THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO W.P.No.27105 of 2022

ORDER

This writ petition is filed seeking the following relief :-

“….. to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, aggrieved by the impugned action of the respondents in allotting the petitioner to new Local Cadre of Mahabubnagar, which is contrary to her preferential option and seniority vide proceedings No. ES/ES/MA/MBNR/SEGR/6674, dated 21.12.2021 and further in passing the rejection orders vide Memo No.Spl/Secretary Peshi/2021-240, dated 31.03.2022, as illegal, unjust, arbitrary and violative of Articles 14 and 16 of the Constitution of India and also contrary to the Telangana Public Employment Organization of Local Cadres and Regulation of Direct Recruitment Order 2018 and Guidelines issued in G.O.Ms.No.317, General Administration (SPF-I) Department, dated 06.12.2021 and consequently set aside the impugned orders, dated 21.12.2021 and 31.03.2022 by directing the respondents to allot the Petitioner to the Ranga Reddy as per her option on priority and as per her seniority in accordance with Rules .….”.

2. Brief facts of the case are as follows :-

(a) The petitioner was appointed as a Secondary Grade Teacher in Prakasam District on 13.11.2000 through DSC-2000 Notification. Thereafter, under inter-district mutual transfers, she was transferred to Mahabubnagar District on 23.11.2005. The petitioner has been working at Ranga Reddy District (erstwhile Mahabubnagar District) since the date of her inter-district mutual transfer till the issuance of impugned proceedings dated 21.12.2021. The Presidential Order came into force on 28.08.2018 and the same was notified by the 1^st respondent vide G.O.Ms.No.124, dated 30.08.2018.

(b) To give effect to the Presidential Order, the 1^st respondent issued G.O.Ms.No.317, dated 06.12.2021, in terms of Para-4 of the Presidential Order, 2018, providing detailed guidelines that are required to be followed for preparation of the seniority list, seeking options, allotting employees as per their seniority, disability, medical grounds etc. As per guideline No.3 of the Appendix to G.O.Ms.No.317, dated 06.12.2021, all departmental heads shall prepare a seniority list of its employees in each erstwhile local cadre and, as per guideline No.5, while considering for allotment to the new local cadres, preference shall be obtained to the new local cadres from employees as per their seniority. As per the seniority list, the petitioner is placed at Sl.No.3349. One person, by name Ms.Sk.Shaheeda Gilani, who was appointed through DSC 2000, was posted at Prakasham District and later on, by mutual transfer, he was transferred to Madgul Mandal, Ranga Reddy District (erstwhile Mahabubnagar District). As per the mutual transfer, his seniority has to be calculated from the date of mutual transfer, i.e., dated 23.04.2013. In the first two seniority lists, the said Ms.Sk.Shaheeda Gilani was placed at Sl.No.6050, and the petitioner was placed at Sl.No.3468. However, in the final seniority list, the said Ms.Sk.Shaheda Gilani was placed above the petitioner at Sl.No.1028, which is arbitrary and irrational.

(c) The petitioner’s seniority has been calculated from the date of inter-district mutual transfer and not from the date of appointment, and as such, she lost her seniority. One Yadagiri Reddy and Jayashree, who were appointed through DSC-2001 and who were on inter district transfer in the year 2005 to Ranga Reddy District (erstwhile Mahabubnagar) were placed above the petitioner. Meanwhile one C.J.Shaily Hepzibah, was appointed through DSC 2000 and placed at Sl.No.3304, whereas the petitioner is placed at 3349. The petitioner is aggrieved by the wrong calculation of seniority. There are many other persons whose seniority has been wrongly calculated, and by which the petitioner is made to suffer. The petitioner was allotted Sl.No.3349 purely on the ground of inter district transfer, still, ironic