks.

G. Madhuri Vs The State of Telangana — Service and Employment | Telangana HC (2024)

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[³³⁰¹ I

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lN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO:6838 OF 2024

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Between:

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G. Madhuri, Wo. Rambabu, aged about 26 years, Working as Secondary Grade. Teacher, MPPS Mallapuram, Venkatpuram Mandal, Mulugu District, Telangana State

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...PETITIONER

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AND

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1 . The State of Telangana, Represented by its Chief Secretary, General Administration Department, Dr. B. R. Ambedkar Telangana Secretariat, Hyderabad, Telangana State.

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The State of Telangana, Represented by its Principal Secretary, School Education Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad, Telangana State.

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The District Collector, Bhadradri Kothagudem

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The Director of School Education, B -Block,2, Telephone Bhavan Road, Saifabad, Khairtabad, Hyderabad.

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The District Education Officer, Mulugu, Mulugu District.

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The District Education Officer, Mulugu, Mulugu District.

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...RESPONDENTS

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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 issue a writ, order or direction more particularly one in the nature of Writ of Mandarnus declaring the action of the appellate authority in not disposing the appeal filed by the Petitioner daled 2411212021 and reminder appeals dated 1010112022 and 0311112023 for inter district transfer of the Petitioner on spouse grounds from Mulugu to Bhadradri Kothagudem as illegal and arbitrary and violates Article 14, I 6, and 2'l of the Constitution of lndia and consequently declare that the petitioner is entitled to be allotted to the Bhadradri Kothagudem on spouse ground in the interests of^justice.

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IANO:1OF2 024

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the p"iition, lne Hign court may o" f6r.uo to issue an interim direction directing rhe Respondent tio. 4 to ro rt-(witr iilp"." "r the appeal fired by the^petitioner dated 24r12t2021 and reminder "pp"rr. o"t"o 1010112022 and 03/1 112023 forlhwith pending disposal of the above Writ-p"tit,on.

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counsel for the Petitioner: Ms. LAKSHMT pRlyA REPRESENTING FoR SRI P.V. RAMANA

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Counsel for the Respondents: Gp FOR SERVICES

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PIILLA KARTHIK

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WRIT PETITION N0.6838 0F 20/24

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ORDER:

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This Writ Petition is filed under Article 226 of

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Constitution of India seeking the following retief:

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"...fo issue a utit order or direction more particularlg one in tLe nqture of Writ of Mandamus declaing the action of th.e appellate authoritg in not disposing tLe appealfited bg the petitioner, dated 24/ 12/2021 and. reminder appeals, dated 10/01/2022 and 03/ 11/2023 for inter district transfer oftLw petitioner on spouse grounds from Mulugu to Bhadradi Kothagudem as illegal, arbitrary and uiolates Article 14, 16 and 21 of the Constitution of India and. consequentlg declare that the petitioner is entitled to be allotted to the Bhadradri Kothagudem on spouse ground in tle interests of justice and to pass..."

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Heard Ms.Lakshmi Priya, learned counsel representing Sri P.V.Ramana, learned counsel appearing on behalf of the petitioner and learned Government pleader for Services appearing on behalf of the respondents.

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l,earned counsel for the petitioner submits that the petitioner was initially appointed as Secondar5r Grade Teacher on 24.72.2019 and was posted at MppS, Mallapur at Venkatapuram Mandal, Mulugu District. After issuance of Presidential Order, 2018, the Government issued

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G.O.Ms.No.317 General Administrative Department, dated 06.12.2027 prescribing modalities for allotting the employees to new local cadres. Since, the husband of the petitioner is working at Bhadradri Kothegudem District, the petitioner has submitted her application to consider her case for allotment to Bhadradri Kothegudem District on spouse grounds. But, respondent No.5 without considering the same, allotted the petitioner to new local cadre i.e., Mulugu District. Therefore, the petitioner has submitted representation/ appeal on 24.12.2021 enclosing spouse certificate before the respondent No.2 with a request to a-llot her to Bhadradri Kothegudem District. Thereafter, the petitioner has also filed two reminder applications, dated lO.Ol.2O22 and 03.1I.2O23 but no action has been taken so far. Hence, learned counsel prayed this Court to direct respondent No.2 to consider the representation/appeal of the petitioner, dated 24.12.2021 and pass appropriate orders, at the earliest.

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l,earned Government Pleader appearing on behalf of respondent No.2 submits respondent No.2 will consider the representation of the petitioner, dated 24.12.2021 and pass appropriate orders, in accordance with law.

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Having regard^{to the submissions made by the learned} counselfortherespectiveparties,withoutgoingintothe merits of^{the case, the Writ Petition is disposedof with a} direction^{to respondent No'2 to considerthe representation of} the petitioner,^{dated 24.|2.2021and pass appropriate orders,} strictly in^{accordance with law, as expeditiously as possible'} preferably^{within a period of four (04) weeks from the date of} receipt of^{a copy of this order and communicatea copy thereof} to the petitioner.^{There shall be no order as to costs'}

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Miscellaneous^{petitions pending'ifany' shall stand}

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closed.

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SD/. K.SREERAMA^MURTHY ASSISTANT^REGIS

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/TTRUE COPY//

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SECTION^OFFICER

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to'',. ,n" Chief Secretary, General Administration Department' The State of Telangana,^{Dr. B. R. ffid;'iii;;i;i;ngjni sec'etariat'Hvderabad'} Telangana^State.

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Telangana^State.

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1. The Principal The Principal Principal^{Secretary, School Education Departrnent' The Stateof}

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The Principal The Principal Principal^{Secretary, School Education Departrnent' The Stateof} ' i;ilsili D; B.ti. i"ba6;'r"i;;d;" Se6retariat' Hvderabad'^relansana State. .

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:r ini'riistrict ini'riistrict^{Collector,Bhadradri Kothagudem} -

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:r ini'riistrict ini'riistrict^{Collector,Bhadradri Kothagudem} - ; +il; 6i;;;i;, JSir,oor^{EJ;;il;,'B-Bi"&'2' rerephoneBhavan Road'} '' Saifabad' Khairtabad, Hvderabad'

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s iruT';i,i;iil;;tid^{cirficer, Mulusu, Mulugu District'}

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i ixi^{sl3,.3t"xlFlruqrm!l,1{I3:.EisPuDistr ct}

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i,iiE 6ddi"-c'i'roR^{SiRnt6tS,Hish Ctiurt forihestateof relansana'} tourl

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Two CD Copies BN

GJP

HIGH COURT

DATED: 1 9 10312024

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ORDER

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WP.No.6838 of 2024

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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS ag*'&W

G. Madhuri v. The State of Telangana

Case brief

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G. Madhuri v. The State of Telangana

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