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2025 Supreme(Telangana) 1892

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, J.
M. Shobha Rani – Appellant
Versus
Director of Industries – Respondent
Writ Petition No. 14357 of 2025
Decided On : 17-10-2025

Advocates:
Advocate Appeared:
For the Appellant : P.V. KRISHNAIAH
For the Respondent: GP FOR SERVICES III

Promotions and postings within government service are subject to the administrative discretion of the employer, and employees do not possess a vested right to preferred postings.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Promotion and posting of a government employee - Petitioner challenged posting order claiming it was arbitrary and discriminatory, despite voluntarily relinquishing her promotion - Court held administrative discretion in transfers and postings is lawful and upheld the posting order as valid, rejecting claims of discrimination. (Paras 1-10)

(B) Service Jurisprudence - Transfer and posting as incidence of service - No employee has a vested right to a particular posting, and courts refrain from interference unless mala fides are present. (Paras 9)

Facts of the case:
The petitioner, a Superintendent, challenged her posting as Assistant Director following a promotion, alleging discrimination based on seniority and marital status. Respondent No.1’s orders on promotion and posting were contested.

Findings of Court:
The court noted that the petitioner suppressed facts regarding her voluntary relinquishment of the promotion and found no basis for her claims of discrimination.

Issues: The key issues revolved around the legality of the posting order and whether it constituted discrimination against the petitioner.

Ratio Decidendi: The court emphasized that promotions and postings fall under administrative discretion of the employer and employees do not possess a right to specific postings.

Result: Writ Petition is dismissed.

Table of Content
1. relief sought related to promotion and posting (Para 1 , 2 , 3 , 4)
2. respondent's defense on administrative discretion (Para 5 , 6)
3. court's analysis on petitioner's claims and actions (Para 7 , 8 , 9)
4. writ petition dismissed as devoid of merit (Para 10 , 11)

ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus under Article 226 of the Constitution of India declaring para 3 of the proceedings No.24/2020/62212/ 2926887/FD-16 dated 18.01.2025 is concerned i.e. posting the petitioner as Assistant Director of 3rd respondent and consequential proceedings No.22-2025-Relieving Order/FD dated 26.03.2025 as arbitrary, illegal, discriminatory, mala-fide, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direction directing the 1st and 2nd Respondents to forthwith post the petitioner in the office of the 1st respondent, if necessary replacing anyone of the party respondents i.e. Respondent No.4, 5 and 6 or alternatively direct the 1st and 2nd respondent to forthwith consider and post the petitioner in the office of the 1st rest respondent as Assistant Director of Industries in the vacancy which will be available from 01.05.2025 due to retirement of Sri. Kondoju Chandrasekhar who is going to retire on 30.04.2025 and pass…”

2. Heard Sri P.V. Krishnaiah, learned counsel appearing for the petitioner, and learned Government Pleader for Services-III, appearing on behalf of respondent Nos.1 to 3. In spite of service of notice, there is no representation on behalf of respondent Nos.4 to 6.

3. Learned counsel for the petitioner submits that while the petitioner was working as Superintendent in the office of respondent No.1, as per the seniority and by following the rule of reservation under Rule 22 of the Telangana State and Subordinate Service Rules, 1996, respondent No.1 prepared a roster point cycle, wherein, the petitioner’s name was placed at Sl.No.16, while the names of the unofficial respondent Nos.4 to 6, were placed at Sl.Nos.19, 27 and 30, respectively. It is further submitted that in anticipation of promotion to the post of Assistant Director, the petitioner made a representation to respondent No.1 on 15.01.2025, requesting to accommodate her in the office in the event of her promotion, as her husband is working as Principal in Government Degree College, Ibrahimpatnam. Further, the Departmental Promotion Committee, in its meeting held on 16.01.2025, recommended the petitioner’s name for promotion to the post of Assistant Director of Industries, along with respondent Nos.4 to 6. However, while effecting promotions, vide proceedings dated 18.01.2025, without considering the request of the petitioner, respondent No.1 posted the petitioner at the office of respondent No.3, while accommodating the unofficial respondent Nos.4 to 6 in the Head Office, even though they are juniors to the petitioner.

4. It is further submitted that respondent No.4 herein is a male officer working at Yadadri, who had no spouse grounds, whereas, the petitioner herein, being a woman employee, whose spouse is working at Hyderabad, was entitled for preferential treatment. As such, respondent No.1 ought to have accommodated her in the Head Office, duly considering representation dated 15.01.2025, instead, posted her in the office of respondent No.3, vide impugned proceedings dated 18.01.2025, which is illegal, arbitrary, discriminatory. Therefore, the petitioner was compelled to submit her representations to respondent Nos.1 and 2 and also the Chief Secretary to Government, on 24.01.2025, requesting to consider her case for posting in the office of respondent No.1 by modifying her transfer and posting order. However, since no action was taken thereon, the petitioner was left with no other option but to join the office of respondent No.3 on 2

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