Telangana High Court
D.Kashappa And 3 Others vs The State Of Telangana And 4 Others on 2 November, 2021
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION Nos. 1881 & 1920 of 2021
COMMON ORDER:
Since the issue raised in these writ petitions is one and the
same, they are being disposed of by way of this common order.
2. For the sake of convenience, the facts in W.P.No.1881 of 2021
are hereunder discussed.
3. W.P.No.1881 of 2021 is filed seeking the following relief:
"..to issue a Writ, order or direction more particularly one in
the nature Writ of Mandamus, declaring that the petitioners
are entitled for notional promotions to the post of School
Assistants with effect from the date of counseling held to the
said posts i.e., on 28.10.2005 and consequently entitled for
counting seniority in the said posts with effect from the said
date with all consequential benefits including promotion to
the posts of Panel Grade Head Masters by holding the action
of the respondents in not assigning notional seniority to the
petitioners from the date of counselling held to the post of
School Assistants i.e., on 28.10.2005 even though their
promotion orders have been issued belatedly due to the Court
litigation while extending the said benefit to similarly
situated person as illegal, arbitrary, unjust and violative of
Art.14, 16 and 21 of the Constitution of India besides being
opposed to the law on the subject and pass such other order
or orders as this Hon'ble Court may deem fit and proper in
the circumstances of the case."
4. Heard Sri D. Bala Kishan Rao, counsel for the petitioners, and
the Government Pleader for Services-I appearing for the respondents.
5. It has been contended by the petitioners that they are working
as School Assistants and they are seeking notional promotion to the
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post of School Assistant, but the respondents are not extending them
the benefit of notional promotion.
6. Counsel for the petitioners had contended that the issue raised
in the present writ petitions is squarely covered by the judgment
rendered by the then Andhra Pradesh Administrative Tribunal in
O.A.No.675 of 2016 dated 23.02.2016 and the same was confirmed
by this Court in W.P.No.36466 of 2017 vide orders dated 23.04.2019.
Counsel further contended that in spite of the law being settled, the
respondents are not extending them the benefit of notional promotion.
Therefore, the petitioners have submitted detailed representation to
the respondents requesting the respondents to consider their case for
notional promotion in terms of the law laid by the then Andhra
Pradesh Administrative Tribunal in O.A.No.675 of 2016 dated
23.02.2016, which was also confirmed by this Court in W.P.No.36466
of 2017 dated 23.04.2019. Counsel for the petitioners has further
contended that the orders dated 23.02.2016 passed by the Tribunal,
which were also confirmed by this Court, were implemented by the
respondents vide proceedings dated 09.08.2019.
7. Counsel appearing for the respondents had contended that let
the petitioners submit a representation afresh to the respondents, then
the respondents would consider the same and pass appropriate orders
in accordance with law.
8. This Court, having considered the rival submissions made by
learned counsel for respective parties, is of the considered view that
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these writ petitions can be disposed of directing the petitioners to
submit a representation afresh to the respondents within a period of
two weeks from the date of receipt of a copy of this order, staking
their claim for grant of notional promotion in view of the law laid
down by the then Andhra Pradesh Administrative Tribunal in
O.A.No.675 of 2016 dated 23.02.2016, which was confirmed by this
Court in W.P.No.36466 of 2017 dated 23.04.2019. Upon such a
representation being received, the respondents shall consider the same
and pass appropriate orders in accordance with law, in another four
weeks thereafter.
9. With the above directions, these writ petitions are disposed of.
No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________
ABHINAND KUMAR SHAVILI, J
02-11-2021
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