Telangana High Court
Latha Mangeshkar vs The District Educational Officer on 8 November, 2022
Bench: N.V.Shravan Kumar
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:
"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."
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
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.
