Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Bifurcation of the State of Andhra Pradesh – Allocation of the respondent no.1 to the State of Telengana |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law – Bifurcation of the State of Andhra Pradesh – Allocation of the respondent no.1 to the State of Telengana – By an order dated 14.01.2016, the concerned Ministry, Government of India allotted the respondent to the State of Andhra Pradesh – High Court set aside the said order dated 14.01.2016 to allocate the respondent to the State of Telangana with effect from 14.01.2016 – On appeal, held: Admittedly, at the time of bifurcation of the State of Andhra Pradesh, the respondent no.1 was posted in an area which falls with Telangana – Respondent no.1 was required to exercise an option, which he admittedly did and opted State of Telangana – As per guidelines, allocable employees were to be considered on the basis of seniority as on 01.06.2014 – Respondent No.1 was senior most of the employees who opted for Telangana – Spouse of respondent no.1 was also a local of Telangana – On a possible interpretation of the Guidelines read with the Andhra Pradesh Public Employment Order 1975 and, in particular, paragraph 4 thereof, the High Court found that the Respondent No.1 was local candidate of the State of Telangana – Admittedly, respondent no.1 is a citizen of this country – As a citizen of India, the respondent has a fundamental right u/Art. 19(1)(e) to reside and settle in any part of the territory of India – The Andhra Pradesh State Reorganisation Act, 2014 or any other guidelines framed thereunder, including the guidelines circulated on 30.10.2014 cannot take away from citizens, the right to reside and settle in any part of the country – When a State is divided and the employees and officers of the State Government have to be allotted to the two states, such allocation has to be done on the basis of the Rules and Regulations and by guidelines – However, such rules, regulations and guidelines have to be construed harmoniously with the fundamental rights guaranteed under the Constitution of India – On a liberal interpretation of the guidelines dated 30.10.2014 in the light of the philosophy of the Indian Constitution read with Andhra Pradesh Public Employment Order, 1975, which was in force at the time of bifurcation is applicable to the respondent, the High Court rightly arrived at the conclusion that the respondent was a local candidate of Telangana and was entitled to allocation as per his seniority in terms of Paragraph 18(f) of the guidelines – Andhra Pradesh Reorganisation Act, 2014 – Andhra Pradesh Public Employment Order, 1975 – Constitution of India – Art. 19(1)(e). |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 956 |
Petitioner | The State Of Telangana & Anr |
Respondent | B. Subba Rayudu And Others |
SCR | [2022] 18 S.C.R. 351 |
Judgement Date | 2021-09-14 |
Case Number | 1565 |
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