Telangana High Court
A.M. Yousuf Hussain vs The State Of Telangana on 20 February, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.4444 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to pass an order, direction or a writ particularly in the nature of Writ of Mandamus declaring that the action of the respondents No.3 and 4 in following the Rule of Reservation to confer consequential seniority upon the respondent No.5 in the matter of promotions above the petitioner belonging to general category, without undertaking the exercise of collecting quantifiable data showing inadequacy of representation of that class in public employment and efficiency in services in addition to compliance with Article 335 of the Constitution of India, as laid down by the Hon'ble Supreme Court of India, in a case of M.Nagraj 2006 (8) SCC 212 and in the case of Jarnail Singh reported in2018 LawSuit (SC) 943 and DB Judgment of this Hon'ble Court in W.P. No.4415 of 2016, on the basis of objections raised by the petitioner dated 12-02-2024 is highly illegal, arbitrary and unconstitutional, Consequently, this Hon'ble Court may be pleased to direct the respondents No.3 and 4 to undertake the exercise of collecting quantifiable data showing inadequacy of representation of that class in public employment and efficiency in services in addition to compliance with Article 335 of the Constitution of India as laid down by the Hon'ble Supreme Court of India in a case of M.Nagraj 2006 (8) SCC 212, and in the cade of Jarnail Singh reported in2018 LawSuit (SC) 943 and DB Judgment of this Hon'ble Court in W.P. No.4415 of 2016 and Review All promotions granted since the date of judgment passed in M.Nagraj by the Hon'ble Supreme Court and pass..."2
PK,J wp_4444_2024
2. Heard Sri Mohd. Adnan, learned counsel appearing for the petitioner, learned Government Pleader for Services-III, appearing for respondent Nos.1 and 2 and Sri V. Narasimha Goud, learned Standing Counsel for Hyderabad Metropolitan Development Authority, appearing for respondent Nos.3 and 4.
3. With the consent of the respective parties, the writ petition is being disposed of.
4. Learned counsel appearing for the petitioner submits that though the petitioner is (11) years senior to respondent No.5 he is placed at Sl.No.3, as junior to respondent No.5, in the tentative seniority list in the cadre of Superintending Engineer. Aggrieved by the same, the petitioner submitted his objections to respondent No.4 vide representation dated 12.02.2024. However, without considering the same, the respondents are proceeding to confer seniority to respondent No.5. Therefore, learned counsel for the petitioner prays this Court to direct respondent No.4 to consider the representation dated 12.02.2024 and pass appropriate orders thereon.
5. Learned Standing Counsel appearing for respondent Nos.3 and 4 submits that respondent No.4 will consider the objections raised by the petitioner vide letter dated 12.02.2024 and pass necessary orders accordingly.
6. In view of the above made submissions, without going into merits of the case, the Writ Petition is disposed of directing respondent No.4 to 3 PK,J wp_4444_2024 consider the objections raised by the petitioner vide letter dated 12.02.2024 and pass appropriate orders thereon in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner.
Interlocutory applications, if any, pending in this writ petition, shall stand closed. No costs.
______________________ PULLA KARTHIK, J Date: 20.02.2024 GSP