THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.1493 OF 2023

ORDER:

This Writ Petition is filed seeking the following relief:

“… to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) to declare the action of the Respondents in not preparing the Integrated Seniority List for the post of School Assistant for promotion to the Multi-Zonal Post of Gazetted Head Master Gr II in terms of Rule 34 of the Telangana State and Subordinate Services Rules as illegal and arbitrary, (ii) declare that the Petitioners are eligible for promotion to the Multi-Zonal Post of Gazetted Head Master Gr II without reference to para 5 (2) (c) of Presidential Order, 2018 and GO Ms No.17 dated 04-07-2022, (iii) Consequently, direct the Respondents to consider the case of the Petitioners for Promotion to the Multi-Zonal Post of Gazetted Head Master Gr II without reference to para 5 (2) (c) of Presidential Order, 2018, and GO Ms No 17 dated 04- 07-2022 with all consequential benefits and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

2) Heard Sri G. Vidya Sagar, learned senior counsel, representing Sri Sai Prasen Gundavaram, learned counsel for the petitioners, and learned Additional Advocate General appearing for the respondents.

3) Learned counsel for the petitioners has submitted that on formation of new Districts in the State of Telangana and in terms of the Presidential Order-2018, the new Zones and Multi-Zones have been constituted from among the erstwhile Zone V and VI. Consequently, the employees falling in the District Cadre, Zonal Cadre, Multi-Zonal Cadre were required to give preferences for allotment under new Presidential Order-2018. In pursuance to the same, the erstwhile Mahabubnagar District has undergone territorial changes and Wanaparthy, Nagarkurnool, Jogulamba and Mahaboobnagar are newly formed Districts, which include part of Ranga Reddy District. Therefore, the employees working in erstwhile District were directed to exercise their option and indicate their preferences as per reorganization of the new local cadres. Accordingly, the petitioners, who are working as School Assistants, which is a District Cadre post, were supplied with employee preference forms wherein the first petitioner has exercised his preference to erstwhile Mahabubnagar District, which includes the newly formed Districts. Accordingly, the first petitioner was issued proceedings dated 06.01.2016 allocating him to the post of School Assistant at UPSC Nerallacheruvu, Farooqnagar, Ranga Reddy District. Similarly, other petitioners have also exercised their preferences to the erstwhile Districts and they were also allocated to the new Districts and worked as such in their respective new Districts for some period. Thereafter, the Government has issued certain guidelines to consider the request for inter local cadre transfer on mutual reciprocal basis as per the schedule, through online, in accordance with para 5 (2) (c) of the Presidential Order-2018 vide G.O.Ms.No.21, General Administration (SPF.I) Department, dated 02-2-2022, and G.O.Ms.No.402, General Administration (SPF.I) Department, dated 19-02-2022. In consequence to the same, the second respondent is alleged to have furnished the mutual inter-local cadre transfer proposal to the first respondent and after careful examination of the proposals, the first respondent has ordered the District Mutual Inter Local Cadre Transfers of the employees on mutual/reciprocal basis vide G.O.Ms.No.17, School Education (Ser.III) Department, dated 04-07-2022, and indicated that the District Mutual Inter Local Cadre Transfers are subject to condition that the seniority in the new Local Cadre will be subject to final orders of the High Court in the writ petitions filed against G.O.Ms.No.402, dated 19.02.2022. Further, in terms of para 5 (2) (c) of Presidential Order-2018, the individuals shall be assig