Adaboina Vijayabhaskar Reddy Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

Adaboina Vijayabhaskar Reddy Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of on merits: respondents directed to dispose of the petitioner's appeal dated 30.12.2021 (against the allotment order dated 28.12.2021 allotting new local cadre Zone-IV Bhadradri) in accordance with law in conformity with the principles of natural justice within four (4) weeks from receipt of a copy of the order, and to communicate the decision to the petitioner; no order as to costs; miscellaneous applications, if any, pending, stand closed. The legality of the allotment itself was left to the appellate authority.

Issue for consideration

Whether the order of allotment issued to the Petitioner vide proc.no.HM/IN/ZIVISATA/0001, dt.28.12.2021, is wholly illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India read with the Presidential Order issued vide G.O.Ms.No.317, dt.06.12.2021, and whether the Petitioner ought to be allotted to Zone-III Karimnagar as opted by him. +1 more

Ratio / Principle

The writ petition is disposed of on merits, directing the respondents to dispose of the appeal preferred by the petitioner before the appellate authority on 30.12.2021, aggrieved against the allotment order dated 28.12.2021 allotting the new local cadre Zone-IV Bhadradri, in accordance with law in conformity with the principles of natural justice, within a period of four (4) weeks from the date of receipt of a copy of the order.

Key takeaways

The respondents shall duly communicate the decision on the said appeal to the petitioner; however, there shall be no order as to costs.ratio¶82
Miscellaneous applications, if any, pending shall stand closed.ratio¶83

Detailed headnote1 paragraphs

Service Law (Telangana) - Local cadre allotment under the Presidential Order (Article 371-D) and G.O.Ms.No.317, General Administration (SP.F-I) Department, dt.06.12.2021, undertaken after creation of new districts - Petitioner, a Sample Taker appointed in 1992 in the Water Quality Monitoring Laboratory, Karimnagar District (erstwhile local cadre Karim Nagar), opted for Zone-III Karimnagar but was allotted new local cadre Zone-IV Bhadradri by respondent No.2's order proc.no.HM/IN/ZIVISATA/0001, dt.28.12.2021, alleged to be contrary to the guidelines under G.O. Ms. No. 317 and violative of Articles 14, 16 and 21 - Appeal dated 30.12.2021 before the appellate authority remained undecided despite this Court's interim order dated 10.02.2022 in I.A. No. 1 of 2022 (recording the remedy under Regulation 27 of the guidelines and directing a decision in accordance with law) - Held, disposing of the writ petition on merits: respondents directed to decide the pending appeal in accordance with law, in conformity with the principles of natural justice, within four (4) weeks and to communicate the decision to the petitioner - No order as to costs; miscellaneous applications closed. The validity of the allotment itself was not adjudicated but left to the appellate authority.

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a32s21

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

MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE MRS JUSTICE^{SUREPALLI NANDA}

WRIT PETITION NO: 7221 OF²⁰²²

Between:

Adaboina Vijayabhaskar Reddy, S/o.^{A. DharmaReddy,Age 55. yrs'} Occ. Sampl6^-taker R/o.Flat No.^{203, VGS Apartment'} -^{Road No.'10} Ramchandiapur Colony, Bhagathnagar Colony,^{Karimnagar - 505001}

...PETITIONER

AND

1 The State of Telangana, Rep by^{its Prl. Secretary, Medical andHealth} Department, Secrefariat at B.R.K Bhavan,^Hyderabad.

The Director of lnstitute of^{PreventiveMeiicine, PH Labs, Food (Health)} Admn, Government of Telangana.^{Narayanguda,Hyderabad - 29}

The District Collector, Warangal^District.

The District Collector,^{Karimnagar District}

...RESPONDENTS

Petition under Article 226 of the^{Constitutionof 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,moreparticularly one in the} nature of writ of mandamus^{by declaring that the order of allotmentissuedto the} Petitioner vide^{proc.no.HM/lN/Z|VISATA/0001,d1.28.12.2O21,is whollyillegal,} arbitrary, unconstitutio nal^{and violative of Article14, 16 and 21 ol lhe Constitution} of lndia read with^{Presidentialorder issued vide Go.Ms.N0.317,dt.O6.12.2021} instructions and^{guid'elinesissued thereunderandconsequentlydirect the} Respondents to allot the Petitioner to^{Zone lll Karimnagar as optedby the} Petitioner in terms of the^{presidentialorder in the interest of justice.}

lA NO: 1 OF 2022

Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed in support of the^{petition, the High courtmay be pleased to direct} the Respondents to examine^{the representation/appea Isubmitted by them} dt.3o.12.2021 for^posting and^{joiningat the allotted place pending disposal of the} writ petition.

Counsel for the Petitioner:^{SRI AVADESH NARAYAN SANGHI}

Counsel for the Respondents:^{GPFOR SERVICESll}

The Court made the following:^ORDER

I :

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:

HON,BLE^{MRS. JUSTICE SUREPALLI NANDA} R P o No 2 OF o2

ORDER:

Heard Sri Avadesh^{Narayan Sanghi,learned counsel} appearing^{on behatf of the petitioner and the learned} GovernmentPleaderforServices-Ilappearingonbeha!fof the resPondents.

2 TheDetitio^er ooroachedth^{sCourtseekino} he oraver^{as under:}

t'....to issue an appropriate writ order or direction,^{more particularly one in the nature of writ of} mandamus by^{declaring that the order of allotment} issued to the Petitioner vide proc.no.HM/IN/ZIVISATA/0001,^{dt'28'12'2021'is} wholly illegal,^{arbitrary,unconstitutionaland violative} of Article^{14, 16 and 2l of the Constitution of lndia} read with^{Presidential OrderissuedvideGO'Ms'No'317'} dt.06.L2.2021^{instructions and guidelines issued} thereunder^{and consequently directthe Respondentsto} allot the^{Petitionerto Zone III Karimnagar as opted by} the Petitioner^{in terms of the presidentialorder in the} interest^{of justice and} Pass...."

The case. of^{the petitioner,in brief, is that the petitioner} was appointed^{as a Sample Taker in 1992 in the Water Quality}

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SN,J W.P.No.7221._2022

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Monitoring Laboratory, Karimnagar District. pursuant to G.O.Ms.No.317 and the presidential Order (Article 371_D), the Government undertook a cadre allotment exercise following the creation of new districts. Despite opting for Zone_III, Karimnagar his erstwhile district with existing vacancies, the petitioner was arbitrarily allotted to Zone_IV Warangal District, contrary to the guidelines under paras 73, 14, and 27 of G.O. Ms. No. 317. Though the petitioner submitted a detailed representation on 30.72.202L, the grievance oF the petitioner as on date remains unaddressed' Aggrieved by the same, the petitioner filed the present writ petition.

PER USE D TH E R ECo D:

A) The releva nt ortlonot th e rder of this Court dat 10.o2.2o22 pa ssed In I.A o. I of 2 22 n the res entwrit ta r e n r

,'Heard learned to'ntu' for the petitioner, rearned Government o,a - I I a p p ea ri n s ror respon d e n,. u n o o" rrurl:T:'.:.Ti:es P t a t e a leo n o o 1t t n r a h a t u ho

-ffid

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SN,J W.P.N0.722! 2022

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on3 o.12.2(J21 and the said aDDeal is De ndino consideration.

Since it is admitted that the petitioner hes already availed the gemedy. as provided under Regulation 27 of guidelines issued under G.O.wis.No:317 General Administration (SpF -I) Department, d1.06.12.2021, oendinq further orders, he on are cte nsi he da on efo 13.O 4.2022. a acco rda ce with Iaw."

B) The releva nt ortion of the oroceedinos of the s on o Dir fDe en stitut fP ntiv Medi v P N HM/INlztvt SATA/Ooo1, dt.28.1 2.2021 issued to the Detit oner herei n is extra d hereunder:

"In pursuance of the provisions contained in Paragraph 4 of the Telangana public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018, the Order and Guidelines issued in the reference 2nd cited and the allotment made by the Committee authorized by the Government, the following allotment is ordered.

Employee Name : VIJAYA BHASKAR REDDY ADABOINA

Employee ID

:1505404

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SN,J W.P.No.7227 2022

Employee Mobile Number i 8247767667 Designation : Sample taker (Local Cadre) Erstwhile Local Cadre : Karim Nagar Allotted New Local Cadre : Zone-IV Bhadradri

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ou e di d r ort e oc c nti ed ov 3 a from issue of orders.,,

DISCUSSIONA ND coNCLUSI N:

Learned counsel appearing on behalf of the petitioner submits that, in spite of the clear and specific findings of this Couft in the order dated 10.02.2022 passed in I.A. No. I of 2O2Z in favour of the petitioner, no further orders have been passed by the respondents as on date, duly considering the petitioner,s appeal preferred before the appelrate authority on 30.L2.202r, aggrieved by the allotment order dated 2g.L2.2021, issued to the petitioner.

5 rn A s r ent lea r rtn n b tf fth r on en su its at fl on mavbed lsDo ed ofb vdi rectinq the resD ondents to nsid ddi o r d e

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SN,J w.P.N .7ZZ7 2022

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ron3 2.20 efore ellat rt

urithin a reasonable Deriod.

Learned counsel aDDearano on behalf f the oner d t dis e said s issaon b the I arned Assi tant^{Goverment Pleader aDDeannoon} behalf of the resDon dents.

TAKI G INTO C NSIDERATIO N:

a) The aforesaid facts and circumstances^{of the case,}

b) The submissions^{made by thelearnedcounsel} appearing on behalf of the^{petitioner and the learned} Assistant Government Pleader for^{Services-Ilappearing} on behalf of the resPondents,

c) The allotment order of the^{respondent No.2 dated} 2A.12.2O2L issued to the^{petitioner herein (referred to and} extracted above) and,

d) The order of this Court dated^{LO.O2.O2O22passedin} I.A.No.1 of 2022 in the^{presentwrit petition, which had} not been implemented^{as on date.}

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SN,J W .P .No .7 221- 2022

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The writ petition is disposed of on merits directing the respondents to dispose of the appeal preferred by the petitioner before the appefiate authority on 30.12.2021 aggrieved against the altctrnent order dated 2g.12.2021 issued to the petiHoncr ailotting new rocat cadre Zone_rv, Bhadradri, in acccrdance to taw in conformity with principles of natural justice vrithin a period of four(4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the said appeal to the petitioner herein. However, Hrere sha[ be no order as to costs.

M iscella neous applications, if any, pending shall stancl

closed.

SD/. K.SREERAMA MURTHY ,/ .\ +PUTY^REGTSTRAR ./

//TRUE ,, r r\vr- -\Jr COPY// t r, \ r \ _ _ SECTION OFFICER

To, 1 The Prl lgcretary, A/edical and Health Department, tecretariat at B.R.K Bhavan, The State of Telangana, Hyderabad.

2 The Director of Institute of P-reventivi; Medicine, pH Labs, Food (Health) Admn, Government ofTelanqana. Narayanquda, Hvderabad - 2g

3 The District Collector. Warangal District. 4q The District Collector, Karimnagar District One CC to Sri Avadesh Narayan Sanghi, Advocate tOpUCl

o Two CCs to GP for Services [], High eourt for the Stite of T'elangana, at Hyderabad [OUT]

7 Two CD Copies TJ GJP 6

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I I I I i

HIGH COURT

DATED:1610612025

ORDER

WP.No.7221 of 2022

t oR lHE s 14
T tl 7 iLll 2025
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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