S. Srikanth vs State Of Telangana
2023 Latest Caselaw 3487 Tel

    THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

                     W.P.No. 7744 of 2023

ORDER:

In this writ petition, the petitioners are seeking a writ of

mandamus to declare the action of the respondent No.1 in

assigning notional seniority to the respondent No.4 in the feeder

category of Reserve Sub-Inspector (AR) after the lapse of nine

years vide orders issued in impugned G.O.Rt.No.1266, dated

22.06.2022 without prior notice to the petitioners as

contemplated under Rules 24 (c) and 25 of Telangana State and

Subordinate Service Rules, 1996, as illegal and arbitrary and to

pass such other order or orders in the interest of justice.

2. Learned counsel for the petitioners submitted that

pursuant to the notification of 2008, the petitioners as wells as

the respondent No.4 have participated in the selection process,

the petitioners were appointed in the year 2013, while

respondent No.4 was sent for training in the year 2012, but

appointed in the year 2014. It is submitted that due to certain

allegations against the respondent No.4, he could not be

appointed in the year 2012. It is submitted that respondent

No.4 had approached Andhra Pradesh Administrative Tribunal

PMD,J W.P.No. 7744 of 2023

against his non-selection, thereafter, the matter reached upto

the High Court and after the directions from the High Court, the

respondent No.4 was appointed. Thereafter, the respondent

No.4 had made representations for fixation of his notional

seniority which was initially rejected on 11.02.2020 and later

the respondent No.4 had made another representation, on the

basis of which the seniority has been revised but without giving

any notices to the petitioners and other affected parties.

Therefore, the present writ petition has been filed.

3. The official respondents have filed the counter

affidavit stating that the notional seniority was fixed after taking

into consideration of the judgment of the Hon'ble Supreme

Court in the case of A.Raghu Vs. Government of Andhra

Pradesh and Others 1, wherein it has held that "irrespective of

the dates on which the candidates were deputed for training,

their seniority has to be determined on the basis of the

aggregate marks obtained by them at the final examination at

the concerned Police Training College".

4. Learned counsel for the petitioners submitted that

the respondents have not given any notice to the petitioners

1 (2015) 14 SCC 221

PMD,J W.P.No. 7744 of 2023

before revising their seniority by following the above judgment of

the Hon'ble Supreme Court.

5. Learned counsel appearing for the respondent No.4

is also heard, who supported the revision of seniority list on the

basis of the judgment of the Hon'ble Supreme Court.

6. Learned counsel for the petitioner, however, relied

upon the decision of this Court in W.P.Nos.18377 of 2023 &

19055 of 2023 wherein in similar circumstances, it has held

that the revision of seniority without show-cause notice is a

clear violation of the principles of natural justice and has thus

set aside the show-cause notice and also the seniority list.

7. After hearing all the parties and on perusal of the

material on record, this Court finds that the petitioners as well

as the respondent No.4 have been appointed pursuant to the

notification issued in the year 2008. Therefore, as per the

judgment of the Hon'ble Supreme Court referred to in the

impugned order, the seniority will have to be fixed on the basis

of their merit. However, before revising the seniority list, the

respondents ought to have issued a show-cause notice and

ought to have revised the seniority after disposing of the

PMD,J W.P.No. 7744 of 2023

objections, if any, of all the affected parties. In this case, the

respondents seem to have issued notices after revising the

seniority of the respondent No.4. This cannot be permitted.

8. In view of the same, this Court holds that the

impugned order is in violation of principles of natural justice

and it is accordingly set aside. The respondent No.1 is directed

to issue notices to all the affected parties and after considering

the objections, if any, raised by any of the affected parties and

thereafter, revise the seniority list in accordance with law. The

entire exercise shall be completed within a period of three (3)

months from the date of receipt of a copy of this order.

9. Accordingly, this writ petition is disposed of. There

shall be no order as to costs.

10. Miscellaneous petitions, if any, pending in this writ

petition, shall stand closed.

____________________________ JUSTICE P.MADHAVI DEVI Date: 01.11.2023 bak

PMD,J W.P.No. 7744 of 2023

THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

W.P.No. 7744 of 2023

Dated: 01.11.2023

bak