Venkatnarsimha Babji v. The District Educational Officer
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENry FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 33591 OF 2022 Between:
Venkatnarsimha Babji, S/o Venkoji, Aged about 42 yea:rs, School Assistant (English), ZPHS Chegunta, Thimmajipet Mandal, Nagarkurnool District. (lD.No. 1743400) ...PETITIONER AND
1. The District Educational Officer, Mahabubnagar District.
2. The District Educational Officer, Nagarkurnool District. t.
3. The District Collector-cum-Chairman, Mahabubnagar District.
4. The Director of School Education, Govt. of T.S. at Hyderabad.
5. The State of Telangana, Rep., by its Principal Secretary, School Education Dept., Secretariat, Hyderabad.
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 a Writ Order or orders more in the nature of Writ of Mandamus declare the impugned Proc.No. ES/ES/MA/NAGA/SCAS/0684 dt.2111212021 issued by the 1st respondent allotting the petitioner to Nagarkurnool District contrary to petitioner option under spouse category as well as seniority to Ranga Reddy and Mahabubnagar District respectively, which is clearly illegal, arbitrary, discriminatory, unjust and contrary to the G.O.Ms.No.317 dt.
0611212021 and contrary to the spirit of implementation of the Presidential Order and principle of seniority, State and Subordinate Service Rules, spouse and quash the same and consequently declare that petitioner is entitled to be allotted to Mahabubnagar District as per petitioner option strictly in accordance with seniority while allotting and retaining Juniors to who were included below in the seniority list which is clearly illegal and unjust with all consequential benefits.
/ l.A.NO:1 OF 2022 Petition Under Section'15'l 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 Mahabubnagar District strictly as per seniority by disposing of the statuary appeal to the respondents dated. 2511212021 pending disposal of the above writ petition. Counsel for the Petitioner : SRI.M.RAMGOPAL RAO Counsel for the Respondents : GP FOR SERVICES - I The Court made the following ORDER i,
/ o , -. THE HON?BLE .SMT. JUSTICE..P.MADIIAVI DEVI WRIT PETITION No. 33591 of 2022 ORDER:
This writ petition has been Iiled by the petitioner seeking a direction to the respondents to consider the appeal which was filed on 24 .12.2021, , for change of local cadre from Nagarkurnool to Mahabubnagar District.
II 2.
The learned counsel for the petitioner submits that though the petitioner has filed an appeal on 24.12.2021, the same has not been considered by the respondents so far. The learned counsel for the petitioner further submits that the petitioner may be permitted to make further representation pointing out his grievances in particular and the same may be directed to be disposed of by passing appropriate orders. 3.
Having regard to the above submissions and the appeal dated 24.12.2021, the petitioner is permitted to make further representation to the 4t respondent and after such representation being received, the respondents are directed to consider the same along with the appeal dated 24.12.202 l, within a period of four (4) weeks from the date of receipt of a copy of such representation.
4.
The writ petition is accordingly - disposed of..There shall be no order as to costs.
5.
Miscellaneous applications, if any pending, shall also stand closed. SI)/- K. ONESIM DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The District Educational Officer, Mahabubnagar District.
2. The District Educational Officer, Nagarkurnool District.
3. The District Collector-cum-Chairman, Mahabubnagar District. 4 The Director of School Education, Govt. of T.S. at Hyderabad.
5. The Principal Secretary, School Education Dept., Secretariat, State of Telangana at Hyderabad.
6. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUTI
7. One CC to SRI.M.RAMGOPAL RAO, Advocate [OPUC]
8. Two CD Copies
9. One spare copy S.A GJP t
HIGH COURT DATED:2510812022 lT s r4 .go (5 t\ UORDER WP.No.33591 of 2022 DISPOSING OF THE W.P WITHOUT COSTS.
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