Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
State of Telangana – Appellant
Versus
Ratnaker Jauhari IFS – Respondent
ORDER :
Abhinand Kumar Shavili, J.
Both these Writ Petitions are being disposed of by way of this common order since the issue raised in both these Writ Petitions is one and the same.
2. W.P.No.31405 of 2024 is filed by the State against the order, dated 04.10.2024 passed in O.A.No.1556 of 2024 and W.P.No.31411 of 2024 is also filed by the State against the order, dated 16.03.2022 passed in O.A.No.215 of 2016, by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, ‘the Tribunal’). In both the cases, contesting respondent is one and the same and the issue pertains to allotment of the contesting respondent (Indian Forest Service (IFS) Officer) to the State of Telangana and the State of Andhra Pradesh is also involved.
3. Heard the learned Special Government Pleader, appearing for petitioner-State and Mr. R. Anurag, learned counsel representing learned Deputy Solicitor General of India appearing for respondent Nos.1 and 2; Sri G. Vidya Sagar, learned Senior Counsel representing Sri M. Avinash Reddy, learned counsel appearing for respondent No.3 and Sri A. Raghu Ram, learned Assistant Government Pleader for the State of Andhra Pradesh, appearing for respondent No.4
The main legal point established in the judgment is that the Respondent was entitled to be allocated to the State of Telangana even on spouse ground and the Union of India erred in rejecting the requ....
Allocation of state cadre employees must consider spouse factors and local status as per guidelines under the Andhra Pradesh Reorganization Act, 2014.
Cadre allocation decisions must adhere to a candidate's expressed preferences in order of merit; failing this, an insider status claim based on lower preferences is invalid.
The court ruled that terms referring to 'deputation' in employment must be interpreted as 'transfer', thus reinforcing seniority rights of employees post-bifurcation of states.
Allocations of posts in public service must follow seniority and established procedures, with options processed as per the applicable guidelines.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
