Citation : 2022 Latest Caselaw 5297 Tel
Judgement Date : 26 October, 2022
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 36665 OF 2022
ORDER:
Heard learned counsel for the petitioners, learned
Government Pleader for Services-III appearing for respondent No.1
and Sri G.Narender Reddy, learned Standing Counsel for HMWSSB
appearing for respondent No.2. With the consent of both the
parties, the writ petition is being taken up for disposal at the
admission stage itself.
2. This present writ petition is filed seeking issuance of writ of
mandamus to declare the action of the respondent in not
considering and promoting the petitioners as Manager (Engg) Civil as
illegal arbitrary and unconstitutional being violative of Articles 14,
16 and 21 of Constitution of India and consequently direct the
respondents to consider the case of the petitioners for promotion as
Manager (Engg) Civil by treating them as eligible for such promotion
in view of Division Bench Judgment in WP No 17573 of 2017 dated
30.4.2018 and promote them as such with effect from a due date
with all consequential benefits.
::2::
3. Though various grounds are raised in the writ petition,
learned counsel for the petitioners restricts his prayer seeking a
direction to respondent authorities to consider his representation,
dated 23.05.2022 in terms of the order passed by this Court in WP
No.17573 of 2017, dated 30.04.2018 and WP No.2662 of 2019, dated
11.11.2019.
4. learned Government Pleader for Services-III appearing for
respondent No.1 and learned Standing Counsel for HMWSSB
appearing for respondent No.2 submits that petitioners has not cited
reference of WP No.17573 of 2017 and 2662 of 2019 anywhere in the
representation and the said representation cannot be consider in
terms of the WP No.17573 of 2017 and 2662 of 2019.
5. In view of the submission made by learned counsel for the
petitioners, learned Government Pleader for Services-III appearing
for respondent No.1 and learned Standing Counsel for HMWSSB
appearing for respondent No.2 and without expressing any opinion
on merits of the case, this writ petition is disposed of with a liberty
to petitioners to make fresh representation to respondent
authorities submitting all his grievances within a period of two (2)
weeks from the date of receipt of copy of this order and respondent
authorities thereafter are directed to dispose the petitioners ::3::
representation in terms of the order passed by this Court in WP
No.17573 of 2017, dated 30.04.2018 and WP No.2662 of 2019, dated
11.11.2019 by giving fair opportunity of hearing to the petitioners
and pass appropriate orders in accordance to law within a period of
six (6) weeks from the date of receipt of said representation and
communicate the same to the petitioners.
6. Accordingly, the writ petition is disposed of. Miscellaneous
petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ N.V.SHRAVAN KUMAR,J
26.10.2022 SHA
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