Citation : 2022 Latest Caselaw 1427 AP
Judgement Date : 23 March, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.21535 of 2021
JUDGMENT:-
1. Heard Sri B. Chandra Sekhar, learned counsel for the
petitioners and Sri N. Ashwartha Narayana, learned Government
Pleader for Services-I for the respondents.
2. The petition was filed for the following relief:
"For the reasons stated in the accompanying affidavit, it
is hereby prayed that this Hon'ble Court may be pleased to
issue writ, order or direction more particularly one in the
nature of Writ of Mandamus, to declare the action of the
respondent Nos. 3 to 8 in not conducting counseling nor
promoting the petitioners as Village Revenue Officers, Grade-II,
pursuant to the 1st respondent G.O.Ms.No.13, dt.27.01.2020
and consequent proceedings of the 3rd respondent,
dt.22.07.2020 vide Rc.No.A3/343/2020 (Seniority List) as
illegal, arbitrary and unconstitutional and consequently direct
the respondents Nos.3 to 8 to promote the petitioners as Village
Revenue Officers, Grade-II by conducting counseling, and pass
such other order or orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case."
3. Learned counsel for the petitioners submits that this petition
may be disposed of in terms of the order, dated 14.02.2022 passed
in W.P.No.9055 of 2021, wherein the following order was passed:-
"This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the action of
the respondents in not considering the claims of the
Petitioners for promotion for the post of Village Revenue
Officers Grade-II as per the placement in the 1st final
seniority list Rc.No.376/2020/A2, dated 22.06.2020
which was prepared in accordance with the G.O.Ms.No.13,
Revenue (SER.III) Department, dated 27.01.2020 as illegal,
arbitrary and violative of articles 14, 16 and 21 of the
Constitution of India and pass such other order or
orders...."
2. Though the learned counsel for petitioners advanced
arguments with reference to the averments in the Writ Petition,
this Court is inclined to consider his submissions for disposal of
the Writ Petition, in terms of W.P.No.5290 of 2021, dated
05.01.2022, despite the vehement opposition of the learned
Assistant Government Pleader for Services-I, seeking time for
counter on behalf of the Department.
3. Accordingly, the Writ Petition is disposed of with a
direction to the 3rd respondent to pass appropriate orders, in
relation to the promotion of the petitioners, strictly in accordance
with law, within a period of six (06) weeks from the date of
receipt of a copy of this order. No order as to costs.
As a sequel, miscellaneous application, if any, pending
shall stand disposed of."
4. Learned Government Pleader for Services-I also submits that
he has no objection in deciding the present petition in terms of the
order passed in W.P.No.9055 of 2021, as the same controversy was
also raised therein.
5. Accordingly, without entering into the merits of the case, this
petition is also disposed of directing the 3rd respondent/District
Collector, SPS Nellore District to pass appropriate orders in
relation to the promotion of the petitioners strictly in accordance
with law within a period of six (06) weeks from the date of receipt of
copy of this order.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 23.03.2022
NOTE:-
Issue C.C. by 28.03.2022
B/o
SCS 11BbBBBBbB/BBB
422EE
136136
474276446642446544455554646
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.21535 of 2021
Date: 23.03.2022
Scs
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