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2025 Supreme(Telangana) 214
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
M.Gangadhar - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.46161 Of 2022
Decided On : 02-05-2025
Advocate Appeared:
For the Appellant : M PRATHEEK REDDY
For the Respondent: GP FOR SERVICES I
Administrative transfers must adhere to guidelines and principles of natural justice, ensuring fairness and legality in public service appointments.
Headnote:(A) Constitution of India - Articles 14 and 16 - Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018 - Transfer of petitioner from one local cadre to another - Petitioner contended that the transfer was illegal and arbitrary, without following the principles of natural justice. (Paras 2, 7, 8)
(B) Administrative Law - The importance of adherence to guidelines and principles of fairness in administrative transfers. (Paras 5, 8)
Facts of the case:
The petitioner challenged the transfer order issued to accommodate another individual and requested to be restored to the original post, citing violations of constitutional provisions and guidelines.
Findings of Court:
The court directed the respondents to consider the request for restoration or create a supernumerary post for the other party, mandating a decision within two weeks.
Issues: Whether the transfer was conducted lawfully and in accordance with the principles of natural justice and existing guidelines.
Ratio Decidendi: The court found force in the petitioner's submissions, stressing the need for adherence to guidelines and fairness in administrative decisions.
Result: Writ petition disposed of with directions.
| Table of Content |
|---|
| 1. petitioner's request for transfer restoration. (Para 2 , 3) |
| 2. legal proceedings surrounding prior transfer and impact. (Para 4 , 5) |
| 3. court's evaluation of transfer validity. (Para 6 , 7) |
| 4. court's directive for resolution of transfer issue. (Para 8) |
ORDER :
SUREPALLI NANDA, J.
Heard Sri M. Prateek Reddy, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I , appearing on behalf of respondent Nos.1 to 3 and Sri Shaik Karimulla, learned counsel appearing on behalf of respondent No.4.
2. The petitioner approached the Court seeking prayer as under:
“ …. to issue an order or orders or direction or writ more particularly in the nature of Mandamus declaring the action of the Respondents No.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara Dist, TS., to DMU Mulugu of Zone-I Kaleswaram to accommodate the Respondent No.4 in the petitioners place of working alleging mutual transfers vide. Proc.No.A1-21-2022, Dt.3-11-2022 issued by the Respondent No.3 in favor of the Respondent No.4 as illegal, arbitrary, discriminatory, unconstitutional, unjust, vindictive, baseless, unilateral and violative of the Articles 14 and 16 of the Constitution of India, the principles of natural justice and null and void and contrary to the Telengana Public Employment Organization of Local Cadres are Regulation of Direct Recruitment Order 2018 and Guide Lines issued in the GO. Ms. No. 317 GAD (SPF-I) Dept, Dt.6-12-2021 and consequently direct the Respondents to restore the petitioner to his working place of at DMU Nirmal, Zone - II, Basara Dist, TS., by shifting the Respondent No.4 to DMU Mulugu of Zone-I Kaleswaram or else create a supernumerary post to the Respondent No.4 as stated in the Proc.Rc.No.E2/215/2022, Dt.11-10-2022 issued by the Respondent No.2 to meet the ends of justice and pass...”
3. The case of the petitioner in brief is that as per G.O.Ms.No.317 GAD (SPF-I), Dept, Dated 06.12.2021 the petitioner had been allotted to the new local cadre Zone-II (Basara) from the erstwhile cadre Zone V, vide Proc. dated 25.12.2021 issued by the respondent No.3. Behind the back of the petitioner, the Respondent No.4 filed W.P. No. 10462 of 2022 before this Court declaring the action of the respondent No.2 in not considering the Appeal dated 25.01.2022 of the petitioner thereunder for transferring her from Zone-I Kaleswaram to Zone-II Basar as per her first option as illegal and consequently sought a direction to respondent No.2 to consider and dispose of the Appeal dated 25.01.2022 of the petitioner. Respondent No.2 had rejected the Appeal dated 25.01.2022. The petitioner herein submitted representations dated 11.11.2022 and 25.11.2022 to the respondent Nos.1 to 3 to restore the working place of the petitioner at DMU Nirmal Zone-II, Basara District by shifting the respondent No.4 to DMU Mulugu of Zone-I Kaleswaram. Aggrieved by the action of the respondent Nos.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara District to DMU Mulugu of Zone-I Kaleswaram, the petitioner approached the Court by filing the present writ petition.
4. It is the specific case of the petitioner that respondent No.4 approached the Court on earlier occasion by filing W.P. No.10462 of 2022 seeking prayer as under:
“ …. to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 not considering and disposing off the Appeal dated 25/01/2022 made by the Petitioner for transferring her post from Zone-I Kaleshwaram to Zone-II Basar, as per her First Option, as illegal, unjust, arbitrary arid violates of Articles 14 and 16 of the Constitution of India contrary to in accordance with the Telangana Public Employment (Organization of Local Cadres are Regulation of Direct Recruitment) Order, 2018 and guidelines issued i
