P.Yoganand vs The District Educational Officer
2021 Latest Caselaw 335 Tel

          HONOURABLE SRI JUSTICE P. NAVEEN RAO

                WRIT PETITION No.2583 of 2021

                         Date:08.02.2021

Between:
P.Yoganand S/o.Saidulu, aged about 45 years,
School Assistant (Maths), Z.P.High School, Yacharam,
Anumula Mandal, Nalgonda District.
                                                         Petitioner

                                And
The District Educational Officer
Nalgonda Dist & others
                                                       Respondents




The Court made the following:
                     HONOURABLE SRI JUSTICE P. NAVEEN RAO

                          WRIT PETITION No.2583 of 2021

ORDER:

Heard learned counsel for petitioner and learned Government

Pleader for Services I.

2. Petitioner is directly recruited as School Assistant in the year

2001. Petitioner is aggrieved by placement assigned to him in the

seniority list of School Assistant recruited in the year 2001. Petitioner

submitted his objections against his placement in seniority list on

18.1.2021. According to petitioner, though petitioner has secured

higher merit in the selections conducted by the District Selection

Committee, seniority was not assigned in accordance with the merit

determined at the time of selection and lesser meritorious candidates

were shown above him, which is ex-facie illegal. According to petitioner,

the roster for reservation to various social groups in direct recruitment

cannot be the basis to determine the inter se seniority and the principle

of law is well settled.

3. Learned counsel for petitioner points out that in the

objections filed by petitioner, he has also enclosed judgment rendered by

Division Bench of this court on 24.1.2014. He has also enclosed the

merit list drawn at the time of selections made in the year 2001. Learned

counsel for petitioner apprehends that without considering the

objections, respondents are in the process of finalization of seniority list

and in such an event, grave prejudice would be caused to him.

4. On instructions, learned Assistant Government Pleader

submits that respondents are in the process of considering the objections

submitted by the aggrieved persons and shall consider all the objections

including the objections raised by the petitioner and all aspects

concerning determination of seniority will be considered before

finalization of seniority list.

5. Having regard to the fair submission made by the learned

Assistant Government Pleader, writ petition is disposed of directing

respondents to consider the objections raised by the petitioner objectively

and deal with the objections raised by him while finalizing and

publishing the seniority list and shall also communicate the reasons in

support of the decision arrived at to the petitioner. If the petitioner is not

satisfied with the manner in which seniority is determined, it is open to

the petitioner to work out remedies available to him in law.

No costs. Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J 8th February, 2021 Nvl HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION No.2583 of 2021

Date:08.02.2021 Nvl