Abhishek Mohanty will be in Telangana cadre till CAT gives its verdict: HC
A division bench of Justice Abhinand Kumar Shavili and Justice E. Tirumala Devi heard the petition filed by Mohanty, challenging the CAT decision that it was not inclined to give any interim relief to him
Hyderabad: In a huge relief to IPS officer Abhishek Mohanty, the Telangana High Court on Monday directed the Union government and the AP and Telangana governments to allow him to continue in the Telangana cadre, till the Central Administrative Tribunal (CAT) resolves his application challenging the Centre's decision to send him to AP cadre.
The court further directed the CAT Hyderabad bench to dispose of the application filed by Mohanty as expeditiously as possible. Till then, he will continue to work in Telangana.
A division bench of Justice Abhinand Kumar Shavili and Justice E. Tirumala Devi heard the petition filed by Mohanty, challenging the CAT decision that it was not inclined to give any interim relief to him.
Earlier, Mohanty approached CAT, challenging the Union government’s orders directing him to report in Andhra Pradesh. But, the tribunal issued notices to the government and was not inclined to give any interim relief. Hence Mohanty approached the High Court.
During the course of hearing, the High Court bench pointed out that the contention of Mohanty, who stated that his case fell on the same footing as that of Shiv Shankar Loheti. The IAS officer had challenged the Union home ministry’s order allocating him to Telangana, whereas his domicile was of Andhra Pradesh. The CAT, allowed his original application and he was allowed to work in Andhra Pradesh.
The bench told additional solicitor general B. Narasimha Sarma, that the union home ministry should look into the aspect of domicile of IAS/IPS officers and then take a decision in allocating them to the respective state. In this case, Mohanty’s domicile was in Telangana and by virtue of GO Rt. No. 583 dated 14-3-2022, he was continuing in Telangana.
At an earlier hearing, the bench had sought to know from the union govt, whether it was aware of the Telangana government's GO RT No 583 issued on Mar 14, 2022, taking Mohanty into Telangana cadre and whether the said GO had been considered while rejecting his representation for allotment of Telangana cadre to him on February 19, 2025.
On Monday, ASG Sarma appeared for MHA, and informed the court that the Centre was not aware of the GO. “It was marked to us but it never reached the ministry,” he said.
P.S. Rajasekhar, counsel for Mohanty, submitted that GO 583 is still in force because it was never challenged.
When the court asked the CAT to decide the case on merits, Sarma asked the court to mention that the tribunal adjudicate the plea in an expeditious manner without getting influenced by the High Court observations.
