Telangana High Court
Tutikura Sabitha vs The State Of Telangana on 3 November, 2022
Bench: N.V.Shravan Kumar
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.40461 of 2022
ORDER:
Heard learned counsel for the petitioners and learned
Government Pleader for Services-I appearing for respondents.
With the consent of both the parties, the writ petition is being
taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking a writ of mandamus
to declare the action of the respondents in not considering the case
of the petitioners for notional seniority from 04.11.2010 instead of
27.11.2010 on par with petitioners' batchmates, who were given
appointments in the category of Secondary Grade Teachers in
Nizamabad District the said action of the respondents as highly,
illegal, arbitrary, and consequently direct the respondents to
consider the case of the petitioners for fixation of seniority along
with their batch mates of DSC-2008 as per the GO Ms No.161,
Education Ser (VI) Department, dated 06.12.2008 in the category of
Secondary Grade Teachers in Nizamabad District by following the
Division bench Judgments of this Hon'ble Court in WP No.21193
of 2017 dated 29.06.2017 and W.P No.14941 of 2014, dated 13.07.
2022 the same may be followed in passing final orders on the
detailed representation dated 29.06.2022 which is pending before
the respondent No.1.
3. Learned counsel for the petitioners submits that in similar
circumstances, this Court on 26.10.2022 in W.P. No.38825 of 2022
passed the following order, which reads as under:
"Without going into the merits of the case and having regard to
the facts and circumstances of the case, respondent No.2 is
directed to dispose of the representation, dated 04.08.2022 made
by the petitioners for consideration of their seniority on par with
their batch mates of DSC-2002, in terms of the orders passed in
W.P.No.21193 of 2017, dated 29.06.2017 and W.P.No.14941 of
2014, dated 13.07.2022, as expeditiously 3 as possible,
preferably within a period of six (06) weeks from the date of
receipt of a copy of this order.
With the above direction, the Writ Petition is disposed of. No
order as to costs. Miscellaneous application, if any pending,
shall stand closed."
Learned counsel for the petitioners further pray this Court to
direct the respondent authorities to consider the petitioners
representation dated 29.06.2022.
4. Learned Government Pleader for Services-I appearing for
respondents submits that if the petitioners representation dated
29.06.2022 is still pending for consideration, the respondent
authorities may be directed to consider the said representation and
pass appropriate orders in accordance with law.
5. In view of the submission made by the learned counsel for
the petitioner and learned Government Pleader for Services-I
appearing for respondents, this writ petition is disposed of
directing respondent authorities to dispose the petitioners
representation, dated 29.06.2022 for consideration of their seniority
on par with their batch mates of DSC-2008, in terms of the orders
passed in W.P.No.21193 of 2017, dated 29.06.2017 and
W.P.No.14941 of 2014, dated 13.07.2022, and pass appropriate
orders strictly in accordance with law, as expeditiously as possible,
preferably within a period of four (04) weeks from the date of
receipt of the order, after giving a fair opportunity of hearing to
the petitioners and communicate the same to the petitioners.
6. Accordingly this writ petition is disposed of. Miscellaneous
applications, if any pending, shall stand closed. No order as to
costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 03.11.2022
SU
Note:-
Issue C.C. in a week.
