P.Yoganand vs The District Educational Officer

Citation : 2021 Latest Caselaw 335 Tel
Judgement Date : 8 February, 2021

Telangana High Court
P.Yoganand vs The District Educational Officer on 8 February, 2021
Bench: P Naveen Rao
          HONOURABLE SRI JUSTICE P. NAVEEN RAO

                WRIT PETITION No.2583 of 2021

                         Date:08.02.2021

Between:
P.Yoganand S/o.Saidulu, aged about 45 years,
School Assistant (Maths), Z.P.High School, Yacharam,
Anumula Mandal, Nalgonda District.
                                                         Petitioner

                                And
The District Educational Officer
Nalgonda Dist & others
                                                       Respondents




The Court made the following:
                     HONOURABLE SRI JUSTICE P. NAVEEN RAO

                          WRIT PETITION No.2583 of 2021

ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Services I.

2. Petitioner is directly recruited as School Assistant in the year 2001. Petitioner is aggrieved by placement assigned to him in the seniority list of School Assistant recruited in the year 2001. Petitioner submitted his objections against his placement in seniority list on 18.1.2021. According to petitioner, though petitioner has secured higher merit in the selections conducted by the District Selection Committee, seniority was not assigned in accordance with the merit determined at the time of selection and lesser meritorious candidates were shown above him, which is ex-facie illegal. According to petitioner, the roster for reservation to various social groups in direct recruitment cannot be the basis to determine the inter se seniority and the principle of law is well settled.

3. Learned counsel for petitioner points out that in the objections filed by petitioner, he has also enclosed judgment rendered by Division Bench of this court on 24.1.2014. He has also enclosed the merit list drawn at the time of selections made in the year 2001. Learned counsel for petitioner apprehends that without considering the objections, respondents are in the process of finalization of seniority list and in such an event, grave prejudice would be caused to him.

4. On instructions, learned Assistant Government Pleader submits that respondents are in the process of considering the objections submitted by the aggrieved persons and shall consider all the objections including the objections raised by the petitioner and all aspects concerning determination of seniority will be considered before finalization of seniority list.

5. Having regard to the fair submission made by the learned Assistant Government Pleader, writ petition is disposed of directing respondents to consider the objections raised by the petitioner objectively and deal with the objections raised by him while finalizing and publishing the seniority list and shall also communicate the reasons in support of the decision arrived at to the petitioner. If the petitioner is not satisfied with the manner in which seniority is determined, it is open to the petitioner to work out remedies available to him in law. No costs. Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J 8th February, 2021 Nvl HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.2583 of 2021 Date:08.02.2021 Nvl