Tahaseen Sulthana v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.12299 OF 2019

ORDER

This writ petition is filed seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 and 4 in issuing the transfer proceedings RC.No.161/A1/2019,dated 28.02.2019 by transferring the petitioner from ZPHS Nagulamallial Kothapally Mandal, Karimnagar District to MPUPs Ramakistapur, Mutharam (Manthani) Mandal, Peddapalli District, as a ground of indiscipline and the respondent Nos.3 and 4 are restrained to transfer from District to District transfer policy is vested by the Government not in the District Administration as illegal, arbitrary and void and consequently direct respondent Nos.3 and 4 to consider the representation dt 01-04-2019 on the ground of transferring within the district but not by inter district ZPHS Nagulamallial, Kothapally Mandal, Karimnagar District to MPUPs Ramakistapur Mutharam (Manthani) Mandal, Peddapalli District and pass such other order or orders may deem fit and proper in the circumstances of the case."

Heard Sri Venkateshwar Varanasi, learned counsel appearing for the petitioner and learned Government Pleader for Education appearing for the respondents.

It is the case of the petitioner that she is working as a Language Pandit Hindi in ZPHS Nagulamallial, Kothapally Mandal, Karimnagar District. While discharging her duties as such, she was placed under suspension vide proceedings dated 16.01.2019 on the ground that she had sexually abused the students. Thereafter, the respondents have revoked the suspension order and posted her to MPUPs Ramakistapur, Mutharam (Manthani) Mandal, Peddapalli District.

Learned counsel appearing for the petitioner submits that the post of Language Pandit Hindi is a district post; that the respondents cannot post the petitioner in a different district while reinstating her into service;

that the representation of the petitioner dated 01.04.2019 be considered and appropriate orders be passed thereon.

Learned Government Pleader, on instructions, submits that there is a vacancy in MPUPs Challa Batkur Mandal, Karimnagar Rural District and that the case of the petitioner would be considered and appropriate orders would be passed on the representation submitted by her.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the representation dated 01.04.2019 submitted by the petitioner and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 21st June, 2019 rkk