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IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
M.S. RAMACHANDRA RAO, T. AMARNATH GOUD, JJ.
B. Subba Rayudu – Appellant
Versus
State Reorganisation Department and Ors. – Respondents
Writ Petition (TR) No. 5482 of 2017 and I.A. No. 1 of 2020 in Writ Petition No. 24820 of 2017
Decided On : 08-12-2020
Allocation - State of Andhra Pradesh - A.P. Re-organization Act, 2014 - 312 - The court held that the permanent allocation of the petitioner to the State of Andhra Pradesh by the Union of India is arbitrary, unreasonable and contrary to Article 14 of the Constitution of India and the guidelines notified vide G.O.Ms. No. 312 dt. 30.10.2014. The petitioner was entitled to be allocated to the State of Telangana permanently w.e.f. 14.01.2016. The denial of posting to the petitioner from 08.03.2017 till date and denying salary to the petitioner from that date onwards by the State of Telangana is arbitrary, illegal and violative of Article 14 of the Constitution of India. Since the petitioner, though keen to work, was not allowed to work by the State of Telangana, he is entitled to be paid salary from 08.03.2017 till the date of posting by the State of Telangana with interest @ 7 p.a.
Fact of the Case:
The petitioner, a Joint Director in the Animal Husbandry Department, was tentatively allocated to the State of Andhra Pradesh despite opting for the State of Telangana. He challenged the allocation, citing his wife's transfer to Telangana and his children's education in Telangana. The court found the allocation to be arbitrary and ordered his permanent allocation to Telangana with backdated salary.
Finding of the Court:
The court found the permanent allocation to the State of Andhra Pradesh to be arbitrary and in violation of Article 14 of the Constitution of India. It also held that the denial of posting and salary by the State of Telangana was illegal and ordered the petitioner's permanent allocation to Telangana with backdated salary.
Issues: The main issue was the arbitrary allocation of the petitioner to the State of Andhra Pradesh despite his preference for Telangana, as well as the denial of posting and salary by the State of Telangana.
Ratio Decidendi: The court's decision was based on the arbitrary nature of the allocation, the petitioner's entitlement to be allocated to the State of Telangana, and the violation of Article 14 of the Constitution of India. It also considered the petitioner's spouse's transfer to Telangana and the impact on the petitioner's children's education.
Final Decision: The court allowed the petitions, set aside the allocation to the State of Andhra Pradesh, and directed the permanent allocation of the petitioner to the State of Telangana with backdated salary. It also ordered the State of Telangana to provide posting and pay the petitioner's salary with interest.
ORDER:
M.S. Ramachandra Rao, J.
1. The subject matter of both these Writ Petitions is interconnected and the same petitioner has filed both cases. Therefore, they are being disposed of by this Common Order.
2. The petitioner was working as Joint Director - Class 'A' in the Animal Husbandry Department of the composite State of Andhra Pradesh. The post of Joint Director - Class 'A' is a State-Cadre post. He belongs to a Scheduled Tribe community.
3. His wife Smt. B. Shantabai was also a State Government employee and was working as Assistant Registrar.
4. The composite State of Andhra Pradesh was bifurcated into the new State of Telangana and the residuary State of Andhra Pradesh w.e.f. 02.06.2014 by the A.P. Re-organization Act, 2014 (for short, 'the Act').
5. The petitioner gave an option on 07.03.2015 for allocation to the State of Telangana.
6. But, he was tentatively allocated to the State of Andhra Pradesh vide proceedings GAD (SR) Department Notification No. 21105 - B/ SR1/ 2014 - 4 dt. 12.06.2015.
7. Aggrieved thereby, petitioner gave a representation dt. 26.06.2015 stating that though he was born in Kadapa District of Andhra Pradesh, he had studied Classes VIII, IX and X at Khammam in the State of Telangana and subsequent education including Post Graduation was also in the Telangana State and so he is to be considered as a local candidate of State of Telangana; he was initially appointed as Assistant Director in Chevella, Ranga Reddy District in Telangana State through an examination conducted by the A.P. Public Service Commission in 1993 and he had only worked in Telangana State; his wife was working in the Office of the Commissioner of Cooperation and Registrar of Co-operative Societies, Telangana State, Hyderabad as Assistant Registrar; that she was initially appointed as Junior Assistant in Krishna District of the present residuary State of Andhra Pradesh against 'non-local' category as per the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 issued by the President of India under Clauses (1) and (2) of Article 371-D of the Constitution of India notified vide G.O.Ms. No. 674, General Administration (SPF-A) Department dt. 29.10.1975 (also called 'Presidential Order of 1975'); during bifurcation process of the employees between the two States, she was allotted to Telangana State by way of an 'Order to Serve' proceeding dt. 31.05.2014 of the Director, Ministry of Public Grievances and Pensions, Government of India; she was re-allocated to the residuary State of Andhra Pradesh subsequently; that she gave objection to the same stating that she was born, brought up and educated in Telangana State and she had rendered service for 16 years in the area covered by the said State and her reallocation to Andhra Pradesh was absurd, illegal; that the same was pending for consideration; that unless his wife's request is considered or finalized his allotment ought not to be considered.
He also stated that he had two children born and brought up in Hyderabad, aged 15 years and 12 years respectively, who were in Classes 10 and 8 respectively, and if he is allotted to the State of A.P., their studies would be adversely affected.
He also stated that as per the Seniority List in the Cadre of Joint Director, his position was at Serial No. 4 and there are existing vacancies in the Telangana State since three Joint Directors from Telangana State were allotted to Andhra Pradesh.
8. At the time of these events, petitioner was working as Project Director, ATMA, Ranga Reddy District, Hyderabad in the Agriculture Department of the State of Telangana on deputation.
Proceedings of the Government of India on 14.01.2016 allocating the petitioner to the State of Andhra Pradesh
9. But, notwithstanding the same, the petitioner was finally allocated by the Ministry of Personnel, PG & Pensions, Department of Personnel and Training, Government of India vide proceedings F. No. 29/01/2016 - SR(S) dt. 14.01.
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