Telangana High Court
G.Srinivasulu vs The State Of Telangana on 1 February, 2024
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LNA, J
W.P(TR) No.5476 of 2017
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION (TR) No. 5476 of 2017
ORDER:
This writ petition is filed seeking the following relief:
"to declare the action of respondent Nos.1 and 2 in implementing G.O.Ms.No.26 Social Welfare (ROR.1) Department dated 20.02.2009 for granting consequential seniority in favour of the unofficial respondents in the category of Assistant Section Officers for showing their names in the higher placements in the category of Section Officers over and above the petitioner for further promotions to the post of Assistant Secretary to Government in spite of setting aside the said G.O., by the Tribunal in batch of O.A.Nos.6563 of 2011 dated 12.08.2015 and not reviewing the panels from 2002-2003 to till this date as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and detrimental to the interests of the general category senior candidates in the category of the Assistant Section Officers."
2. Learned counsel for the petitioner placed on record the judgment of the Hon'ble Division Bench of the Composite High Court for the States of Telangana and Andhra Pradesh, Hyderabad, in the cases of W.P.Nos.4415, 4807, 40975, 41739, 43051 of 2016 and 2842 of 2017 and stated that the present writ petition is also squarely covered by the said order passed by the Hon'ble Division Bench of this Court and therefore, the present writ petition can be disposed of in terms of the directions therein.
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LNA, J W.P(TR) No.5476 of 2017
3. The relevant portion of the judgment of the Hon'ble Division Bench of the Composite High Court for the States of Telangana and Andhra Pradesh, Hyderabad, in the cases of W.P.Nos.4415, 4807, 40975, 41739, 43051 of 2016 and 2842 of 2017, reads as under:
"Be it noted that G.O.Ms.No.26 dated 20.02.2009 was issued long after the said judgment but, yet again, there was no direction by the State Government to undertake the exercise as mandated thereby on an individual cadre basis. Therefore, at least the promotions made by giving effect to such reservation policy after institution of O.A.No.6563 of 2011 would have to be reviewed in strict accordance with the directives of the Supreme Court in M.NAGARAJ Vs. UNION OF INDIA 1 and JARNAIL SINGH Vs. LACHHMI NARAIN GUPTA 2. As the erstwhile State of Andhra Pradesh came to be bifurcated under the A.P. Reorganization Act, 2014, this exercise would have to be undertaken by the present States of Telangana and Andhra Pradesh. Needless to state, the affected parties shall be afforded an opportunity of hearing in the process of such review. This exercise shall be completed expeditiously and in any event, not later than six months from the date of receipt of a copy of this order. On the above analysis, W.P.Nos.4415 and 4807 of 2016 and 2842 of 2017 are allowed setting aside the common order dated 12.08.2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.6563 of 2011 and batch. The Government Orders and more particularly, G.O.Ms.No.5 dated 14.02.2003 and G.O.Ms.No.26 dated 20.02.2009 are read down to merely enable the State to Implement the policy of reservation in promotions if the necessary conditions are made out and in pursuance thereof, every department of the State which seeks to implement the policy of reservation in promotions with consequential seniority in favour of Scheduled Castes and Scheduled Tribes in any particular cadre 1 (2006) 8 SCC 212 2 2018 Law Suit (SC) 943 3 LNA, J W.P(TR) No.5476 of 2017 would have to undertake the full exercise as per the mandate of the Supreme Court in M.NAGARAJ and JARNAIL SINGH before doing so every time."
4. In view of the submissions made by learned counsel for the petitioner and the judgment of the Hon'ble Division Bench of the Composite High Court for the States of Telangana and Andhra Pradesh, Hyderabad, in the cases of W.P.Nos.4415, 4807, 40975, 41739, 43051 of 2016 and 2842 of 2017, this Writ Petition is allowed in terms of the directions issued therein. No costs.
Miscellaneous petitions pending, if any, shall stand closed.
___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 01.02.2024 Note: Registry to enclose copy of the common order in W.P.No.4415 of 2016 and batch to this order. B/o Dua 4 LNA, J W.P(TR) No.5476 of 2017 HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION (TR) No.5476 of 2017 01.02.2024 Dua