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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
SK, J
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
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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
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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
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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
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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
SK, J
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
SK, J
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
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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
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(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.
SK, J
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
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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
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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.
sj
