HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.46161 OF 2022

ORDER:

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

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

“ …. to issue an order or orders or direction or writ more particularly in the nature of Mandamus declaring the action of the Respondents No.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara Dist, TS., to DMU Mulugu of Zone-I Kaleswaram to accommodate the Respondent No.4 in the petitioners place of working alleging mutual transfers vide. Proc.No.A1-21-2022, Dt.3-11-2022 issued by the Respondent No.3 in favor of the Respondent No.4 as illegal, arbitrary, discriminatory, unconstitutional, unjust, vindictive, baseless, unilateral and violative of the Articles 14 and 16 of the Constitution of India, the principles of natural justice and null and void and contrary to the Telengana Public Employment Organization of Local Cadres are Regulation of Direct Recruitment Order 2018 and Guide Lines issued in the GO. Ms. No. 317 GAD (SPF-I) Dept, Dt.6-12-2021 and consequently direct the Respondents to restore the petitioner to his working place of at DMU Nirmal, Zone - II, Basara Dist, TS., by shifting the Respondent No.4 to DMU Mulugu of Zone-I Kaleswaram or else create a supernumerary post to the Respondent No.4 as stated in the Proc.Rc.No.E2/215/2022, Dt.11-10-2022 issued by the Respondent No.2 to meet the ends of justice and pass...”

3. The case of the petitioner in brief is that as per G.O.Ms.No.317 GAD (SPF-I), Dept, Dated 06.12.2021 the petitioner had been allotted to the new local cadre Zone-II (Basara) from the erstwhile cadre Zone V, vide Proc. dated 25.12.2021 issued by the respondent No.3. Behind the back of the petitioner, the Respondent No.4 filed W.P. No. 10462 of 2022 before this Court declaring the action of the respondent No.2 in not considering the Appeal dated 25.01.2022 of the petitioner thereunder for transferring her from Zone-I Kaleswaram to Zone-II Basar as per her first option as illegal and consequently sought a direction to respondent No.2 to consider and dispose of the Appeal dated 25.01.2022 of the petitioner. Respondent No.2 had rejected the Appeal dated 25.01.2022. The petitioner herein submitted representations dated 11.11.2022 and 25.11.2022 to the respondent Nos.1 to 3 to restore the working place of the petitioner at DMU Nirmal Zone-II, Basara District by shifting the respondent No.4 to DMU Mulugu of Zone-I Kaleswaram. Aggrieved by the action of the respondent Nos.1 to 3 in effecting the transfer of the petitioner from the post of Senior Assistant from DMU Nirmal, Zone-II, Basara District to DMU Mulugu of Zone-I Kaleswaram, the petitioner approached the Court by filing the present writ petition.

4. I t is the specific case of the petitioner that respondent No.4 approached the Court on earlier occasion by filing W.P. No.10462 of 2022 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-