Telangana High Court
G.Srinivasulu vs The State Of Telangana on 1 February, 2024
1
LNA, J
W.P(TR) No.5476 of 2017
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION (TR) No. 5476 of 2017
ORDER:
This writ petition is filed seeking the following relief:
"to declare the action of respondent Nos.1 and 2 in implementing
G.O.Ms.No.26 Social Welfare (ROR.1) Department dated 20.02.2009
for granting consequential seniority in favour of the unofficial
respondents in the category of Assistant Section Officers for showing
their names in the higher placements in the category of Section
Officers over and above the petitioner for further promotions to the
post of Assistant Secretary to Government in spite of setting aside the
said G.O., by the Tribunal in batch of O.A.Nos.6563 of 2011 dated
12.08.2015 and not reviewing the panels from 2002-2003 to till this
date as illegal, arbitrary and violation of Articles 14, 16 and 21 of the
Constitution of India and detrimental to the interests of the general
category senior candidates in the category of the Assistant Section
Officers."
2. Learned counsel for the petitioner placed on record the judgment
of the Hon'ble Division Bench of the Composite High Court for the
States of Telangana and Andhra Pradesh, Hyderabad, in the cases of
W.P.Nos.4415, 4807, 40975, 41739, 43051 of 2016 and 2842 of 2017
and stated that the present writ petition is also squarely covered by the
said order passed by the Hon'ble Division Bench of this Court and
therefore, the present writ petition can be disposed of in terms of the
directions therein.
LNA, J
3. The relevant portion of the judgment of the Hon'ble Division
Bench of the Composite High Court for the States of Telangana and
Andhra Pradesh, Hyderabad, in the cases of W.P.Nos.4415, 4807,
40975, 41739, 43051 of 2016 and 2842 of 2017, reads as under:
"Be it noted that G.O.Ms.No.26 dated 20.02.2009 was issued long
after the said judgment but, yet again, there was no direction by the
State Government to undertake the exercise as mandated thereby on
an individual cadre basis. Therefore, at least the promotions made by
giving effect to such reservation policy after institution of O.A.No.6563
of 2011 would have to be reviewed in strict accordance with the
directives of the Supreme Court in M.NAGARAJ Vs. UNION OF INDIA 1
and JARNAIL SINGH Vs. LACHHMI NARAIN GUPTA 2. As the
erstwhile State of Andhra Pradesh came to be bifurcated under the
A.P. Reorganization Act, 2014, this exercise would have to be
undertaken by the present States of Telangana and Andhra Pradesh.
Needless to state, the affected parties shall be afforded an
opportunity of hearing in the process of such review. This exercise
shall be completed expeditiously and in any event, not later than six
months from the date of receipt of a copy of this order.
On the above analysis, W.P.Nos.4415 and 4807 of 2016 and 2842
of 2017 are allowed setting aside the common order dated
12.08.2015 passed by the Andhra Pradesh Administrative Tribunal,
Hyderabad, in O.A.No.6563 of 2011 and batch. The Government
Orders and more particularly, G.O.Ms.No.5 dated 14.02.2003 and
G.O.Ms.No.26 dated 20.02.2009 are read down to merely enable the
State to Implement the policy of reservation in promotions if the
necessary conditions are made out and in pursuance thereof, every
department of the State which seeks to implement the policy of
reservation in promotions with consequential seniority in favour of
Scheduled Castes and Scheduled Tribes in any particular cadre
(2006) 8 SCC 212
2018 Law Suit (SC) 943
LNA, J
would have to undertake the full exercise as per the mandate of the
Supreme Court in M.NAGARAJ and JARNAIL SINGH before doing so
every time."
4. In view of the submissions made by learned counsel for the
petitioner and the judgment of the Hon'ble Division Bench of the
Composite High Court for the States of Telangana and Andhra Pradesh,
Hyderabad, in the cases of W.P.Nos.4415, 4807, 40975, 41739, 43051
of 2016 and 2842 of 2017, this Writ Petition is allowed in terms of the
directions issued therein. No costs.
Miscellaneous petitions pending, if any, shall stand closed.
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 01.02.2024
Note: Registry to enclose copy of the common order
in W.P.No.4415 of 2016 and batch to this order.
B/o
Dua
LNA, J
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION (TR) No.5476 of 2017
01.02.2024
Dua
