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High Court for State of TelanganaWP/29388/2022disposed of no costs

Lachhiram Gantala v. The District Educational Officer

2022-07-15T.Madhavi Devi5 pages

t HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SMT JUSTICE P, MADHAVI DEVI WRIT PETITION NO: 29388 OF 2022 Between:

Lachhiram Gantala, S/o Ramchander, Aged about 40 years, SGT, Telugu, (MPPIZPP) (Telugu), tt4PPS Lakshmipur, Damagidda Mandal, Narayanpet District (lD No 2800846) ...pEr.oNER AND The District Educational Officer, Mahabubnagar District. The District Educational Officer, Narayanpet Dist. The District Educational Officer, Nagarkurnool Dist. The District Collector-cum-Chairman, I\/ahabubnagar District. The Director of School Education, Govt. of T.S. at Hyderabad. The State of Telangana, Rep., by its Principal Secretary, School Education Dept ' secretariat' Hyderabad'

REspoNDENTs o 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 a Writ Order or orders more in the nature of Writ of lt/andamus declare the impugned Proc.No. ES/ES/IMA/NARA/SEGR/6710 d1.2111212021 issued by the 1st respondent allotting the petitioner to Narayanpet District contrary to petitioner option as per seniority to Nagarkurnool District while allotting from Ivlahabubnagar District which is clearly illegal, arbitrary, discriminatory, unjust and contrary to the G.O.tVs.No.317 dt.0611212021 and consequential N/emos No. 2211212021 , 2311212021 etc.

, and contrary to the spirit of implementation of the Presidential Order and principle of seniority, State and Subordinate Service Rules, and quash the same and consequently declare that petitioner is entitled to be allotted to Nagarkurnool District as per option strictly in accordance with seniority while posting the junior vide proceeding No. ES/SC/MAGA/SAGR/0731 DATED. 07 101 12022, vide Proceeding No. ES/SC/NAGA/SEGR/0358 DATED. 07 101 12022 and vide Proceeding No. ES/SC/NAGA/SEGRy0357 DATED.

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 consider the grievance of the petitioner for re-allotment to Nagarkurnool District by disposing of the appeal 2311212021 pending disposal of the above writ petition Counsel for the Petitioner: SRI M. RAMGOPAL RAO Counsel for Respondents: GP FOR EDUCATION The Court made the following: ORDER

;

THE HON'BLE SMT. JUSTICE P,MADHAVI DEVI W.P. No.293AA of 2022 ORDER:

This writ petition has been filed seeking a writ of mandamus to issue a direction to the respondents to consider the appeal and representation of the petitioner dated 23.12.2021 and. t6.03.2022 respectively, for change of his local cadre on seniority grounds. t I 2.

Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I.

3.

Learned counsel for the petitioner submits that the petitioner is senior and his case should be considered. on the basis of his { seniority. He further submits that he filed the appeal and representation dated 23.12.2021 and 16.03.2022 respectively, to the Director of School Education/Respondent No.5, however, no orders have been passed on the said representations. 4 .

Learned Government Pleader for Services-I submits that the representation of the petitioner will be considered by the authorities. 5.

Having regard to the rival contentions and material on record, this Court deems it fit and proper to direct the respondents No.S and 6, to whom the appeal and representation have been made by the petitioner, to dispose of the said appeal and representation

within a Period of six (6) weeks from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of' There shall be no 6.

order as to costs'

Miscellaneous applications' if any pending' shal1 also stand closed.

SD/. RAJ GOPAL ASSISTANT REGISTRAR / //TRUE COPY// c., To, SECTION OFFICER

1. The District Educational Officer, Mahabubnagar District.

2. The District Educational Officer, Narayanpet Dist.

3. The District Educational Officer, Nagarkurnool Dist.

4. The District Collector-cum-Chairman, Mahabubnagar District.

5. The DirectorofSchool Education, Govt. ofT.S. at Hyderabad.

6. The Principal Secretary, School Education Dept., State of Telangana Secretariat, Hyderabad.

7. One CC to Sri M Ramgopal Rao Advocate [OPUC]

8. Two CCs to GP For Education, High Court for the State of Telangana. [OUT]

9. Two CD Copies 10.One Spare Copy MBC P*--- \

HIGH COURT DATED: 1510712022 1HE SL4 j'4:

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ORDER

WP.No.29388 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .l \d*