Back
2020 Supreme(Telangana) 65
IN THE HIGH COURT OF JUDICDATURE FOR THE STATE OF TELANGANA AT HYDERABAD
M.S. Ramachandra Rao, T. Amarnath Goud, JJ.
P. Chandrasekhar Rao and Another - Petitioners
Vs.
The State of Telangana and Others - Respondents
W.P.No.23515 of 2019
Decided On : 27-04-2020
For the Petitioners: Sri D.Ramakrishna
For the Respondents: G.P. for Services-I, Telangana, Sri P.Govind Reddy, G.P. for Services-III, Telangana
Point of Law
Statutory authorities exist to discharge statutory functions in public interest. They should be responsible litigants. They cannot raise frivolous and unjust objections, nor act in a callous and high-handed manner. They can not behave like some private litigants with profiteering motives
Headnote:
Service Law – Inter-State transfer of spouses – petitioners in this Writ Petition submitted applications for mutual transfer – Petitioners contend that they had come to know that the State of Andhra Pradesh had given a ‘No Objection’ in respect of the 2nd petitioner and the applications were pending before the State of Telangana for passing orders in the matter; that both are in the same cadre and in the same subject; and they would like to go to their native States as per the Memo – Held, Grave injustice has been caused to the petitioners because the 1st petitioner was disabled from securing two extra years of service in the Government of Andhra Pradesh and had to retire on 31.05.2018 while the 2nd petitioner who hails from Hyderabad was disabled from securing employment in the State of Telangana at Hyderabad as well – 1st respondent to forthwith pass an order granting ‘No Objection Certificate’ for the employment of the 1st petitioner in the State of Andhra Pradesh and the 2nd respondent shall then forthwith provide him posting in one of the Government Degree Colleges in the State of Andhra Pradesh in an existing vacancy; a Writ of Mandamus shall also be issued to the 2nd respondent to forthwith relieve the 2nd petitioner by giving a ‘No Objection Certificate’ – Petition allowed (Paras 39 and 40)
Facts of the Case:
After bifurcation of the composite State of Andhra Pradesh into the new State of Telangana and the residuary State of Andhra Pradesh with effect from 02.06.2014 by the A.P. Reorganisation Act, 2014, both the State Governments issued Circular Memo dt.07.08.2017 for the purpose of providing inter-State transfers.
Finding of the Court:
Grave injustice has been caused to the petitioners because the 1st petitioner was disabled from securing two extra years of service in the Government of Andhra Pradesh and had to retire on 31.05.2018 while the 2nd petitioner who hails from Hyderabad was disabled from securing employment in the State of Telangana at Hyderabad as well - 1st respondent to forthwith pass an order granting ‘No Objection Certificate’ for the employment of the 1st petitioner in the State of Andhra Pradesh and the 2nd respondent shall then forthwith provide him posting in one of the Government Degree Colleges in the State of Andhra Pradesh in an existing vacancy; a Writ of Mandamus shall also be issued to the 2nd respondent to forthwith relieve the 2nd petitioner by giving a ‘No Objection Certificate’
Result: Petition allowed
ORDER :
M.S. Ramachandra Rao, J.
The 1st petitioner was working as a Lecturer in Commerce in Government Degree College, Madhira, Khammam District. He had been initially appointed as a Lecturer on 07.08.1992 and had retired on 30.04.2018.
2. The 2nd petitioner is working as a Lecturer in Commerce in SGA Government Degree College, Yellamanchili, Visakhapatnam District.
3. While the 1st petitioner belongs to Srikakulam District which now falls in the residuary State of Andhra Pradesh, the 2nd petitioner belongs to Hyderabad District in the new State of Telangana which is carved out after 02.06.2014.
4. After bifurcation of the composite State of Andhra Pradesh into the new State of Telangana and the residuary State of Andhra Pradesh with effect from 02.06.2014 by the A.P. Reorganisation Act, 2014, both the State Governments issued Circular Memo dt.07.08.2017 for the purpose of providing inter-State transfers.
5. A Committee was constituted to evolve a policy on inter-State transfers of the State Government employees in respect of the following categories:
A. Inter-State transfer of spouses.
B. Mutual transfer of local cadre employees i.e.,
District/Zonal/Multi Zonal cadre employees, and
C. Mutual transfer of all State Cadre Employees where the final allocation has been notified by the Central Government.
6. One of the guidelines issued pursuant to the Committee’s recommendations was as under:
“(a) Government employee seeking inter-State transfer has to apply to the Head of Department concerned through the property channel within a month from the date of the issue of these guidelines. Application shall be in the prescribed form appended. The Administrative Department concerned shall process all the applications and issue orders as per the prescribed procedure laid down herein preferably within two months from the date of issue of these guidelines.”
7. The petitioners in this Writ Petition submitted applications for mutual transfer on 28.08.2017 and 29.08.2017 within one month from the date of issue of the Circular Memo dt.07.08.2017.
8. Though their applications were complete in all respects, no orders were passed by the respondents, i.e., the States of Telangana and Andhra Pradesh within the two month period stipulated in the above Circular Memo.
9. The petitioners contend that they had come to know that the State of Andhra Pradesh had given a ‘No Objection’ in respect of the 2nd petitioner and the applications were pending before the State of Telangana for passing orders in the matter; that both are in the same cadre and in the same subject; and they would like to go to their native States as per the Memo dt.07.08.2017.
10. It is not in dispute that nothing was done by the 1st respondent within the 2 month period stipulated in the above Memo resulting in the 1st petitioner retiring from service on 30.04.2018.
11. The petitioners then filed W.P.No.15328 of 2018.
12. A Division Bench of this Court on 18.06.2018 passed the following order:
“While the age of retirement of a Government Lecturer in the State of Telangana is 58 years, it is 60 years in the State of Andhra Pradesh. It is not in dispute that the second petitioner is aged 48 years and, even if she is transferred to the State of Telangana, she would still have a decade of service left before her retirement. While the first petitioner may no longer be entitled to work as a Lecturer in the State of Telangana, as he has completed 58 years of age, he would be entitled, if his request for mutual transfer to the State of Andhra Pradesh is accepted, to work as a Government Lecturer till he attains the age of superannuation of 60 years in the State of Andhra Pradesh. A decision in this regard is required to be taken by the Special Chief Secretary, Education Department, Government of Andhra Pradesh. Suffice it to direct him to consider the request for mutual transfer with utmost expedition and, in any event, not later than one month from the date of receipt of a copy of this order, as the transfer gu
