Telangana High Court
Paloju Ajya Kumar vs The State Of Telangana on 11 November, 2022
Bench: N.V.Shravan Kumar
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.41309 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 petitioners cases
for counting of service in DSC-2001 w.e.f 18.01.2002 instead of 17.10.2002
and not awarding notional seniority in the cadre of Secondary Grade
Teacher for promotion to the post of School Assistant while extending the
similar benefits to similarly placed persons vide Proc No.667/A6/Z1/2012.
dated 09.01.2020 issued by the 2nd respondent pursuant to the orders in OA
No.1815/2012 dated 28.02.2013, R/w Judgment dated 16.04.2018 in
WP No.36266 of 2013 though the petitioners selected and appointed in DSC-
2001 is illegal arbitrary discriminatory and violation of Articles 14 and 16 of
the Constitution of India and consequently declare that petitioners service is
entitled to count in DSC-2001 w.e.f 18.01.2002 instead of 17.10.2002 as was
done in the cases vide Proc Rc No.687/A6/A1/2012, dated 09.01.2020 of the
2nd respondent with all consequential benefits i.e., seniority pay fixation
promotion pension, etc.
3. Learned counsel for the petitioners submits that in similar
circumstances, this Court on 16.04.2018 in W.P. No.36266 of 2013 passed
the following order, which reads as under:
"Perusal of the order under challenge reflects that the Tribunal
also relied upon the said judgment.
"It is not in dispute that the appointments of the respondents-
applicants were delayed owing to a lapse on the part of the
authorities. However, others covered by the same selection
were appointed on 18.01.2002.
In BALWANT SINGH NARWAL, the Supreme Court opined that the
candidates who were selected against earlier vacancies but
could not be appointed along with others of the same batch due
to technical difficulties would have to be placed above those
who were appointed against subsequent vacancies.
The respondents-applicants stand on a better footing as it was
not due to any technical difficulty but owing to a lapse on the
part of the authorities themselves that their appointments were
delayed by about ten months. It is therefore not open to the
authorities to take advantage of their own wrong and refuse the
benefit of seniority to the respondents-applicants.
In that view of the matter, this Court finds no irregularity or
error in the order passed by the Tribunal.
The writ petition is devoid of merit and is accordingly
dismissed. Interim order dated 16.12.2013 shall stand vacated.
Pending miscellaneous petitions shall also stand dismissed. No
order as to costs."
4. Learned counsel for the petitioners further submits that Andhra
Pradesh Administrative Tribunal (for short 'the Tribunal) in OA No.1815 of
2012 on 28.02.2013, passed the following order:
"For the reasons stated under Point No.(i), the O.A. is allowed holding
that the applicants are entitled for notional seniority as per their
ranking in the merit list of DSC- 2001 on par with the teachers
appointed on 18.1.2002. The respondents are directed to prepare the
revised seniority list as per the ranking given to the various teachers in
DSC-2001, communicate copies to the concerned Teachers, receive their
objections in the matter, and then issue final seniority list. The
respondents are further directed to accordingly promote the applicants
to the post of School Assistants as per their otherwise eligibility and
merit, and give notional date of promotion as per the seniority so fixed,
and monetary benefit from the date of their appointments. Necessary
orders shall be passed within a period of eight weeks from the date of
receipt of a copy of this order.
5. Learned counsel for the petitioners submits that in view of the order
passed by this Court in WP No.36266 of 2013, dated 16.04.2018 and the
Tribunal order in OA No.1815 of 2012, dated 28.02.2013, the present writ
petition may also be disposed in term of above said orders.
6. Learned Government Pleader for Services-I has also not disputed
about the said facts and fairly submits that petitioners has not made
representation/application to respondent authorities submitting her
grievances and further submits that, if any representation/application is
made by the petitioners, the respondent authorities may be directed to
consider the said representation and pass appropriate orders in accordance
with law.
7. At this stage, learned counsel for the petitioners submits this Court to
grant liberty to petitioners to make representation/application to
respondent authorities submitting all her grievances and pray this Court to
consider the case of petitioners and dispose the present writ petition in
terms of the WP No.36266 of 2013, dated 16.04.2018 and the Tribunal order
in OA No.1815 of 2012, dated 28.02.2013.
8. In view of the submission made by learned counsel for the petitioners
and learned Government Pleader for Services-I, this writ petition is disposed
of with a liberty to petitioners to make fresh representation/application to
respondent authorities submitting all her grievances within a period of two
(2) weeks from the date of receipt of copy of this order and on receipt of
such petitioners representation, respondent authorities thereafter are
directed to dispose the petitioners' representation in terms of the order
passed by this Court in WP No.36266 of 2013, dated 16.04.2018 and the
Tribunal order in OA No.1815 of 2012, dated 28.02.2013, if the petitioners
are otherwise eligible by giving fair opportunity of hearing to the petitioners
and pass appropriate orders strictly in accordance with law within a period
of four (4) weeks from the date of receipt of said representation and
communicate the same to the petitioners.
9. Accordingly, the writ petition is disposed of. Miscellaneous petitions,
if any, pending in this Writ Petition shall stand closed.
____________________________
N.V.SHRAVAN KUMAR,J
Date:11.11.2022
SHA
Note: Issue CC in 7 days.
