SHAIK RAHMED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) By Memo dated 17.11.2015, the Government of Telangana, through its Principal Secretary, Revenue (Excise-I) Department, informed the Commissioner of Prohibition and Excise, Telangana, Hyderabad, that the request of the petitioner herein, an Excise Constable, seeking inter-State transfer from Prakasam District to Ranga Reddy District on spousal grounds under para 5(2)(c) of the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (for brevity, 'the Presidential Order'), was not feasible for consideration. The petitioner assails the aforestated Memo dated 17.11.2015 on the ground that it is contrary to the G.O.Rt.No.450, Revenue (Excise-I) Department, dated 17.04.2014 issued by the Government of the erstwhile combined State of Andhra Pradesh. He seeks a consequential direction to the authorities to forthwith transfer him from Prakasam District to Ranga Reddy District pursuant to the said G.O.

(2.) The petitioner entered service of the State as a Special Police Constable in the year 1995. He was deputed to work as an Excise Constable in Ranga Reddy District in the year 1996. His wife was working as a teacher in Ranga Reddy District at that point of time. He was absorbed in the Excise Department in 2009, along with nearly 2000 APSP constables who were similarly situated. After his absorption, the petitioner was allotted to Prakasam District, his native District, on the ground that the post of Excise Constable was a District Cadre Post. He was accordingly shifted to Prakasam District and worked there from 2009 onwards. His wife however continued to work as a teacher in Ranga Reddy District as that post was also a District Cadre Post and was non-transferable to any other District.

(3.) As the Government was empowered under para 5(2)(c) of the Presidential Order to effect inter-district transfers on spousal grounds, the petitioner requested for such a transfer. Aggrieved by the inaction of the authorities in that regard, he filed O.A.No.5218 of 2013 before the Andhra Pradesh Administrative Tribunal. The said O.A. was allowed on 09.07.2013. Aggrieved thereby, the Commissioner of Prohibition and Excise of the then State of Andhra Pradesh approached the High Court by way of W.P.No.35132 of 2013 challenging the said order. The writ petition was disposed of, vide order dated 22.01.2014, directing the authorities to pass appropriate orders on the petitioner's representation within a time frame. After institution of contempt proceedings in relation to the aforestated order, the Government of the erstwhile State of Andhra Pradesh issued G.O.Rt.No.450 dated 17.04.2014 according permission to the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad, to effect the inter local cadre transfer of the petitioner from Prakasam District to Ranga Reddy District in one of the existing clear vacancies on spousal grounds under para 5(2)(c) of the Presidential Order subject to his taking the last rank, i.e., next to the last regular candidate in the cadre of the Prohibition and Excise Constable and subject to his forgoing his seniority in Prakasam District. The Commissioner of Prohibition and Excise, Andhra Pradesh, was requested to obtain an undertaking from the petitioner and issue proceedings accordingly.