THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 12694 of 2025

ORDER

This Writ Petition is filed by the petitioner for the following relief:

“…to declare the Proceedings Rc.No.7205/83/2021, dated 17.04.2025 of the 1^st respondent herein as arbitrary. illegal, mala fide, discriminatory. unconstitutional, violating Articles 14. 16 & 21 of the Constitution of India, apart from contrary to Proceedings Rc.No.186/Ser.III-2021, dated 15.04.2025 issued by the 2nd respondent and set- aside the same and issue consequential directions directing the respondents 1 & 2 herein to forthwith consider the case of the Petitioner for posting as School Assistant (Bio Sciences). ZPHS, Dandampally. Nalgonda Mandal which is adjacent to her Mandal by considering the representation submitted by the Petitioner on 16.04.2025 and pass…”

2. Heard Sri P.V. Krishnaiah, learned counsel for the petitioner, the learned Government Pleader for Services-I for respondents No.1 to 3.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as Secondary Grade Teacher on 19.01.2002, through DSC-2001. Subsequently, petitioner was appointed as School Assistant (Bio Sciences) through DSC-2008. While the petitioner was working as a School Assistant (Bio Sciences) at Dandampally, Nalgonda Mandal, she was transferred to ZPHS, Kompally, Mungode Mandal on 12.07.2012. And while the petitioner was working as a School Assistant (Bio Sciences) at ZPHS, Kompally, Mungode Mandal, she was posted as a Coordinator (Gender & Equity) on deputation by proceedings, dated 15.12.2021.

3(i) Learned counsel for the petitioner further submits that the petitioner completed 9 years and 4 months of service at ZP High School Kompally, Mungode Mandal as School Assistant (Bio Sciences). After completion of three years Foreign Service (Deputation) as a Coordinator (Gender & Equity) under the jurisdiction of the 1^st respondent, the petitioner requested for repatriation to her parent Department and made a representation to that effect on 05.03.2025 to the 1^st respondent. In pursuance of the said request, the 2^nd respondent, by proceedings dated 15.04.2025, repatriated the petitioner to her parent Department.

3(ii) Learned counsel for the petitioner further submits that while repatriating the petitioner and 3 others, the 2nd respondent requested the 1^st respondent to issue posting orders to the individuals. After receiving the aforesaid repatriation orders, the petitioner made a request to the 1^st respondent on 16.04.2025 bringing to the notice of the 1st respondent that she worked in his previous School, ZP High School, Kompally, Mungode Mandal where she completed 9 years of service and the post is not vacant. Therefore, requested to consider her case for posting in the adjacent Mandal where the vacancy is existing in the cadre of School Assistant (Bio Sciences) ZPHS, Dandampally, Nalgonda Mandal, as per the guidelines issued by the 2^nd respondent, while issuing repatriation orders dated 15.04.2025.

3(iii) Learned counsel for the petitioner further submits that the respondents No.1 and 2 may be directed to consider the case of the petitioner for posting as a School Assistant (Bio Sciences) in the existing vacancy at ZPHS, Dandampally, Nalgonda Mandal.

4. On the other hand, learned counsel for the respondents, on instructions from District Educational Officer, Nalgonda, submits that the District Educational Officers concerned shall issue posting orders to the individual at the time of joining by the individual in parent department by ensuring following points:

a. Posting in the same school from where the individual was deputed to work on deputation under SS.

b. If there is no vacancy in the same school, then he / she has to be posted in the same Mandal.

c. If there is no vacancy in the same Mandal, he / she has to be posted in adjacent Mandal.

4(i) Learned counsel for the respondents further submits that there is no vacancy in the same place and the petitioner’s c