THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

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 3^rd respondent and consequential proceedings No.22-2025-Relieving Order/FD dated 26.03.2025 as arbitrary, illegal, discriminatory, malafide, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direction directing the 1^st and 2^nd Respondents to forthwith post the petitioner in the office of the 1^st respondent, if necessary replacing anyone of the party respondents i.e. Respondent No.4, 5 and 6 or alternatively direct the 1^st and 2^nd respondent to forthwith consider and post the petitioner in the office of the 1^st 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 27.03.2025, in pursuance of the relieving order issued by respondent No.1 on 26.03.2025. It is further submitted that one post of Assistant Director of Industries is vacant in the Head Office, due to the retirement of one Mr. Kondoju Chandrasekhar,