Telangana High Court
A.M. Yousuf Hussain vs The State Of Telangana on 20 February, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.4444 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is
filed seeking the following relief:
"...to pass an order, direction or a writ particularly in the
nature of Writ of Mandamus declaring that the action of the
respondents No.3 and 4 in following the Rule of Reservation to
confer consequential seniority upon the respondent No.5 in the
matter of promotions above the petitioner belonging to general
category, without undertaking the exercise of collecting
quantifiable data showing inadequacy of representation of that
class in public employment and efficiency in services in addition
to compliance with Article 335 of the Constitution of India, as
laid down by the Hon'ble Supreme Court of India, in a case of
M.Nagraj 2006 (8) SCC 212 and in the case of Jarnail Singh
reported in2018 LawSuit (SC) 943 and DB Judgment of this
Hon'ble Court in W.P. No.4415 of 2016, on the basis of objections
raised by the petitioner dated 12-02-2024 is highly illegal,
arbitrary and unconstitutional, Consequently, this Hon'ble Court
may be pleased to direct the respondents No.3 and 4 to
undertake the exercise of collecting quantifiable data showing
inadequacy of representation of that class in public employment
and efficiency in services in addition to compliance with Article
335 of the Constitution of India as laid down by the Hon'ble
Supreme Court of India in a case of M.Nagraj 2006 (8) SCC 212,
and in the cade of Jarnail Singh reported in2018 LawSuit (SC)
943 and DB Judgment of this Hon'ble Court in W.P. No.4415 of
2016 and Review All promotions granted since the date of
judgment passed in M.Nagraj by the Hon'ble Supreme Court and
pass..."
PK,J
wp_4444_2024
2. Heard Sri Mohd. Adnan, learned counsel appearing for the
petitioner, learned Government Pleader for Services-III, appearing for
respondent Nos.1 and 2 and Sri V. Narasimha Goud, learned Standing
Counsel for Hyderabad Metropolitan Development Authority, appearing
for respondent Nos.3 and 4.
3. With the consent of the respective parties, the writ petition is being
disposed of.
4. Learned counsel appearing for the petitioner submits that though
the petitioner is (11) years senior to respondent No.5 he is placed at
Sl.No.3, as junior to respondent No.5, in the tentative seniority list in the
cadre of Superintending Engineer. Aggrieved by the same, the petitioner
submitted his objections to respondent No.4 vide representation dated
12.02.2024. However, without considering the same, the respondents are
proceeding to confer seniority to respondent No.5. Therefore, learned
counsel for the petitioner prays this Court to direct respondent No.4 to
consider the representation dated 12.02.2024 and pass appropriate
orders thereon.
5. Learned Standing Counsel appearing for respondent Nos.3 and 4
submits that respondent No.4 will consider the objections raised by the
petitioner vide letter dated 12.02.2024 and pass necessary orders
accordingly.
6. In view of the above made submissions, without going into merits of
the case, the Writ Petition is disposed of directing respondent No.4 to
PK,J
wp_4444_2024
consider the objections raised by the petitioner vide letter dated
12.02.2024 and pass appropriate orders thereon in accordance with law,
within a period of six (06) weeks from the date of receipt of a copy of this
order and communicate a copy thereof to the petitioner.
Interlocutory applications, if any, pending in this writ petition, shall
stand closed. No costs.
______________________
PULLA KARTHIK, J
Date: 20.02.2024
GSP
