K. Suresh Babu vs The Director Of B.C. Welfare
2021 Latest Caselaw 138 AP

 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION No.920 of 2021

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"......to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not finalizing the Seniority list of the HWOs Gr.I and proceeding with the promotion to the post of ABCWOs based on the provisional Seniority list as illegal arbitrary discriminatory violative of 14 and 16 of the Constitution of India and consequently direct the Respondents to include the names of the Petitioners at the appropriate place by granting notional date of appointment in the category of HWO Gr.I by implementing the judgment of this Court and as recommended by 1st Respondent vide Proc Rc.No.E/163/2020 dt.31.12.2020 and further promote the Petitioners to the post of ABCWOs as per the recommendations of HOD dt.31.12.2020 and to pass such other order."

2. The 1st petitioner herein and the 2nd petitioner were

appointed as HWOs Gr.II. The 1st respondent herein issued a

provisional seniority list of Wardens Gr.II vide Proceedings

ROC.No.A1/150/97, inviting objections. In the said list the

petitioners were figured at Sl.Nos.24 and 25 whereas one

Munidraiah is figured as Sl.No.27. After considering the

objections raised by the HWOs, the 1st respondent finalized the

seniority list of Wardens vide Proceedings ROC.No.A1/150/97.

The 1st respondent issued a memo RC.No.A1/200/2017

cancelling the earlier provisional seniority list dated 29.01.2008.

The respondents have issued promotion orders in favour of one

Munindraiah vide Proceedings RC.No.A1/152/2016. The

Andhra Pradesh Administrative Tribunal rendered a common

Judgment in O.A.No.907/2017 and 3302/2017 setting aside the

impugned Orders. This Court dismissed W.P.Nos.7969/2019

and 7985/2019. The respondents have considered the case of

petitioners for promotion to the post of HWO Gr.I, prospectively.

The 1st respondent communicated a provisional seniority list of

HWOs Gr.I of Zone-IV vide Memo RC.No.A1/200/2017. The

petitioners made representations to the respondents on

31.12.2019 to include their names in the seniority list, granting

notional seniority. So far, the respondents have not taken any

action on their representations. However, the Director of

B.C. Welfare, State of Andhra Pradesh, Tadigadapa village,

Penamaluru mandal, Vijayawada, Krishna district,

1st respondent herein addressed a letter to the District Collector

(BCW), Chittoor, Chittoor District, 2nd respondent

recommending these petitioners for notional seniority and

requested to issue further orders at the earliest stage. But, the

same was not disposed of till date. Non-consideration of the

candidature of the petitioners in terms of the Orders passed in

O.A.No.907/2017 and 3302/2017 and the Orders in

W.P.No.7969/2019 and 7985/2019, dated 08.11.2019 despite

addressing a letter by the 1st respondent to the 2nd respondent,

is illegal, arbitrary and requested to issue a direction to the

respondents.

3. Sri P.Amarender, learned counsel for the petitioners

reiterated the contentions urged in the petition, whereas learned

Government Pleader for Services-III requested to pass

appropriate orders without putting any rider to issue necessary

orders on the recommendations dated 31.12.2020 soliciting

orders of the 2nd respondent.

4. It is undoubtedly true that the earlier promotion of

Munindraiah vide Proceedings RC.No.A1/152/2016 was

challenged before the Andhra Pradesh Appellate Tribunal in

O.A.No.907/2017 and 3302/2017 filed by both the petitioners

and those two O.As were allowed granting relief as claimed by

these petitioners. However, the said Munindraiah filed

W.P.Nos.7969/2019 and 7985/2019 and those Writ Petitions

were dismissed by the common Order of this Court dated

08.11.2019, thereupon, the 1st respondent took steps to

implement the orders recommending the names of the

petitioners for promotion as HWO Gr.I vide letter dated

31.12.2020 addressed to the 2nd respondent. But, no steps have

been taken so far and no further Orders were passed accepting

the recommendations of the candidature of these petitioners as

HWO Gr.I, however, they are taking up steps to promote the

juniors of these petitioners to the higher cadre i.e., HWO Gr.I

and the same is contrary to the Orders passed by the Andhra

Pradesh Appellate Tribunal in O.A.No.907/2017 and

3302/2017. Instead of disturbing the orders passed stopping

promotions itself, I find that it is appropriate to issue a direction

to the 2nd respondent to pass appropriate Orders based on the

recommendation vide letter dated 31.12.2020 in

Rc.No.E/163/2020 within fifteen (15) days from today and till

passing orders on the letter dated 31.12.2020 addressed by the

1st respondent to the 2nd respondent, the respondent authorities

are directed to complete the process of promotion in HWO

Gr.I from the cadre of ABCWOs, but not to issue appointment

order.

5. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Consequently, miscellaneous applications, pending if any,

shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 18.01.2021 Note: Issue CC by 20.01.2021.

(B/o) IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.920 of 2021

Date: 18.01.2021 Note: Issue CC by 20.01.2021.

(B/o) IS