THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 7744 of 2023
ORDER:
In this writ petition, the petitioners are seeking a writ of mandamus to declare the action of the respondent No.1 in assigning notional seniority to the respondent No.4 in the feeder category of Reserve Sub-Inspector (AR) after the lapse of nine years vide orders issued in impugned G.O.Rt.No.1266, dated 22.06.2022 without prior notice to the petitioners as contemplated under Rules 24 (c) and 25 of Telangana State and Subordinate Service Rules, 1996, as illegal and arbitrary and to pass such other order or orders in the interest of justice.
2. Learned counsel for the petitioners submitted that pursuant to the notification of 2008, the petitioners as wells as the respondent No.4 have participated in the selection process, the petitioners were appointed in the year 2013, while respondent No.4 was sent for training in the year 2012, but appointed in the year 2014. It is submitted that due to certain allegations against the respondent No.4, he could not be appointed in the year 2012. It is submitted that respondent No.4 had approached Andhra Pradesh Administrative Tribunal 2 PMD,J W.P.No. 7744 of 2023 against his non-selection, thereafter, the matter reached upto the High Court and after the directions from the High Court, the respondent No.4 was appointed. Thereafter, the respondent No.4 had made representations for fixation of his notional seniority which was initially rejected on 11.02.2020 and later the respondent No.4 had made another representation, on the basis of which the seniority has been revised but without giving any notices to the petitioners and other affected parties. Therefore, the present writ petition has been filed.
3. The official respondents have filed the counter affidavit stating that the notional seniority was fixed after taking into consideration of the judgment of the Hon'ble Supreme Court in the case of A.Raghu Vs. Government of Andhra Pradesh and Others 1, wherein it has held that "irrespective of the dates on which the candidates were deputed for training, their seniority has to be determined on the basis of the aggregate marks obtained by them at the final examination at the concerned Police Training College".
4. Learned counsel for the petitioners submitted that the respondents have not given any notice to the petitioners 1 (2015) 14 SCC 221 3 PMD,J W.P.No. 7744 of 2023 before revising their seniority by following the above judgment of the Hon'ble Supreme Court.
5. Learned counsel appearing for the respondent No.4 is also heard, who supported the revision of seniority list on the basis of the judgment of the Hon'ble Supreme Court.
6. Learned counsel for the petitioner, however, relied upon the decision of this Court in W.P.Nos.18377 of 2023 & 19055 of 2023 wherein in similar circumstances, it has held that the revision of seniority without show-cause notice is a clear violation of the principles of natural justice and has thus set aside the show-cause notice and also the seniority list.
7. After hearing all the parties and on perusal of the material on record, this Court finds that the petitioners as well as the respondent No.4 have been appointed pursuant to the notification issued in the year 2008. Therefore, as per the judgment of the Hon'ble Supreme Court referred to in the impugned order, the seniority will have to be fixed on the basis of their merit. However, before revising the seniority list, the respondents ought to have issued a show-cause notice and ought to have revised the seniority after disposing of the 4 PMD,J W.P.No. 7744 of 2023 objections, if any, of all the affected parties. In this case, the respondents seem to have issued notices after revising the seniority of the respondent No.4. This cannot be permitted.
8. In view of the same, this Court holds that the impugned order is in violation of principles of natural justice and it is accordingly set aside. The respondent No.1 is directed to issue notices to all the affected parties and after considering the objections, if any, raised by any of the affected parties and thereafter, revise the seniority list in accordance with law. The entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.
9. Accordingly, this writ petition is disposed of. There shall be no order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 01.11.2023 bak 5 PMD,J W.P.No. 7744 of 2023 155 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No. 7744 of 2023 Dated: 01.11.2023 bak