HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.40825 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the respondents. With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking a writ of mandamus to declare the action of the respondent No.1 in retaining and continuing the petitioner in Rangareddy District contrary to the option exercised by her to Medchal-Malkajigiri District under preferential category of widow and not extending the benefit under preferential category as per GO Ms No.317, dated 06.12.2021 by discriminating among the widows is totally unjustified and contrary to the judgment in WP No.9798 of 2022, dated 23.02.2022, unlawful and inhumane and consequently declare that petitioner is entitled for allotting to Medchal-Malkajigiri district under preferential category of Widow as per her option with all consequential benefits.
3. The learned counsel for the petitioner submits that in similar circumstances, this Court on 21.03.2022 in I.A. No.1 of 2022 in W.P. No.14193 of 2022 passed the following order, which reads as under: 2
"Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents and perused the record.
Petitioner contends that she was appointed on regular basis and she is a widow, due to the death of her husband on 07.06.2021. In furtherance of G.O.Ms.No.317, General Administration (SPF-I) Department, dated 06.12.2021, petitioner has been issued with the impugned proceedings dt.23.12,2021 allotting her to the new local cadre district of Jagityal and also issued order dt.06.01.2022 posting her to work at ZPHS, Endapalli, Velgatur Mandal, Jagityal District. Aggrieved thereby, petitioner claims to have submitted a representation to the 4th respondent by post on 16.03.2022 and that the said representation is pending consideration as of date.
Petitioner further contends that her case needs to be considered in terms of the interim order passed by a Division Bench of this Court, in W.P.No.9798 of 2022, dated 23.02.2022, wherein the Division Bench interdicted the respondents in applying Guideline No.22 of G.O.Ms. No.317, General Administration (SPF-I) Department, dated 06.12.2021, 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 either appointed on regular basis or on compassionate grounds.
Since the petitioner had submitted a representation against the impugned allocation order issued by the respondents, this Court is of the view that the respondents can be directed to dispose of the said representation in a time bound manner, in terms of the above order passed by the Division Bench in W.P.No.9798 of 2022.
In view of the same, the 4th respondent is hereby directed to consider and dispose of the representation submitted by the petitioner on or before 30.04.2022, in terms of the order passed by the Division Bench of this Court, in W.P.No.9798 of 2022 dated 23.02.2022, in accordance with law and communicate his decision to the petitioner."
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4. Learned counsel for the petitioner submits that in view of the order passed by this Court on 21.03.2022 in I.A. No.1 of 2022 in WP No.14193 of 2022, the present writ petition may also be disposed in term of order passed in I.A. No.1 of 2022 in W.P. No.14193 of 2022, 21.03.2022.
5. Learned Government Pleader for Services-I has also not disputed about the said facts and further submits that petitioner has not made representation/application to respondent authorities submitting her grievances and further submits that, if any representation/application is made by the petitioner, the respondent authorities may be directed to consider the said representation and pass appropriate orders in accordance with law.
6. At this stage, learned counsel for the petitioner submits this Court to give liberty to petitioner to make representation/application to respondent authorities submitting all her grievances and pray this Court to consider the case of petitioner and dispose the present writ petition in terms of the I.A. No.1 of 2022 in W.P. No.14193 of 2022, dated 21.03.2022.
7. In view of the submission made by learned counsel for the petitioner and learned Government Pleader for Services-I, this writ petition is disposed of with a liberty to petitioner to make fresh representation/application to respondent authorities submitting all her 4 grievances within a period of two (2) weeks from the date of receipt of copy of this order and respondent authorities thereafter are directed to dispose the petitioner's representation in terms of the order passed by this Court in IA No.1 of 2022 in WP No.14193 of 2022, dated 21.03.2022 by giving fair opportunity of hearing to the petitioner and pass appropriate orders strictly in accordance with law within a period of three (3) weeks from the date of receipt of said representation and communicate the same to the petitioner.
8. Accordingly, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ N.V.SHRAVAN KUMAR,J Date: 08.11.2022 SHA Note: Issue CC in four days.