HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.10462 OF 2022

ORDER:

Heard Sri Shaik Karimulla, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I I , appearing on behalf of respondent Nos.1 to 3 and Sri M. Pratheek Reddy, learned counsel appearing on behalf of proposed respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“ …. to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 not considering and disposing off the Appeal dated 25/01/2022 made by the Petitioner for transferring her post from Zone-I Kaleshwaram to Zone-II Basar, as per her First Option, as illegal, unjust, arbitrary arid violates of Articles 14 and 16 of the Constitution of India contrary to in accordance with the Telangana Public Employment (Organization of Local Cadres are Regulation of Direct Recruitment) Order, 2018 and guidelines issued in G.O.Ms.No.317 GAD (SPF-1) Dept., Dt. 06/12/2021 and consequently direct the Respondent No.2 to consider and dispose off the Appeal dated 25/01/2022 submitted by the Petitioner for transferring her post from Zone-I Kaleshwaram to Zone-II Basar in accordance with the Telangana Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2018 and guidelines issued in G.O.Ms.No.317 GAD (SPF-1) Dept., Dt. 06/12/2021 and to pass...”.

3. The case of the petitioner in brief is that the petitioner’s husband died on 31.07.1993 while in service in Respondent Department, subsequently the petitioner had been appointed as Junior Assistant on compassionate grounds on 28.05.1997 and thereafter the petitioner was promoted as Senior Assistant in Zone-V cadre. The respondent authorities have allotted the petitioner to new local cadre Zone-I Kaleshwaram vide proceedings dated 25.12.2021 and vide letter, dated 08.01.2022, petitioner opted her First option to the new Local Cadre Zone-II Basar. Petitioner had even preferred appeal before the respondent authorities on 25.01.2022 challenging the allotment order contending that as per G.O.Ms.No.317, dated 06.12.2021 preference for Widow appointed on compassionate grounds should be given priority under special category. However, petitioner joined her duty at Zone-I Kaleshwaram but the respondents did not consider the request of the petitioner. Aggrieved thereby the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD.

(A) The interim order of this Court dated

28.02.2022 passed in I .A. No.1 of 2022 is extracted hereunder "Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents and perused the record.

Petitioner contends that she was appointed as Junior Assistant, on compassionate grounds, on 28.05.1997, and was allotted to the erstwhile local cadre of Zone V; that while implementing G.O.Ms. No.3l7 General Administration (SPF-I) Department, dated 06.12.2021, the respondents have allotted the petitioner to Zone I - Kaleshwaram, vide order dated 25.12.2021, ignoring the fact that her appointment is under compassionate grounds and that her posting from the existing place of working will result in disturbance to her family members, who are already in trauma and that her case has to be considered in terms of Guideline No.22 of the above said G.O.

Petitioner further contends that, in similar circumstances, a Division Bench of this Court, in W.P. No.9798 of 2022 by order dated 23.02.2022, interdicted the respondents in applying Guideline No.22 only to widows, who were granted employment on compassionate ground and not to other widows and held that there cannot be any discrimination between widows, with further relief of staying the impugned proceedings therein. Petitioner thus contends that her case is to be considered, since her appointment itself is on compassionate ground, which is covered by Guideline No.22 of G