Disposed

Visually Challenged Employees Association Telangana, v. The State of Telangana

Telangana HC12 Feb 2025WP/20036/2018

Case brief

AI extract

What is this about?

The High Court on a plea of illegal allocation of priority to visually challenged employees, relied on an existing interim order in a related case (W.P.No.18954 of 2024) to dispose of the current Writ Petition. The Court directed the Principal Secretary, Finance to consider the petitioners representation dated 24.07.2024 strictly in terms of Section 20(5) of the Rights of Persons with Disabilities

What did the court decide?

Directed Respondent No.2 (Principal Secretary, Finance) to take a decision on the petitioners letter dated 24.07.2024 strictly in terms of Section 20(5) of the RPwD Act, 2016.

Visually Challenged Employees Association… — Pension and Retirement Benefits | Telangana HC (2025)

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[³³⁰¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 200 36 0F 2018

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Between:

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1 Vilually Challenged Employees Association Telangana, Rep. by its president S.Gang-a_dh-ar S/o Brahmanandam, age 42 years, Occ.Leiturei, R/o euarter No C-168, Malakpet Colony, Hyderabad.

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2 S.Gang_a_dhar, S/o Brahmanaridam, age 42 yea$, Occ. Lecturer, R/o euarter No.C-168, Ivlalakpet Colony, Hyderabad.

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...PETITIONERS

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AND

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The State of .Telangana, Rep. by its principal Secretary, School Education, Secretariat Buildinqs, Hyderabad.

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Ihg^{Sjgle of} .Telang:rna,^Rep, !y^{jt9 Principat Secretary,Finance (HR.t.pLG&} Polrcy) Department, Secretariat Buildings, Hyderabad.

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3 The Director of School Education, TelanqanS. Hvderabad. 4 The District Collector, Hyderabad Distric[at Hyd6rabad. 5 The District Collector, Gbdwal Jogulamba Disfrict at Gadwal. t) The District Educational officer, Gadwal Jogulamba District at Gadwal.

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...RESPONDENTS

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Petition under Articte 226 of the Constitutjon 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 or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in putting the 3rd priority to lhe members of the petitioner (visually challenged employees) society in column No.lll, for consideration of options instead of prlority criteria as 1st place in GO.Ms.No.6'1 , dated 24-05-20'18, is illegal, arbitrary and in violation of Articles 14, 15 of constitution of lndia besides Telangana Teachers (Regulation of rransfers) Rules, 2018 and consequently direct the respondents to give first priority in transfers and posting of the members of the petitioners society (visually challenged persons) by considering the pelitioners representation dated 07-06-2018

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lA NO: 1 OF 2018

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Petition unrler S er;tion 151 CPC^prayi;rg that in the^{circu nst,ance s statedin the} affidavit filed in s rppcr: of the^{petition, the HighCourt may ber pk:ase 1 to direct the} respondents to^{giv',: 'i-st priority in transfers and postingcl thr:mr rmbers of the} petitioner's socie:y ('isJally challenged^persons) by^{consic er} ng^tl e^petitioner's representation da:e I t l''06-2018,^pending disposal^{of the abovew'it pt'tition}

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Counsel for the Peliti,:ner: SRl. M.A.K. MUKHEED

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Counsel forthe Resp,rndents: GP FOR SERVICES^I

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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lIIRIT PETITION No. 20036 0F 2018

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ORDER:

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This Writ Petition is hled under Article 226 of Constitution of

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India seeking the following relief

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'...ro issue an appropiate Writ, Order or direction more particularlg one in the nature of Wit of Mandamus declaing the action of the respondents in puttitlg the 3,,1 pioritA to the members of the petitioner (visuallg challenged emplogees) societg in column No.III, Jor consideration of options instead of pioitg citeia os 1't place in GO. Ms.No.61, dqted 24.O5.2018, is illegal, orbitrary and in uiolation of Articles 14, 15 of Constitution of India besides Telangana Teacheirs (Regulation of Transfers) Rules, 2018 and consequenttA direct the respondents to giue fi.rst pioritg in transfers and posting of the members of the petitioner's socrery (visuallg challenged persons) bU consideing tLe petitioner's representation dated 07.06.2019 and to pass... '

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Heard Sri M.A. K.Mukheed, learned counsel for the petitioners; learned Government Pleader for Services-I for respondent Nos. 1 and 3 to 6; and learned Government pleader for Services-lll for respondent No.2.

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Learned counsel for the petitioners submits that in similar clrcumstances, W.P.No.18954 of 2024 was filed before this Court and this Court passed interim order on 22.07.2024. The operative portion of the said order reads as under:

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"Having regard to the submissions made by learned counsel for the petitioner, there shall be an interim direction to the respondents to consider the representation of the petitioner dated 15.07.2024, and pass appropriate orders thereon, as expeditiously as possible, strictly in accordance with law and in terms of Section 2O(5) of the Rights of persons

with DLs;rrbilities Act, 2016, and^{communicatea ( opy thereof} to th.r lnr'.itioner."

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Loa rnec counsel further^{submitsthat in pttrsrl .rnce of the} said orlr r, r:spondent^{No.4therein has adrlresseda letter to} responde")t I'1o.2 therein^{uide Lr.No.CIDl126} l')O2'l^{SF RVICES-lll,} datecl 2 4 A'7^',\O24 to take a^{policy decision r"itl- rt:'.{ard to the} transfer r I l)i sabled^{Employees and to issue slt: ta [:'le o dcrs in the} matter ar Ld lre same^{was pendingconsideratic'n. Th :refore, this} Cour[, .rirle older dated^{23.O8.2024,has directed resp,rndentNo.1} therein .o ake appropriatc decision^{on thele t.ter, dated} 24 .O7 .2O^).4 Since, the^{petitioners hereinsl arLrl ol Ilhe same} footirrg arl tL,Ll of the^{petitioner in W.P.No.189-'4of '2( 24, learned} counsel 1 ra1s; this Court^{to pass simiiar orderLn tl'rc prescntWrit} Petition a lsrr

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Thc i:lrove made submission^{is not seriotrsll'c1is1uted by the} learned⁽ o.t,r'nment^{Pleaderfor the respondents'}

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Irr t'it:rl of the above and for^{the reasol-rsalil<e n t.he order} dated 23 Oi1^'.1024 passed by this^{Court in W.I).No.18c-54of 2024,} this Writ P,::ition is disposed^{of directing resp:nclentrlo.2 to take} approp^'ir Lte clecision on the^{letter addressed ':v (]om nissionerof} Intermt:dia1 r Education,^{Telangana, uide Lr No CIh,/126/2024'} StrRVlOF S It', dated 24.O7.2024,^{strictly in teims; of ! ection2O(5)}

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oI the Right to Persons with Disabilities Act, 2016, as expeditiously

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as possible.

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Miscellaneous petitions pending, if any, shall stand closed.

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There shall be no order as to costs.

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SD/. A. SRINIVASA REDDY STANT REGISTRAR

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