THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

AND

THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY

WRIT PETITION No.18462 OF 2025

ORDER:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order dated 03.04.2025 passed in

O.A.No.021/001613 of 2024 by the Central Administrative Tribunal, Hyderabad (for short ‘the

Tribunal’), the present writ petition is filed.

2. Heard Sri K.R.K.V. Prasad, learned counsel appearing for the petitioner, Sri B. Narasimha Sharma, learned Additional Solicitor General, appearing for respondent Nos.1 and 2, learned Government Pleader for General Administration, appearing for respondent No.3 and Sri B. Rajeshwar Reddy, learned Government Pleader for the State of Andhra Pradesh, appearing for

respondent No.4.

3. It is the case of the petitioner that she was selected as Deputy Collector, Group-I Cadre, in the year 1990 through the Andhra Pradesh Public Service Commission,

and she was conferred IAS for meritorious service in 1995. She has been discharging her duties in the composite State of Andhra Pradesh. Learned counsel had further contended that the petitioner has studied LKG to Post Graduation in Hyderabad District and is a permanent resident of Hyderabad.

4. Learned counsel for the petitioner had further contended that the State of Andhra Pradesh was bifurcated into the States of Telangana and Andhra Pradesh on 2nd June, 2014 and consequent upon the bifurcation of the State, the petitioner was allotted to the State of Andhra Pradesh vide proceedings dated 05.03.2015. Aggrieved by the said allotment to the State of Andhra Pradesh, the petitioner has submitted a detailed representation to respondent Nos.1 and 2 requesting to allot her to the State of Telangana, as admittedly the petitioner has studied from LKG to Post Graduation in Hyderabad. The allocation was not done based upon the information furnished by the State Government. The State Government had categorically stated that the petitioner is a domicile of Hyderabad in terms of the Presidential Order under Article 371D of the Constitution of India. In spite of the State Government furnishing the details that the petitioner is a permanent domicile of Hyderabad, respondent No.1 and 2 have allocated the petitioner to the State of Andhra Pradesh. When the representation of the petitioner was not considered, the petitioner was constrained to approach the Tribunal by filing O.A.No.348 of 2015 and the Tribunal was pleased to grant interim order on 13.03.2015 and in view of the interim order granted by the Tribunal, the petitioner was allowed to continue in the State of Telangana.

5. Learned counsel for the petitioner had further contended that the Tribunal was pleased to allow O.A.No.348 of 2015 vide order dated 29.03.2016 by allocating the petitioner to the State of Telangana. Aggrieved by the orders passed by the Tribunal in O.A.No.348 of 2015, the respondents have filed W.P.No.7263 of 2017 and this Court disposed of the said writ petition vide order dated 03.01.2024 by setting aside that portion of the order of the Tribunal where it has allocated the petitioner to the State of Telangana and the matter was remitted back to the Union of India to consider the case of the petitioner strictly in accordance with the guidelines framed for allocation i.e., Pratyush Sinha Committee Guidelines. Learned counsel for the petitioner had further contended that in pursuance of the order passed by this Hon’ble Court, the petitioner has submitted a detailed representation to the Department of Personnel & Training (hereinafter referred to as “DOPT”) on 04.04.2024 and the DOPT, however, rejected the case of the petitioner vide proceedings dated 09.10.2024. In pursuance of the rejection order dated 09.10.2024, the respondents have relieved the petitioner from the State of Telangana and she was constrained to join duty in the State of Andhra Pradesh on 17.10.2024. Thereafter, the petitioner had filed O.A.No.021/001613 of 2024 challenging the rejection order date