THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 46152 OF 2022

Between:

Durgam Laxmi, W/o Jadi Murali, Occ School Assistant (English) ZPSS Rajura, Mandal -Khanapur Nirmal District, Telangana

...PETITIONER

AND

• 1. The Chief Secretary, State of Telangana Secretariat, Hyderabad, Telangana
• 2. The Principal Secretary, School Education Department, Telangana Secretariat, Hyderabad
• 3. The Commissioner and Director of School Education, Govt of Telangana Saifabad, Khairtabad, Hyderabad,
• 4. The District Collector, Adilabad District Rickshaw Colony, Adilabad(U), Telangana 504001
• 5. District Education Officer (D.E.O.), Adilabad district, Adilabad, Telangana

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ OF MANDAMUS declaring inaction of Respondents on Petitioners representations dated $12/11/2022$ to reconsider the rejection of seniority appeal of the Petitioner for the reallocation to the Mancherial District is an illegal, arbitrary and violation of article 21, against the principle of natural Justice Consequently direct the respondents to consider petitioner's representations dated 12/11/2022 requesting to allocate the Petitioner to the Mancherial district according to her eligibility.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent to consider the representation of the Petitioner dated 12/11/2022 requesting to reallocate the Petitioner to Mancherial District under seniority as per the prescribed rules in the G.O.MS No. 317 dated 06/12/2022.

Counsel for the Petitioner: Counsel for the Respondents: The Court made the following:

SRI. B KARTHIK NAVAYAN GP FOR SCHOOL EDUCATION

$[3252]$

HON'BLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION No.46152 OF 2022

ORDER:

Heard the learned counsel for the petitioner and learned Assistant Government Pleader.

2. The last para of Memo No.Spl/SecretaryPeshi/ 2021-SP350, dated 02.11.2022 reads as under:

"The general cut off for getting allotment to the new local cadre of Mancherial district is at SI.No.(329) in the seniority list whereas the petitioner is at SI.No.(349) in the seniority list. Hence, it is not feasible to consider the appeal of the petitioner to allot her to the new local cadre of Mancherial district as there are (06) seniors to the petitioner who have given their first preference to the new local cadre of Mancherial district but were allotted to other new local cadres. The appeal of the petitioner is hence rejected."

$3.$ The limited relief which the petitioner seeks in the present writ petition is a direction to the $5^th$ respondent to consider the petitioner's representation dated 12.11.2022 and pass appropriate orders, in accordance to law.

A bare perusal of the contents of the representation 4. dated 12.11.2022 clearly indicate that the petitioner requested to be reallocated to Mancherial District from Nirmal District on seniority grounds, since the petitioner name figures at Sl.No.348 and juniors to the petitioner, who figure at

Sl.Nos.361, 396, 400 and 404 were allocated to Mancherial District. However, thc petitioner's request was rejected illegally on 02.1I.2022. It is further stated in the petitioner's dated 02,11.2022 the petitioner's request tras rejected on the ground that the general cut-off seniority number is 329 for the Mancherial District, but however, the same is factually incorrect since the petitioner's juniors who figured at Serial No.361, 396,400 and 404 were allocated to lvlancherial District. representation dated L2.1t.2022, that as per the proceedings

5, Taking into consideration the submissions made by the learned counsel for the petitioner and contents of the representation dated LZ.LL.2022, the Writ petition is disposed of directing the District Educational Officer (Erstwhile) Adilabad, to reconsider the rejection of appeal vide the memo No.Spl/SecretaryPeshi/ 2021-SP35O, dated O2.LL.2O22 of the 1"t respondent herein duly considering the petitioner's representation dated 12.11.2022, within a period of four (04) weeks from the date of receipt of copy of this order, in accordance to law and pass appropriate orders, duly

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communicating the said decision to the petitioner.

However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

SD/- P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR

SECTION OFFICER

//TRUE COPY//

To,

• 1. The Chief Secretary, State of Telangana Secretariat, Hyderabad, Telangana
• 2. The Principal Secretary, School Education Department, Telangana Secretariat, Hyderabad
• 3. The Commissioner and Director of School Education, Government of Telangana Saifabad, Khairtabad, Hyderabad,
• 4. The District Collector, Adilabad District Rickshaw Colony, Adilabad(U), Telangana 504001.
• 5. District Education Officer (D.E.O.), Adilabad district, Adilabad, Telangana
• 6. One CC to SRI. B KARTHIK NAVAYAN Advocate [OPUC]
• 7. Two CCs to GP FOR SCHOOL EDUCATION, High Court for the State of Telangana. [OUT]
• 8. Two CD Copies

HIGH COURT

$SN, J$

DATED: 27/12/2022

ORDER

WP.No.46152 of 2022