H.M.W.S.Andsbbc And Oc Employees Joint ... vs The State Of Telangana
2024 Latest Caselaw 415 Tel

Telangana High Court

H.M.W.S.Andsbbc And Oc Employees Joint ... vs The State Of Telangana on 31 January, 2024

       THE HONOURABLE SRI JUSTICE PULLA KARTHIK

                  WRIT PETITION NO.1316 OF 2024

O R D E R:

With the consent of the parties, the Writ Petition is disposed

of at the stage of admission itself.

2. This writ petition 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 in following Rule of Reservation to confer consequential seniority to employees who belong to SC/ST categories in the matter of promotions in the office of respondent No.2, above senior employees 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 in 2018 LawSuit (SC) 943 and DB Judgment of this Hon'ble Court in WP No.4415 of 2016, is highly illegal, arbitrary, unconstitutional. Consequentially, to direct the respondent No.2 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 and review all promotions granted since the date of judgment passed in M.Nagraj by the Hon'ble Supreme Court and pass...'

3. Heard Sri Mohd.Adnan, learned counsel for the petitioner,

learned Government Pleader for Services - III appearing for

respondent No.1 and Sri G.Narender Reddy, learned Standing

Counsel for HMWS & SB appearing for respondent No.2.

PK,J wp_1316_2024

4. Learned counsel for the petitioner submitted that the

petitioner has made a representation to respondent No.2 on

13.09.2023 seeking redressal of his grievance and the same is still

pending consideration. Therefore, learned counsel has prayed this

Court to direct respondent No.2 to dispose of the representation

made by the petitioner on 13.09.2023.

5. Learned Standing Counsel appearing for the respondent No.2

submits that the respondent-authorities will consider the

representation of the petitioner, dated 13.09.2023 and pass

appropriate orders thereon, in accordance with law.

6. In view of the submissions made by respective parties,

without expressing any opinion on merits of the case, the Writ

Petition is disposed of directing respondent No.2 to consider the

representation dated 13.09.2023 made by the petitioner and pass

appropriate orders thereon, in accordance with law, within a period

of six weeks from the date of receipt of a copy of this order and

communicate a copy thereof to the petitioner. There shall be no

order as to costs.

Miscellaneous applications, if any, pending in this writ

petition, shall stand closed.

___________________________ JUSTICE PULLA KARTHIK Date: 31.01.2024 ns