Telangana High Court on Friday sought to know from the Union government the points on which the Central Administrative Tribunal-Hyderabad erred in its order allowing IAS officer Somesh Kumar, who was allocated to Andhra Pradesh cadre following the bifurcation of the State, to continue with Telangana State.
A bench of justices Ujjal Bhuyan and Surepalli Nanda wanted the Central government and the Department of Personnel and Training to explain on what points the Tribunal order can be set aside. The bench was hearing a batch of writ petitions filed by the Central government challenging the Tribunal directions allowing 15 All India Service (AIS) officers to continue to serve Telangana State even after they were allocated to residuary Andhra Pradesh State in compliance with A.P. Reorganisation Act.
Additional Solicitor General Suryakaran Reddy, who presented contentions on behalf of the Union government the previous day, continued his arguments on Friday. Referring to Somesh Kumar’s objection about non-inclusion of the then chief secretary of the undivided AP State P.K. Mohanty in the list of officers to be allocated to the two Telugu States, the ASG argued that Mr. Mohanty’s name was not included since he was retiring from service at midnight of June 1, 2014.
Separate Telangana State came into existence from June 2, 2014. But Mr. Mohanty would not be available to serve any State due to his superannuation. Hence, his name was not included in the list of officials to be divided between the two States, the ASG explained. Mr. Mohanty became an ex-officio members of the committee overseeing allocation of officers by virtue of he being the then chief secretary, Mr. Suryakaran Reddy contended.
He refuted Mr. Somesh Kumar’s contention that Mr. Mohanty was an interested party since the latter’s family members were among the list of officers to be divided between the two States. The officers were allocated on the basis of the guidelines framed by a five-member committee but not at the discretion of any single authority, he argued.
In a counter affidavit filed by the State government, represented by General Administration Department principal secretary, it was stated that the Tribunal gave directions allowing the AIS officers to continue in Telangana since it ‘did not want to unsettle the settled things’. The principal secretary said in the counter affidavit that serious disputes relating to seniority and alteration of strength of AIS officers of both the States would arise if the officers were again allotted to Andhra Pradesh.
Hearing of the pleas would continue on Monday.
