In a significant development, a division bench of the Telangana High Court on Thursday extended the joining time for IPS officer Abhishek Mohanty, who was recently allotted to the Andhra Pradesh (AP) cadre, until Monday. The court also directed the Union Home Ministry to inform it by then whether it was aware of the Government Order (GO) 171 issued by the Telangana government in 2022. This order had moved Abhishek Mohanty to the Telangana cadre following rulings from the Central Administrative Tribunal (CAT) and the Telangana High Court.
The bench, consisting of Justice Abhinand Kumar Shavili and Justice E. Tirumala Devi, was hearing a petition filed by Abhishek Mohanty. He challenged the Ministry of Home Affairs’ (MHA) recent decision, which rejected his representation to retain him in Telangana and instead allocated him to the AP cadre. Mohanty’s counsel, P. S. Rajasekhar, argued that the officer was entitled to seek allocation to the Telangana cadre on the grounds of domicile. He criticized the authorities, including the Pratyush Sinha committee, for mishandling the matter, which led to his transfer to the AP cadre.
Rajasekhar pointed out that both the CAT and the Telangana High Court had previously ruled in favor of Mohanty, with the CAT instructing the Centre to allocate him to the Telangana cadre. Furthermore, the High Court had asked the Centre to consider all the relevant issues raised before making a final decision. However, Rajasekhar argued that the Centre failed to apply its mind properly and passed an order in a mechanical manner. He also noted that the Centre had appointed the Khandelkar committee to review the matter, which he claimed was outside the scope of the High Court’s order.
During the hearing, the bench observed that Abhishek Mohanty had already served in both the AP and Telangana cadres and was now being asked to return to AP again. “This is nothing but playing musical chairs,” the bench remarked. The court also questioned the urgency of sending Mohanty to AP before the resolution of the ongoing case. “He is your officer. Is there any urgency to send him to AP now even before the adjudication of his plea here?” the bench asked Additional Solicitor General B. Narasimha Sarma. The bench then directed Sarma to obtain instructions from the Centre by Monday on whether it would allow Mohanty to remain in Telangana until the petition was adjudicated.
Rajasekhar further pointed out the case of IFS officer Jauhari, where the Centre had implemented a CAT order without challenge. He argued that the Centre’s handling of Mohanty’s case was selective and inconsistent.
The case has garnered attention for its implications on the allocation of civil services officers to various states, especially in light of legal precedents and the jurisdictional conflicts surrounding cadre allotments. The Telangana High Court’s interim direction gives Abhishek Mohanty more time before any final decision is made, as the Centre is expected to provide clarity by Monday.
