Telangana High Court
Jindam Balakishan vs The State Of Telangana on 13 February, 2025
1
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.627 OF 2025
ORDER:
This writ petition is filed for the following relief:
"...to issue a Writ, Order or a direction, more particularly one in the
nature of Writ of Mandamus to declare the action of the Official
respondents in not determining and recasting the inter-se-seniority
list of School Assistants posts relating to vacancies of 2001-2002
years which were required to be filled by a common requisition with
regard to direct recruitment and promotions in the post of School
Assistants without adhering to the prescribed quota of 30% quota
for direct recruitees and 70%percent quota for promotees in respect
of method of appointment of School Assistants in School Education
Department as per applicable rules for the purpose of promotion to
the post of Panel Grade Headmaster and its allied posts and keeping
the settlement of dispute of inter-se-seniority between the direct
recruits and promotees of the claims of the petitioners for more
than two decades despite the district unit department recommended
for notional seniority in terms of quota rules and also as per the
recommendation Lr.Rc.No.10671/B1/2012, dated 05.11.2012 and
denying the just claim of the petitioners for legitimate promotion as
per the quota rules as being illegal, arbitrary, unjust and is
subversive of Article 14 and 16 of the Constitution of India besides
being contrary to the principles of law laid down by the Hon'ble
Supreme Court in respect of cases where quota/rota system
prescribed in service rules between the direct recruits and
promotees and consequently direct the official respondents to
determine and recast the inter-se-seniority of the petitioners
Promotee School Assistants vis-a-vis the direct recruitees School
Assistant strictly adhering to prescribed quota of 70% for promotees
and 30percent for direct recruitees with regard to appointment of
School Assistants duly according promotions to the petitioners to
the post of panel grade Headmaster and its allied posts in School
Education Department with all consequential benefits by reckoning
the seniority from 03.09.2002 which was originally scheduled to be
promotion counseling date before the direct recruitment of DSC
2002 notification took place on the strength of the Judgment of
Honourable Supreme Court reported in 2023 (2) SCALE 58 and also
1995 (2) SCC 745 and to pass such other order or further orders as
this Hon'ble Court may deem fit and proper in the circumstances of
the case."
2. Heard Sri M. Bharat Shah, learned counsel for the petitioner
and learned Government Pleader for Services-I for the respondents.
Perused the material on record.
3. It is the case of the petitioners that they were appointed as
Secondary Grade Teachers (SGTs) in the year 1996 and 1998, and
were subsequently promoted to the post of School Assistants (SAs)
with effect from 01.11.2002. However, the promotion counseling,
which was scheduled to be held on 03.09.2002 under the 70:30
quota rule in promotional post of School Assistant between
promotees and direct recruits, was postponed to 20.10.2002 and
21.10.2002 respectively without valid reasons or justification, which
in turn, resulted in the direct recruits being benefitted.
4. It is stated that due to delay and deviation from the
prescribed procedure, the petitioners were treated as juniors to the
direct recruits. Thereby affecting their promotions to higher posts,
such as Panel Grade Headmaster. The respondents violated the
recruitment and promotion rules, including the G.O.Ms.No.163
dated 01.12.2001, and failed to communicate the seniority list,
which led to an unjust denial of the petitioners' legitimate rights.
5. It is further stated that the petitioners', through their Union
Representatives, submitted a representation dated 04.06.2012, to
respondent No.3 requesting the rectification of the anomalies in the
seniority list and for the grant of notional seniority in the category
of School Assistant. Despite submitting the representation, no
action has been taken by the respondents.
6. Learned counsel for the petitioners has placed on record a
copy of the representation dated 25.01.2025, addressed to the
Director of School Education, Government of Telangana, Hyderabad.
In the said representation, the petitioners' request that their
seniority as School Assistants promoted on 01.11.2002, be
considered on par with those promoted on 17.10.2002 under the
DSC 2002 Direct Recruitment. The petitioners have requested that
the authorities to examine this issue and pass necessary
instructions to the respective Regional Joint Directors (RJDs) and
District Educational Officers (DEOs) to consider the judgment of the
Hon'ble High Court of Telangana in fixing the seniority of the 2002
School Assistant promotees, ensuring that their names are placed
ahead of the direct recruit School Assistants who joined on
17.10.2002 in the upcoming seniority lists for promotions to
Gazetted Headmaster Grade-II and allied posts, as well as for other
related purposes.
7. Learned Government Pleader for the respondents submits that
the writ petition may be disposed of in terms of the orders passed
by this Court dated 29.08.2024 in W.P.No.11459 of 2023 and dated
02.01.2025 in W.P.No.37097 of 2024.
8. In view of the above submissions made by the learned
counsel for the respective parties, without going into the merits of
the case, this Writ Petition is disposed of, directing the respondents
to consider the representation dated 25.01.2025 of the petitioners,
and pass appropriate orders in accordance with law, as
expeditiously as possible, preferably, within a period of eight (8)
weeks from the date of receipt of a copy of this order. There shall
be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this
Writ Petition, shall stand closed.
___________________________
NAMAVARAPU RAJESHWAR RAO, J
Date: 13.02.2025
HFM
