Nirupa Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Nirupa Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No substantive relief adjudicated; both writ petitions closed with no order as to costs, following withdrawal of the suspension order dated 24.03.2025 and issuance of proceedings dated 07.04.2025 directing the petitioner to report to TSWRDC, Bhongir as Principal.

Issue for consideration

Whether the action of Respondent No.2 in transferring the petitioner's services by way of deputation from Bhongir to Jagityal (480 Kms away) vide Proceedings dated 02.03.2025, without jurisdiction, power or authority under the Bye Laws of the TGSWREI Society, is illegal and arbitrary. +1 more

Ratio / Principle

Since the issue involved in both writ petitions is one and the same, they are disposed of by way of a common order.

Key takeaways

In view of the withdrawal of the suspension order dated 24.03.2025 and issuance of proceedings dated 07.04.2025 by the Telangana Social Welfare Residential Educational Institutions Society, Hyderabad, both the writ petitions are closed, with no order as to costs; the merits of the challenges were not adjudicated.ratio¶48

Detailed headnote1 paragraphs

Service law - Writ Petitions under Article 226 - Common order - Petitioner, Principal, TSWRDC (Women), Bhongir, challenged (i) her deputation transfer from Bhongir to Jagityal (480 Kms away) vide Proceedings Rc. No. TGSWREIS/Zones/O1/2025 dated 02.03.2025 issued by Respondent No.2 Society, alleging lack of competence under the Bye Laws of the TGSWREI Society (competent authority stated to be Vice Chairman/Principal Secretary), and (ii) her suspension vide Proceedings T/DIS/2103/2025_1 dated 24.03.2025, alleging violation of the interim order dated 17.03.2025 in W.P.No.6557 of 2025 and vindictive conduct. On 03.04.2025 the Court required production of withdrawal proceedings. In compliance, the suspension order was withdrawn vide proceedings dated 07.04.2025 (Rc.No.T/DIS/2301/2025) and the petitioner was directed to report to TSWRDC, Bhongir, Yadadri District to assume charge as Principal. HELD: In view of the withdrawal of the suspension order and issuance of the fresh proceedings, both writ petitions were closed; no order as to costs. The Court did not adjudicate the legality of the transfer/deputation or the suspension on merits.

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H|GH COURT FOR THE qiTATE OF TELANGANA AT HYDE RABAD (Speciat Origind rl Jurisdiction)

TUESDAY HE EIGl]ITH DAY OF APRIL TWO THOUSAND AiND TWENTY FIVE

PRES ENT

THE HONOURABLE SRt JUSTTCE ri AMAVARAPU RAJESHWAR RAO WRIT PETITION Nos. 6 57 and 9406 0F 2025

WRIT PETITI ONN0.6557 ot 2025

Between:

Nirupa, Dlo: Narsiing Rao, Aged A ut 45 years, Occ Principal, TSWRDC (Women) Bhongir, Bhongir , ySOaOri hongir District

...PETITIONER

AND

'I . The State of Tela ngana, Rep byitsP hciple Secretary, Schedule Caste Development De partment Secretariat tsuilding, Hyderabad.

2 Telangana Social Welfare Residentia Educational lnstitutions Society,

(F"gOl, Rep by its Secretary, Masab ank, Telugu Samsheka Bhavan,

Hyderabad.

...RESPONDENTS

Petition under Articte 226 of the C{ nstitution of lndia praying that in the circumstances stated in the affidavit fileL therewith, the High Court may be pleased to issue a Writ or order or Directi n in the nature of Writ of Mandamus declaring the action of the Respondeni N 2 in transferring the services of the petitioner 480 Km away from Bhongir to Jagityal vide proc in Rc. No. TGSWREIS/Zo nestOl l2O2S Dated 02.03 025 by way of deputation. The 2nd respondent is not competent authority to is ue deputation orders to the petitioner as she is not-having any Jurisdiction, ower or authority or duties of the secretary for transferring the services of t e petitioner by way of deputation as per the Bye Laws of the TGSWREI Society hich is amended in 2014 under Rule B (A) the competent authority is Vice Chair anlPrincipal Secretary. The action of the 2nd Respondent in Transferring the ervices of the petitioner by way of deputation posting at Jagityal without con nt of the petitioner which is 480 Kms

away is illegal, arbitrary and vioration of principres of naturar justice and arso violation of Article^'14,16 and 21 of the constitution of lndia and also violation of Fundamental Rights. Therefore the Hon'bre court suspend the operation of the 'lst Respondent Proceedings TGSWRE|StZonestoll2o25, Dated. o2.o3.202s consequently direct the 2nd respondent to continue the services of the petitioner as Principal at Principar , TSWRDC (women) Bhongir, Bhongir, yadadri Bhongir District.

lA NO: 1 OF 2025

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the.petition, the High court may be preased to suspend the operation of the 2nd Respondent proceedings in Rc_ No. Rc. No. TGSWREIS/Zonesloll2o2s , Dated o2.03.202s and consequenfly direct the 2nd respondent to continue the services of the petitioner as principar at principar, TSWRDC (Women) Bhongir, Bhongir Yadadri Bhongir District petitioner pending disposal of the writ petition.

Counsel for the Petitioner: SRI KRUpAKAR

Counsel for the Respondent No.1: SRI S. RAHUL REDDY, GP FOR SERVICES III

Counsel for the Respondent No.2: SRI BHANOTHU HUSSAIN

WRIT PETITIO NNO : 9406 OF 2025

Between:

Nirupa, D/o: Narsiin ' (Women) Bhongir, B^{g Rao Aged About45 years,Occ. princrpal, TSWRDC} hongir, Yadadri Bhongirbistrict

...PETITIONER

AND

1 The State of Telangana, Rep by its_prhciple Secretary, Schedule Caste Development Department Sbcr'etariat euiidhg, Hvd;ijbao

2 Telanoana social werfare Residentiar Educqlionar lnstrtutions society, (.Regd), Rep by its Secretary, Masab Tank, tefugu"simsheta Af;v;i, Hyderabad.

...RESPONDENTS

Petition under Article 226 ol lhe Qonstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or Dire ction in the nature of Writ of lVlandamus declaring the action of the Respo nq ent No. 2 in issuing proceedings TlDtsl2103t2o25-.1. Dated 2a-B_2o2s ptl acing the petitioner under suspension which violates this Hon'ble Hiqh Court d )rders in w.p.no. 6557 of 2025, dated 17.03.2025 wherein Hon,ble High Court dil rected the 2nd Respondent to continue the services of the petitioner as principal, fSWROC (W), Bhongir but whereas the 2nd Respondent instead of complyin the Hon'ble Court Orders the 2nd Respondent placed the petitioner un er suspension it appears the 2nd Respondent is avenging and hounding he petitioner because the petitioner already approached the Hon'ble High Cdurt for seeking Justice on her illegal deputation , though the 2nd Respond entl is not a competent authority to take disciplinary action as per the Bye_Laws of e TGSWRET Society under Rule 8 (a) the competent authority is Vice Ch rman/Principal Secretary. The 2nd Respondent exercised her powers with ut having any Jurisdiction, power, Authority or Duties of the Secretary to pla the petitioner under suspension which is illegal, Arbitrary, Violation of principles oif Natural Justice and also Violation of Article 1 4,16 and 21 ot the Constitution of I riOia anO also Violation of Fundamental Rights, placing the petitioner under suspinsion to demonstrate the vindictive attitude of the 2nd Respondent. Therefore his Hon'ble Court may be pleased to suspend the operation of the 2nd Respon ent proceedings T/DtS/21 03/2025_1, Dated 24-03-2025 consequenfly direct th 2nd. Respondent to re-instate and continue the services of the petitioner as pri cipal TSWRDC (W), Bhongir.

IANO:1OF2 025

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 suspend the operation of the 2nd Respondent proceedings in TlDlsl21o3l2o2s-1 , Dated 24-03-2025, consequenfly direct the respondent to reinstate and continue the services of the petitioner as principal rswRDC (w), Bhongir pending disposal of the writ petition.

Counsel for the Petitioner: SRI KRUpAKAR Counsel for the Respondents: ADDITIONAL ADVOCATE GENERAL The Court made the following: COMMON ORDER

THE HON'BLE SRI JUSTICE NAMAvilnepu RAJESH1VAR RAO I tryRIT PETITION Nos .6557 nd 94O6 of2025

COMMON ORDER:

Since the issue involved in both tlrese writ petitions is one and the same and are disposed ofby way ofi:ommon order-

Heard Mr. Krupakar, learned counsel appearing for the petitioner and Mr. S.Rahul Reddy, arned Special Government Pleader appearing for the responden,: Perused the material on record.

The case of the pdtitioner is tlhat she was appointed as Principal in the Degree College (Wome!r) in TGSWREI Societ5r vide I Proceedings dated 12.03.2018 and po]sted to TSWRDC (Women), Mahindra Hills, Shameerpet, Hydera ad. Thereafter, she was transferred to different Degree Colleges in respondent No.2-Society and has been discharging her duties wi out any remarks. While so, respondent No.2, without any au ority transferred her on deputation from Bhongir to Jagtial, w ch is 48O Kms away from Bhongir vide Proceedings dated O2.O3.2 25. Aggrieved by the same, she lrled W.P.No.6557 of 2025. This Co rt, vide interim order dated 17.O3.2O25, directed respondent No.2 continue the petitioner as Principal, TSWRDC (Women), Bhongir. t is further submitted that respondent No.2 instead of complyi g with the order dated

I

2

17.O3.2O25, passed by this Court in W.P. No.6557 of 2025, placed the petitioner under suspension vide Proceedings dated 24.O3.2025. Aggrieved by the same, the petitioner hled W.P.No.9406 of 2025.

This Court, on O3.O4.2O25 in W.P.No.94O6 of 2025, directed the learned Special Government Pleader to produce the proceedings relating to the withdrawal of the suspension order, failing which, respondent No.2 shal1 appear before this Court for clarification regarding the suspension order.

In compliance with the orcler dated O3.O4.2O25, the learned Special Government^'Pleader has produced proceedings dated 07.O4.2025 vide Rc.No.T/DIS l23Ot l2025 issued by the Telangana Social Welfare Residential Educational Institutions Societ5r, Hyderabad, before this Court, wherein it is stated that the suspension order dated 24.O3.2025 had been withdrawn and vide proceedings daLed 07 .O4 .202 5 in Rc. No.TGSWREIS / Z ones / O I / 2025, the petitioner was directed to report to TSWRDC, Bhongir, Yadadri District, to assume charge as Principal, relieving Smt. Ch.Sarada from in-chargc duties.

Having considered the submissions made by learned counsel for the parties and in view of withdrawal of the suspension order dated 24.03.2025, ernd issuance of proceedings dated 07.O4.2025 bv

t

3

the Telangana Social Welfare Residerttial Educational Institutions Society, Hyderabad, both the Writ Peti 4ions are closed. No order as to costs

As a sequel, miscellaneous appiications pending, if any, in these Writ Petitions, shall stand closed.

SD/. M. OSMAN ALI BAIG S TANT REGISTRAR

//TRUE OPYII

SECTION OFFICER

To, 1 One CC to Sri Krupakar, Advocate loPUCl 2 Two CCs to GP for Additional Ad ate General, rg h Court for the State of Telangana. [OUT] 3 Two CC to The GP for Services-lll, igh Court for the State of Telangana, at Hyderabad[OUT] 4 One CC to Sri Banothu Hussain, Ad cate[OPUC] Two CD Copies TJ a GJ

HIGH COURT

DATED:0810412025

1:: I ..r<br>ot
'l'.<br>' 12AIJEM
t.

COMMON ORDER

WRIT PETITION Nos.6557 and 9406 of 2OZs

CLOSING THE WRIT PETITIONS

WITHOUT COSTS

9C
&

Procedural history

How this case reached the court

AI extract

Order under challenge
(i) Proceedings Rc. No. TGSWREIS/Zones/O1/2025 dated 02.03.2025 issued by Respondent No.2 transferring the petitioner on deputation from Bhongir to Jagityal (480 Kms away); and (ii) Proceedings T/DIS/2103/2025_1 dated 24.03.2025 placing the petitioner under suspension, both challenged as illegal, arbitrary and beyond the issuing authority's competence under the Bye Laws of the TGSWREI Society.¶16
Respondent No.2 - Telangana Social Welfare Residential Educational Institutions Society (Regd) · 02.03.2025 (deputation transfer); 24.03.2025 (suspension)
Prior proceeding
Petitioner appointed as Principal in the Degree College (Women) in TGSWREI Society vide Proceedings dated 12.03.2018 and posted to TSWRDC (Women), Mahindra Hills, Shameerpet, Hyderabad.¶39
Prior proceeding
Thereafter transferred to different Degree Colleges in respondent No.2-Society; discharged duties without any remarks.¶39
Prior proceeding
Transferred on deputation from Bhongir to Jagtial (480 Kms away) vide Proceedings dated 02.03.2025; aggrieved, she filed W.P.No.6557 of 2025.¶39
Prior proceeding
Interim order dated 17.03.2025 in W.P.No.6557 of 2025 directing respondent No.2 to continue the petitioner as Principal, TSWRDC (Women), Bhongir.¶39
Prior proceeding
Instead of complying with the interim order, respondent No.2 placed the petitioner under suspension vide Proceedings dated 24.03.2025; aggrieved, she filed W.P.No.9406 of 2025.¶42
Prior proceeding
By order dated 03.04.2025 in W.P.No.9406 of 2025, the learned Special Government Pleader was directed to produce the proceedings withdrawing the suspension order, failing which respondent No.2 was to appear before the Court for clarification.¶43
Prior proceeding
In compliance, proceedings dated 07.04.2025 (Rc.No.T/DIS/2301/2025) withdrawing the suspension order, and proceedings dated 07.04.2025 in Rc.No.TGSWREIS/Zones/O1/2025 directing the petitioner to report to TSWRDC, Bhongir, Yadadri District to assume charge as Principal, were produced before the Court.¶44