Right to Residence cannot be curtailed by State Reorganization Act: SC

State of Telangana Vs B. Subba Rayudu and Others (Supreme Court of India)

Conclusion: The Hon’ble Supreme Court held that the Constitution of India prohibits the State from making any law which takes away or infringes the rights conferred by Part III of the Constitution of India and any law made in contravention of Article 13(2), to the extent of the contravention would be void. The Andhra Pradesh State Reorganisation Act, 2014 or any other guidelines framed thereunder, cannot take away from citizens, the right to reside and settle in any part of the country.

Facts: The present case arises from the Order of the Hon’ble High Court which was in favour of the present Respondents against which State of Telangana (Petitioner) have filed the Special Leave Petition. The facts of the case are that Hon’ble High Court set aside an order being F. No. 29/01/2016­SR(S) dated 14^th January 2016 of the Ministry of Personnel, PG and Pensions and directed the Ministry of Personnel, PG and Pensions to allocate the Respondent to the State of Telangana with effect from 14^th January 2016. The State of Telangana was directed to give a posting to the Respondent in the cadre of Joint Director ­Class A in the Animal Husbandry Department of the State of Telangana and also pay salary to the Respondent as Joint Director­Class A in the Animal Husbandry Department within four weeks from the date of the judgment and order.

The background of the case is that by a Notification No.S.O.655B dated 4^th March 2014, the Central Government notified the Andhra Pradesh Reorganisation Act, 2014 bifurcating the State of Andhra Pradesh into State of Telangana State of Andhra Pradesh with effect from 2nd June 2014. In terms of Section 80 of the said Act, the Central Government issued a Circular being F. No. 27/13/213/SRS dated 29^th October 2014 laying down guidelines for allocation of employees to the States of Telangana and Andhra Pradesh, respectively. By a Circular being G.O. Ms.312 dated 30^th October 2014, the Government of Andhra Pradesh circulated the approved Guidelines for final allocation of State Government Employees to All India Services under the Andhra Pradesh Reorganisation Act, 2014. The sanctioned strength of posts in the cadre of Joint Director ­Class A in the Animal Husbandry Department were 23, out of which, 13 posts were allotted to Andhra Pradesh and 10 posts were allotted to Telangana. At the time of bifurcation, two out of the 23 posts were vacant. On 7^th March 2015, the Respondent opted for allocation to the State of Telangana, but the Respondent was allotted to the State of Andhra Pradesh tentatively, to which the Respondent objected and filed Writ Petition before Hon’ble High Court which was allowed.

The Hon’ble Supreme Court after taking into consideration, the submissions from both sides, observed that the High Court found that the Respondent was actually working as Project Director, in the Agriculture Department of the State of Telangana, at the time when the State of Andhra Pradesh was bifurcated, the Respondent was allocated to the State of Andhra Pradesh. Further, it was observed that the allocation was also in contravention of the requirement of Clause (f) of Paragraph 18 directing that allocation shall be done in order of seniority as available.

Please become a Premium member. If you are already a Premium member, login here to access the full content.