Telangana High Court
Banothu Krishna vs The State Of Telangana on 26 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE K.SARATH
W.P.No.14151 of 2025
Date:26.03.2026
Between:
Banothu Krishna.
...Petitioners
And
The State of Telangana and others.
...Respondents
ORDER:
Heard Sri Nayakawadi Ramesh, learned counsel for the petitioner and Smt M. Shalini, learned Government Pleader for Services-II for the respondent Nos.1 to 5 and Smt R. Madavilatha, learned standing Counsel for the respondent No.6.
2. This writ petition is filed questioning the order passed by the respondent No.3 in Proc.No.A1/2049/2024- Pts, dated 07.02.2025 in transferring the petitioner from Gram Panchayat, Venkataraopalli of Ramagiri Mandal to Gram Panchayat, Mirzampata as illegal and arbitrary and 2 SK, J W.P.No.14151 of 2025 to direct the respondents to consider the claim of petitioner for absorption into Municipal service in view of merging of Venkataraopalli Gram Panchayat of Ramagiri Mandal into Municipal Corporation, Ramagudam with consequential benefits.
3. Learned Counsel for the petitioner submits that the petitioner while working as Panchayat Secretary Grade-IV in Gram Panchayat Kundanapalli was transferred and posted to Gram Panchayat Venkataraopalli, Ramagiri Mandal vide Proc.No.A1/1511/2024-Pts, dated 19.07.2024. While it being so, as per the letter dated 07.10.2024 addressed by the respondent No.4, the MPDO of Ramnagiri Mandal has furnished the proposals of Venkataraopalli Gram Panchayat for merging into Municipal Corporation, Ramagundam. In the meantime, Election Notification for MLC's election was issued on 29.01.2025 and in spite of ban on transfers, the respondent No.3 issued the impugned proceedings No.A1/2049/2024-Pts, dated 07.02.2025 transferring the petitioner from Gram Panchayat Venkataraopalli of 3 SK, J W.P.No.14151 of 2025 Ramagiri Mandal to Gram Panchayat, Mirzampeta of Srirampur Mandal and he was relieved on the next day to report before the MPDO Srirampur Mandal.
4. Learned Counsel for the petitioner further submits that the respondent No.3 addressed a letter in Rc.No.A1/220/2025-Pts dated 17.02.2025 to the respondent No.2 stating that proposals were submitted for merging Gram Panchayat, Venkataraopalli (Ramagiri Mandal) and other Gram Panchayats into the Ramagundam Municipal Corporation of Peddapalli District. In view of the said proposals, the petitioner's name was shown at Sl.No.5 for absorption into Municipal Corporation. He made a representation dated 07.04.2025 to the respondent No.3 for continuation in Venkataraopalli Gram Panchayat to enable him to work in Municipal Corporation due to ill health of his old age parents, but no action has been taken. In the meantime, the Government issued Gazette Act No.17 of 2025 dated 15.04.2025 for merging the various Gram Panchayats in Municipalities/Municipal Corporations and the Gram 4 SK, J W.P.No.14151 of 2025 Panchayat Venkataraopally also merged into Ramagundam Municipal Corporation. The Government issued Memo dated 17.05.2025 directing the Director, Panchayat Raj and Rural Employment that the regular Panchayat Secretaries working in Gram Panchayats which were merged in Municipalities to be retained in Panchayat Raj Department. The Director, Panchayat Raj and Rural Employment issued Memo dated 30.05.2025 directing the District Collector to implement the said Government orders. Challenging the same, the Panchayath Secretaries of merged Gram Panchayat in Municipalities have filed W.P.No.15547 of 2025, wherein this Court has granted interim order on 10.06.2025. By implementing the orders of this Court, the Government issued Memo dated 19.11.2025 absorbing the merged Panchayat Secretaries into Municipalities by calling their options.
5. Learned Counsel for the petitioner further submits that as the petitioner was transferred from Gram Panchayat Venkataraopalli of Ramagiri Mandal to Gram Panchayat Mirzampeta of Srirampur Mandal contrary to 5 SK, J W.P.No.14151 of 2025 the ban on transfers as per G.O.Ms.No.87 Finance (HRM-I) Department dated 31.07.2024 and election Code by virtue of MLC elections, he denied the opportunity of absorption into Municipal Corporation. He further submits that in view of the Memo dated 19.11.2025, the petitioner is entitled for absorption into Municipal Corporation and requested to allow the writ petition by setting aside the impugned order and direct the respondents to consider his claim for absorption into Municipal service.
6. Learned Government Pleader for Services-II basing on the counter submits that there was no ban in connection with the conduct of MLC elections in respect of Panchayat Secretaries by the Election Commission and the transfer of petitioner was considered in terms of G.O.Ms.No.80 Finance Department dated 03.07.2024 vide Proc.No.A1/2049/2024-Pts dated 07.02.2025. The petitioner was transferred and posted to Gram Panchayat Meerzampet on administrative grounds and relieved on 08.02.2025, but his name was shown in the cadre of the sanctioned post for that Gram Panchayat and it cannot be 6 SK, J W.P.No.14151 of 2025 construed/treated that the petitioner was worked as Panchayat Secretary at Gram Panchayat Venkatraopalli as on the date of merging of Gram Panchayat in Municipal Corporation. Further, the respondent No.2 vide Ref.No.CPRRE-D1/ESST/SRMT/38/ 2025 dated 07.04.2025 issued clarification regarding adjustment of six Panchayat Secretaries i.e., Panchayat Secretary of Grade-I and Panchayat Secretaries of Grade-IV to retain in Peddapalli District only by way of transfer in the existing vacancies and the petitioner and other Panchayat Secretaries have joined in the existing vacancies. In view of the said clarification, the representation of petitioner dated 07.04.2025 cannot be considered and issued endorsement to the petitioner regarding the said clarification letter.
7. Learned Government Pleader for Services-II further submits that pending proposal to merge Gram Panchayat Venkataraopalli in Ramagundam Municipal Corporation, there is no provision to continue the petitioner in the same place and his transfer was made on administrative 7 SK, J W.P.No.14151 of 2025 grounds. She submits that the Government issued Memo No.PRRD-MZAD/7/192/2025 dated 17.05.2025 and the Commissioner of Panchayat Raj and Rural Employment issued consequential Memo No.CPRRE-2/Esst/SRMT/15/ 2025 dated 30.05.2025 and directed to retain Panchayat Secretaries in Panchayat Raj Department and they should be adjusted by transfer within District/Zone and the non- regular employees, outsourcing or contract who are being paid from Gram Panchayat funds be automatically absorbed in Municipal Administration Department and informed the District Panchayat Officers to take action as per the instructions.
8. Learned Government Pleader for Services-II has not disputed the submission of the learned counsel for the petitioner with regard to the proceedings issued by the respondent authorities through Memo No.CPRRE- D2/ESST/SRMT/15/2025 dated 19.11.2025 for calling Option Forms of all the regular employees of the Gram Panhayat for absorption of their services in Municipal Administration Department after filing of counter in the 8 SK, J W.P.No.14151 of 2025 instant writ petition. But, submits that the petitioner was not in service as Panchayat Secretary of Venkataraopalli Gram Panchayat which was merged in Ramagundam Municipal Corporation on 15.04.2025 and in view of the same, the question of granting retrospective relief for the petitioner in submitting option forms for absorption of his services in Municipal Administration Department does not arise and the writ petition is devoid of merits and is liable to be dismissed.
9. After hearing both sides and perusing the material on record, this Court is of the considered view that in the instant writ petition, the petitioner is questioning the transfer order issued by the respondent No.3 in Proc.No.A1/2049/2024-Pts, dated 07.02.2025 on the ground that the said transfer is contrary to the election code in pursuance of Biennial election to the Legislative Councils of Andhra Pradesh and Telangana from Graduates' and Teachers' Constituencies from 29.01.2025 to 27.02.2025 and also contrary to G.O.Ms.No.87 Finance (HRM-I) Department dated 31.07.2024. The petitioner while 9 SK, J W.P.No.14151 of 2025 working as Gram Panchayat Secretary of Venkataraopalli, Ramagiri Mandal was transferred to the Gram Panchayat, Mirzampeta of Srirampur Mandal on administrative grounds by the impugned order vide Proc.No.A1/2049/2024-Pts dated 07.02.2025.
10. The other contention of the petitioner is that before his transfer, there was a proposal for merging of Venkataraopalli Gram Panchayat to Ramagundam Municipal Corporation and all the employees were absorbed in the Municipal Administration Department. The respondent No.3 has purposefully transferred the petitioner from the Gram Panchayat, Venkataraopalli to Gram Panchayat, Mirzampeta without giving opportunity to make application for absorption of his services in the Municipal Corporation.
11. In the counter, the respondents have contended that the transfer of petitioner is in consonance with the G.O.Ms.No.80 Finance (HRM.I) Department dated 03.07.2024. The said contention is contrary to the ban on transfer of employees as per G.O.Ms.No.87 Finance 10 SK, J W.P.No.14151 of 2025 (HRM-I) Department dated 31.07.2024. The ban on transfer of employees was relaxed in G.O.Ms.No.80 Finance (HRM.I) Department dated 03.07.2024 and was superseded by G.O.Ms.No.87 Finance (HRM-I) Department dated 31.07.2024. If the respondents want to transfer any employee, they have to obtain concurrence from the Finance Department and the relevant portion of G.O.Ms.No.87 Finance (HRM-I) Department dated 31.07.2024 is as follows;
"In respect of the existing vacancies to be filled for administrative efficiency, the same shall be filled with persons who have completed one year of active service at their present station, duly submitting proper justification of the proposal for obtaining the concurrence of Finance Department".
In the instant case, the petitioner was transferred within active service period of one year i.e., worked in Gram Panchayat Venkataraopalli from 19.07.2024 to 07.02.2025 and the respondent No.3 without obtaining any concurrence of the Finance Department issued the impugned order and the same is liable to be set aside. 11
SK, J W.P.No.14151 of 2025
12. The other contention of the respondents is that the election code is not apply to the Gram Panchayat Secretaries is not acceptable as the election code applies to all the employees and any transfer during election code cannot be permitted except prior approval from the Election Commission. In view of the same, the impugned transfer order is liable to be set aside.
13. Once this Court has set aside the impugned transfer order, the petitioner has to be treated as Gram Panchayat Secretary of Venkataraopalli of Ramagiri Mandal as on the date of merging of the said Gram Panchayat into Ramagundam Municipal Corporation i.e., 15.04.2025. Pending the writ petition, the respondent No.2 has issued Memo No.CPRRE-D2/ESST/SRMT/15/2025 dated 30.05.2025 for retaining the employees of the Gram Panchayats which were merged into Municipal Administration Department in Panchayat Raj Department and the same was the subject matter in W.P.No.15547 of 2025, wherein this Court has granted interim order on 10.06.2025. Thereafter, the respondent No.2 has 12 SK, J W.P.No.14151 of 2025 issued Memo No.CPRRE-D2/ESST/SRMT/15/2025 dated 19.11.2025 to furnish Option Form of all the regular employees working against the sanctioned posts in the Gram Panchayats which were merged into the Municipality/Municipal Corporation who are working by the time of merger and willing to absorb in Municipal Administration Department for taking further necessary action in the matter. In response to the same, the District Collector has received Option Forms from all the employees including Panchayat Secretaries except the petitioner and their services were absorbed into Municipal Administration Department. In view of the same, the respondent authorities have to give opportunity to the petitioner to submit Option Form in pursuance to the Memo dated 19.11.2025 and consider his case on par with the other Gram Panchayat Secretaries for absorbing his services in the Municipal Administration Department.
14. In view of the above findings, the Writ Petition is disposed of by setting aside the Proce.No.A1/2049/2024- Pts dated 07.02.2025 and the respondent authorities are 13 SK, J W.P.No.14151 of 2025 directed to permit the petitioner to submit his Option Form to absorb his services from Panchayat Raj Department to Municipal Administration Department on par with the other regular employees of the merged Gram Panchayats in Ramagundam Municipal Corporation in pursuance to Memo No.CPRRE-D2/ESST/SRMT/15/2025 dated 19.11.2025 issued by the respondent No.2 and pass appropriate orders within eight (8) weeks thereafter and communicate the same to the petitioner. No order as to costs.
15. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
_____________________ JUSTICE K.SARATH Date:26.03.2026.
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