Allocation of state cadre employees must consider spouse factors and local status as per guidelines under the Andhra Pradesh Reorganization Act, 2014.

ORDER :

(Namavarapu Rajeshwar Rao, J.)

1. This Writ Petition is filed seeking the following relief :

"....to issue a writ, order or direction more in the nature of Writ of Mandamus declaring the action on part of the respondents in allocating the petitioner to the State of Andhra Pradesh vide orders No.(1)/217, dated 04.10.2017 of the 1st respondent as communicated vide G.O. Ms.No.133 General Administration (SR-I) Department dated 04.10.2017 of the 5th respondent by not extending the spouse factor as provided under Clause 18(k)&(L) of the guidelines dated 29.10.2014 of the Government of India basing on the recommendations of the Advisory committee as illegal, arbitrary and contrary to the provisions of AP Reorganization Act, 2014 and set aside the same with a consequential direction to the respondents to allocate the petitioner to the State of Telangana as per his option and taking into consideration the spouse factor and other relevant factors and pass such other order or orders...,"

2. Heard Sri Nayakawadi Ramesh, learned counsel for the petitioner, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent No. 1, learned Government Pleader for Services A.P. for respondent Nos. 2, 4 and 5, and the learned Government Pleader for Services- III for respondent Nos. 3 and 6.

3. Learned counsel appearing for the petitioner submits that the petitioner is working as a Section Officer in the Office of the Andhra Pradesh Administrative Tribunal, Hyderabad. Initially, the petitioner was appointed as a Junior Assistant on 22.07.1999 in the Andhra Pradesh Administrative Tribunal and subsequently promoted to a Senior Assistant on 03.03.2011 and further promoted to a Section Officer on 04.11.2013. His unit of appointment was in the A.P. Administrative Tribunal in the erstwhile State of Andhra Pradesh. The petitioner was a local candidate of the State of Telangana as he had pursued his studies in the State of Telangana and satisfied the definition of the local candidate as defined in the Presidential Orders.

4. Learned counsel for the petitioner further submits that the State of Andhra Pradesh was re-organized through the A.P. Reorganization Act, 2014 and the existing State of Andhra Pradesh is re-organized as the State of Andhra Pradesh and the State of Telangana. Consequent to the reorganization of the existing State of Andhra Pradesh, the Government of India constituted an advisory committee for the State Government Employees to delineate objective and transparent criteria for the allocation of personnel belonging to the State Government in the existing cadre of different services of Andhra Pradesh between the two successor States i.e., Andhra Pradesh and Telangana determining the cadre strength to recommend special individual allocation of the State Government Employees and to consider any representation made by the State Government Employees to ensure fair and equitable treatment.

5. Learned counsel for the petitioner further submits that the Government of India issued guidelines for the final allocation of State Cadre employees under the Andhra Pradesh Reorganization Act, 2014. Pursuant to the Government of India guidelines, the General Administration (SR) The Department, representing the Government of Andhra Pradesh and the Government of Telangana issued Circular Memo No.FSA/01/2014, dated 30.09.2014, concerning the modalities for allocating the State Service Employees.

6. Learned Counsel for the petitioner further submits that according to the guidelines, the petitioner has opted for the State of Telangana and his case was required to be considered in terms of his local status and on the spouse's grounds for allocation to the State of Telangana. After issuing the guidelines, the respondents have communicated a tentative allocation list with respect to the APAT vide Notification No. 19326-A/SR/2016, dated 06.09.2017. The petitioner was shown as allocated to the State of Andhra Pradesh despite the petitioner being a loca