THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.41309 of 2022
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Services-I appearing for respondents. With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking a writ of mandamus to declare the action of the respondents in not considering petitioners cases for counting of service in DSC-2001 w.e.f 18.01.2002 instead of 17.10.2002 and not awarding notional seniority in the cadre of Secondary Grade Teacher for promotion to the post of School Assistant while extending the similar benefits to similarly placed persons vide Proc No.667/A6/Z1/2012. dated 09.01.2020 issued by the 2nd respondent pursuant to the orders in OA No.1815/2012 dated 28.02.2013, R/w Judgment dated 16.04.2018 in WP No.36266 of 2013 though the petitioners selected and appointed in DSC- 2001 is illegal arbitrary discriminatory and violation of Articles 14 and 16 of the Constitution of India and consequently declare that petitioners service is entitled to count in DSC-2001 w.e.f 18.01.2002 instead of 17.10.2002 as was done in the cases vide Proc Rc No.687/A6/A1/2012, dated 09.01.2020 of the 2nd respondent with all consequential benefits i.e., seniority pay fixation promotion pension, etc. 2
3. Learned counsel for the petitioners submits that in similar circumstances, this Court on 16.04.2018 in W.P. No.36266 of 2013 passed the following order, which reads as under:
"Perusal of the order under challenge reflects that the Tribunal also relied upon the said judgment.
"It is not in dispute that the appointments of the respondents- applicants were delayed owing to a lapse on the part of the authorities. However, others covered by the same selection were appointed on 18.01.2002.
In BALWANT SINGH NARWAL, the Supreme Court opined that the candidates who were selected against earlier vacancies but could not be appointed along with others of the same batch due to technical difficulties would have to be placed above those who were appointed against subsequent vacancies.
The respondents-applicants stand on a better footing as it was not due to any technical difficulty but owing to a lapse on the part of the authorities themselves that their appointments were delayed by about ten months. It is therefore not open to the authorities to take advantage of their own wrong and refuse the benefit of seniority to the respondents-applicants.
In that view of the matter, this Court finds no irregularity or error in the order passed by the Tribunal.
The writ petition is devoid of merit and is accordingly dismissed. Interim order dated 16.12.2013 shall stand vacated. Pending miscellaneous petitions shall also stand dismissed. No order as to costs."
4. Learned counsel for the petitioners further submits that Andhra Pradesh Administrative Tribunal (for short 'the Tribunal) in OA No.1815 of 2012 on 28.02.2013, passed the following order:
"For the reasons stated under Point No.(i), the O.A. is allowed holding that the applicants are entitled for notional seniority as per their ranking in the merit list of DSC- 2001 on par with the teachers appointed on 18.1.2002. The respondents are directed to prepare the revised seniority list as per the ranking given to the various teachers in DSC-2001, communicate copies to the concerned Teachers, receive their objections in the matter, and then issue final seniority list. The 3 respondents are further directed to accordingly promote the applicants to the post of School Assistants as per their otherwise eligibility and merit, and give notional date of promotion as per the seniority so fixed, and monetary benefit from the date of their appointments. Necessary orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.
5. Learned counsel for the petitioners submits that in view of the order passed by this Court in WP No.36266 of 2013, dated 16.04.2018 and the Tribunal order in OA No.1815 of 2012, dated 28.02.2013, the present writ petition may also be disposed in term of above said orders.
6. Learned Government Pleader for Services-I has also not disputed about the said facts and fairly submits that petitioners has not made representation/application to respondent authorities submitting her grievances and further submits that, if any representation/application is made by the petitioners, the respondent authorities may be directed to consider the said representation and pass appropriate orders in accordance with law.
7. At this stage, learned counsel for the petitioners submits this Court to grant liberty to petitioners to make representation/application to respondent authorities submitting all her grievances and pray this Court to consider the case of petitioners and dispose the present writ petition in terms of the WP No.36266 of 2013, dated 16.04.2018 and the Tribunal order in OA No.1815 of 2012, dated 28.02.2013.
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8. In view of the submission made by learned counsel for the petitioners and learned Government Pleader for Services-I, this writ petition is disposed of with a liberty to petitioners to make fresh representation/application to respondent authorities submitting all her grievances within a period of two (2) weeks from the date of receipt of copy of this order and on receipt of such petitioners representation, respondent authorities thereafter are directed to dispose the petitioners' representation in terms of the order passed by this Court in WP No.36266 of 2013, dated 16.04.2018 and the Tribunal order in OA No.1815 of 2012, dated 28.02.2013, if the petitioners are otherwise eligible by giving fair opportunity of hearing to the petitioners and pass appropriate orders strictly in accordance with law within a period of four (4) weeks from the date of receipt of said representation and communicate the same to the petitioners.
9. Accordingly, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ N.V.SHRAVAN KUMAR,J Date:11.11.2022 SHA Note: Issue CC in 7 days.