Telangana High Court
Md Jakir Hussain vs The Government Ofteianganu on 18 July, 2024
HON'BLE SMT. JUSTICE T. MADHAVI `DEVI
WRIT PETITION (TR) No.6197 of 2017
ORDER:
In this writ petition, the petitioner is seeking a
declaration that the impugned proceedings dated 30.08.2015
of the respondent No.4-District Educational Officer, Adilabad,
in rejecting the case of the petitioner for repatriation to his
own District i.e., Warangal, without any application of mind,
though he was identified as a non-local candidate in the
earlier proposals forwarded to the respondent No.2-
Commissioner and Director of School Education, State of
Telangana, Hyderabad, as illegal, arbitrary, discriminatory and
violative of the principles of natural justice and to set aside the
same and consequently, to direct the respondents to repatriate
the petitioner to his native District of Warangal and to pass
such other order or orders.
2 i). The brief facts leading to the filing of O.A. No.2988 of
2016 before the Andhra Pradesh Administrative Tribunal,
Hyderabad, are that the petitioner was initially appointed as a
Secondary Grade Teacher on 19.01.1998 through DSC 1996
notification in non-local quota and he was posted to the
Government High School-II, Adilabad District. It is submitted
that later, the petitioner was promoted as a School Assistant
(Bio-Science) on 26.06.2003 and he was posted to Zilla
Parishad High School, Luxettipet, Adilabad District and he was
again transferred to the Government High School, Old
Kagaznagar, Adilabad on 11.11.2005 and from November 2005
the petitioner has been discharging his functions as a School
Assistant (Bio-Science) in the said school.
2. ii) It is submitted that in the year 2002, some of the non-
local teachers, who were appointed against the posts reserved
for locals in DSC-1994 and 1996, were repatriated to their
respective local cadres, vide G.O.Ms.Nos.119 and 120, School
Education (Ser.V) Department, dated 18.12.2007. Aggrieved
by the same, some of the candidates approached the Andhra
Pradesh Administrative Tribunal by filing OAs and the Full
Bench of the Tribunal dismissed their OAs on 23.04.2012
against which, they filed writ petitions before this Court in
W.P. No.13273 of 2012 and batch and they were partly allowed
by orders dated 21.11.2012 by setting aside the impugned
orders of the Tribunal and directing the respondents to redraw
the list of teachers by applying 70% of reservation in vacancies
for local candidates and 30% for open category in respect of
teacher posts in all the recruitments made and finalized prior
to 01.06.2001.
2. iii). It is submitted that after receipt of the said judgment of
this Court, some of the candidates approached the respondent
authorities for retention and some of them for repatriation.
The respondent No.4, accordingly, prepared a list as per the
orders of this Court and forwarded the same by proceedings
dated 09.01.2014 to the respondent No.2 for compliance of the
directions of this Court. In the said list, though the petitioner
was not a party to the writ petition, his request was considered
and his name was also included for repatriation to his native
District i.e., at Table No.2 and Sl.No.8, but the respondents
did not take any action thereafter. Therefore, the petitioner
has approached the A.P. Administrative Tribunal, by filing
O.A.No.5969 of 2014 and vide order dated 14.10.2014, the
Tribunal passed interim orders in the said O.A. directing the
respondent No.2 to pass appropriate orders on the proposals
forwarded by the respondent No.4. It is submitted that under
the threat of Contempt Case only, the respondent No.2 issued
the proceedings in Rc.No.2831/Ser.IV-2/2015, dated
12.03.2015, which were not in consonance with the proposals
of the respondent No.4 or orders of the Administrative
Tribunal, but the claim of the petitioner was rejected
mentioning that the petitioner is now promoted as a School
Assistant and therefore, he cannot be considered for
repatriation.
2. iv) Challenging the orders of the respondent No.2, dated
12.03.2015, the petitioner has filed another O.A.No.3201 of
2015 before the A.P. Administrative Tribunal. When the
matter came up for admission, the Tribunal directed the
respondents to indicate as to how and why the promotion of
the petitioner as a School Assistant is coming in the way of
repatriation and despite granting of sufficient time, the
respondents could not submit the information and therefore,
the Tribunal passed interim orders on 05.08.2015 in the said
O.A. directing the respondents to consider the case of the
petitioner for repatriation to his parent District i.e., Warangal
and to pass appropriate orders thereon, within a period of four
weeks from date of receipt of a copy of the order. Thereafter,
the respondent No.2 has passed the impugned order dated
30.08.2015 stating that the petitioner was erroneously shown
and was appointed under 70% OC-G quota whereas, he
should have been appointed under 30% BC-B quota.
Therefore, according to the respondents, the petitioner was
shown wrongly as a person selected under 70% OC-G quota
and it is not possible now to repatriate the petitioner to his
local district i.e., Warangal. Challenging the same, the present
O.A.No.2988 of 2016 has been filed by the petitioner.
Thereafter, on abolition of the Administrative Tribunal by the
Government, the said O.A. was transferred to this Court and it
has been renumbered as WP (TR) No.6197 of 2017.
3. Heard Sri C. Rajasekhar Reddy, learned counsel for the
petitioner and the learned Government Pleader for Services
appearing for the respondents. Perused the material placed on
record.
4. The learned counsel for the petitioner reiterated the
above submissions and has drawn the attention of this Court
to various documents wherein the name of the petitioner has
been shown as a local candidate of Warangal for repatriation
to his native District of Warangal.
5. The learned Government Pleader for Services,
appearing for the respondents, however, supported the
impugned order of the respondent No.2 dated 30.08.2015 and
also relied upon the averments made in the counter affidavit,
which are in support of the interim orders. The learned
Government Pleader also submitted that after passing the
interim orders in O.A.No.3201 of 2015, the respondent
authorities have redrawn and re-verified the facts and in that
process, it has come to their notice that the petitioner has
been wrongly shown under 70% quota OC-G category,
whereas he should have been considered under 30% BC-B
non-local quota. It is submitted that in view of the above, the
petitioner should be at Sl.No.361 (1) and 362, whereas the
petitioner has been shown as Sl.No.274 and thus, it is not
feasible to consider his case for repatriation to his native
District of Warangal.
6. Having regard to the rival contentions and the material
placed on record, this Court finds that the contentions raised
by the respondents in the impugned order, which are
supported by the averments made in the counter affidavit,
clearly demonstrate that there is a mistake committed by the
respondent authorities by showing the petitioner under 70%
OC-G category. But, it is to be seen that it is not the mistake
of the petitioner, and even if a mistake was committed by the
respondent authorities, the petitioner cannot be made to suffer
on account of such mistake. Further, trying to place the
petitioner at Sl.No.364 would also affect the seniority of the
petitioner. The petitioner admittedly had joined the service in
the year 1998 and at this late stage, if the seniority is to be
revised, it could not have been done without issuing any notice
to the petitioner. It is also noticed that the impugned
proceedings have been issued without issuing any notice to
the petitioner. Therefore, it is in blatant violation of the
principles of natural justice. The stand taken by the
respondent authorities in the earlier proceedings and in the
impugned proceedings is at variance to each other and
therefore, their stand cannot be sustained.
7. Accordingly, the writ petition is allowed and the
impugned order of the respondent No.4 dated 30.08.2015 is
hereby set aside and the respondents are directed to pass
appropriate orders with regard to the repatriation of the
petitioner to his native District of Warangal by retaining the
seniority at Sl.No.274 taking into consideration the proposals
of the respondent No.4, dated 09.01.2014. However, there
shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ
petition, shall stand closed.
_____________________________
JUSTICE T. MADHAVI DEVI
Date: 18.07.2024
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