M.Chandrashekar vs The District Educational Officer ...
2021 Latest Caselaw 4157 Tel

    HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                       W.P.No.15167 of 2021

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus

declaring the impugned proceedings dt.18-03-2021 issued by the 1st

respondent as illegal and arbitrary and consequently direct the

respondents to grant notional service to the petitioner from

18-01-2002 in the cadre of Physical Education Teacher (PET) on par

with the 1st batch of DSC-2001 candidates by extending the benefit

of proceedings dt.04-01-2020 issued by the 2nd respondent in respect

of similarly situated teachers in terms of judgments of this Court

dt.16-04-2018 in W.P.No.36811 of 2013 wherein the judgment of

the Tribunal in O.A.No.193 of 2012 was upheld by holding the

action of respondents in rejecting the petitioners' claim for notional

service on par with similarly situated teachers as illegal and

arbitrary.

2. Heard Sri Ch.Jagannatha Rao, learned counsel for the

petitioner and the learned Government Pleader for Services-1,

appearing for the respondents.

3. It has been contended by the petitioner that he is fully

eligible and qualified to be appointed as PET and the petitioner was

appointed as PET in pursuance to the District Selection Committee,

2001. The grievance of the petitioner is that when selections were

made in pursuance to DSC, 2001, the respondents have not extended 2 AKS,J W.P.No.15167 of 2021

reservation of 20% Un Reserved Quota and due to which the

petitioner as well as similarly situated candidates appointments were

delayed from 18-01-2002 to 17-10-2002, without their fault. Then

some of the aggrieved persons have filed O.A.No.562 of 2002 before

the then A.P. Administrative Tribunal and the Tribunal vide

judgment dt.22-07-2002 was pleased to direct the respondents to

extend reservation of 20% in Un Reserved quota also. Consequent

upon which, many other candidates were appointed in pursuance to

DSC-2001 selections on 18-01-2002. After appointments were

given in favour of candidates, O.A.No.562 of 2002 was filed to

follow the social reservation of 20% quota and the same was allowed

and that the respondents have implemented the orders passed by the

Tribunal in O.A.No.562 of 2002 dt.22-07-2002 and issued revised

selection list and consequent to the revised selection list, petitioner

came to be appointed on 17-10-2002. The grievance of the

petitioner is that the respondents in all fairness ought to have

extended notional seniority in favour of the petitioner from the date

of 18-01-2002.

4. Learned counsel for the petitioner has further contended

that some of the similarly situated persons have filed O.A.No.193 of

2012 before the Tribunal seeking notional seniority from the date of

their initial appointment i.e. 18-01-2002 and that the Tribunal vide

orders dt.27-02-2013 was pleased to allow the said O.A. filed by

some of the similarly situated persons. Aggrieved by the orders of 3 AKS,J W.P.No.15167 of 2021

the Tribunal, the State has carried the matter by filing W.P.No.36811

of 2013 and the Division Bench of this Court was pleased to dismiss

the said Writ Petition vide orders dt.16-04-2018 and confirmed the

orders of the Tribunal in O.A.No.193 of 2012 dt.27-02-2013.

Accordingly, the respondents have also extended the notional benefit

in favour of the candidates who have filed O.A.No.193 of 2012 on

04-01-2020.

5. Learned counsel for the petitioner has further contended

that the petitioner is also entitled to that benefit since he is also the

similarly situated person as the issue raised by the petitioner is

squarely covered by the issue raised in O.A.No.193 of 2012

dt.27-02-2013. Therefore, appropriate orders be passed in the Writ

Petition directing the respondents to grant notional seniority to the

petitioner from the date of 18-01-2002 but not from the date of

17-10-2002 as was done in case of applicants in O.A.No.193 of

2012.

6. Learned Government Pleader for Services-I appearing

for the respondents has contended that the State Government had

issued G.O.Ms.No.76 dt.23-09-2002 wherein the State Government

has taken decision to implement the orders of the then Tribunal

passed in O.A.No.562 of 2002 and batch dt.22-07-2002. But the

petitioner has not agitated his rights for almost two decades and he

has approached the Court belatedly. Therefore, there are no merits

in the Writ Petition and the same is liable to be dismissed.

                                    4                                    AKS,J
                                                          W.P.No.15167 of 2021

7. Learned counsel for the petitioner has further contended

that the petitioner has submitted series of representations from the

year 2008 seeking notional seniority as it was done in the case of

others, but the respondents have not passed any orders. Finally, the

respondents have rejected the case of the petitioner vide orders

dt.18-03-2021.

8. Considering the said submission, the contention of the

learned Government Pleader for respondents that the petitioner has

approached this Court after two decades cannot be accepted since the

case of the petitioner was rejected only on 18-03-2021.

9. Having regard to the rival submissions made by the

parties, this Court is of the considered view that similarly situated

persons' cases like the petitioner were considered for grant of

notional seniority in compliance with the orders passed by the

Tribunal in O.A.No.193 of 2012 wherein the Tribunal followed the

law laid down by the Supreme Court and that the order of the

Tribunal was confirmed by the High Court in W.P.No.36811 of 2013

dt.16-04-2018 and finally, the respondents have also extended the

similar benefit to the other candidates by proceedings dt.04-01-2020.

Moreover, as the issue raised by the petitioner is squarely covered by

the order of the Tribunal in O.A.No.193 of 2012 which was

confirmed by the Division Bench of this Court, this Court is of the

view that the petitioner's case also deserves to be considered for 5 AKS,J W.P.No.15167 of 2021

grant of notional seniority in view of the judgments rendered by the

Tribunal and the High Court.

10. Accordingly, the Writ Petition is allowed setting aside

the impugned proceedings dt.18-03-2021 and the respondents are

directed to extend notional seniority to the petitioner with effect from

18-01-2002 with all consequential benefits. No costs.

11. As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 06-12-2021 kvr