UZMA NIKHATH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned Government Pleader for the State of Andhra Pradesh and the learned Government Pleader for the State of Telangana.

(2.) The petitioner was employed as Senior Assistant in the office of the Director General & Inspector General of Prisons in the combined State of Andhra Pradesh before the coming into force of the Andhra Pradesh Reorganisation Act, 2014. As a result of the bifurcation, she has been allotted to the State of Andhra Pradesh. The claim of the petitioner is that she is entitled to be protected from being allotted to the State of Andhra Pradesh and is eligible to continue to be in the State of Telangana on the basis of sub-clauses (k) and (l) of Clause 18 of the Guidelines relating to allocation of State Services Employees approved by the Government of India, Ministry of Personnel, P.G & Pensions Department of Personnel & Training, issued on 29.10.2014.

(3.) The undisputed fact is that the petitioner's husband is working as Scientific Assistant "B" in Indian National Centre for Ocean Information Services, an institution under the control of Ministry of Earth Sciences of Government of India. The short issue that arises for decision in this case is as to whether such officiation of the petitioner's spouse is sufficient to make her eligible to claim the protection under the aforesaid sub-clauses (k) and (l) of Clause 18 of the guidelines.