Ch. Radhika (Employee Id 2155334) v. The State Of Telangana

[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 7414 OF 2022 Between:

CH. Radhika (Employee lD 2155334), W/o. Kandukuri Vidlasagar,aged about 39 Yeari, Occ. School Assistant (English), Z.P. High School, Rajula Kothapally, Nellikuduru Mandal, Mahabubabad District, Fl/o. H.No' 3-18' Mondiai Post, Kodakandla lvlandal, Jangaon District. PETITIONER AND The State of Telangana, Represented by its Principal Secretary, School Education Department, Telangana Secretariat, Hyderabad. The Commissioner and Diiector of School Education, Government of Telangana State, '1st Floor, C Block, Saifabad, Hyderabad. The Dlstrict Educational Officer, Jangaon, Jangaon District. The District Educational Officer, Mahabubabad, Mahabubabad District. The District Educational Officer, Warangal, Warangal District.

RESPONDENTS 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus a) to declare the action of the respondents in allotting the petitioner to newly formed Mahabubabad District in the process of allotment of cadre to the district as per G.O.Ms. No. 317 Daled. O6-12-2021 instead of Jangaon District without considering her place of education and nativity as is illegal, arbitrary and contrary to the Public Employment (organization of Local cadres and Regulation of Direct Recruitment) order, '1975 and per G.O Ms. No. 124 GA (SPF-MC) Department, Dated. 30-08-2018. b) to declare that the impugned Guide Line 22 of G.O tVls. No.

317, Dated.

of allotment of Employees to new local cadres under Guide Line 22 of G.O Ms. No. 3l7, Dated. 06-12-2021 is contrary to The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and The Rights of Persons with Disabilities Act, 2016 and not considering the employees who is having disability between 40 o/o to 69 %under preferential category in the ensuing process of allotment of Employees to new local cadres is nothing but creating a class with in a class which is illegal, arbitrary and violative Art.

14, 16 and 21 ol constitution of lndia, and the same may be set-a- side and c) to Consequently, declare that the petitioner should belongs to newly formed Jangaon District as per her place of education and nativity as per the Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 and per G.O IVs. No. 124 GA (SPF-IVC) Department, Dated. 30-08-2018 and also declare that the petitioner who is having 40percentage physical disability is a entitle to be consider under preferential category as per The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and The Rights of Persons with Disabilities Act, 2016, and d) to direct the respondents to consider the case of the petitioner for allotment to her native district i.e.

, newly formed Jangaon District in available vacancies of school assistant (English) as per her place of education and nativity/Residence certificate by set-a-side the Allotment Proceeding No. ES/ES/WA/MBBD/SCAS/0462 dated. 22-12-2021 lA NO: 1 OF 2022 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 pass appropriate orders on the appeals Dated. 23-12-2021 Counsel for the Petitioner: SRl. A. V. V. S.

I I THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.7414 of 2022 ORDER:

Learned counsel for the petitioner submitted that after fiting of the Writ Petition, the request of the petitioner for transfer has been accepted and the respondents have posted the petitioner to her native district. Therefore, the petitioner has no further grievance in this matter.

2.

Accordingly, this Writ Petition is closed. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall also stand closed.

SD/- T.JAYASREE ASSTSTANTBEGTSTRAR (4 //TRUE COPY// SECTION.OFFICER To,

1. Two CCs to GP FOR SERVICES lll, High Court for the State of Telangana at Hyderabad [OUTI

2. One CC to SRI A. V. V. S. BHUJANGA RAO, Advocate IOPUC]

3. Two CD Copies BM GJ {t\x

HIGH COURT DATED:1611012023 {\A srAlq,oA

ORDER

I [ 6 t{[\l z$n I WP.No.7414 of 2022 .., i , \:

CLOSING THE WRIT PETITION WITHOUTCOSTS \\\ I1-} \'\'?(