Telangana High Court
N. Rajender vs The State Of Telangana on 27 January, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.105 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice)
Sri Rajeshwar Rao Garige, learned counsel represents
Sri Shashank Garige, learned counsel for the appellant, Sri Bhukya
Mangilal Naik, learned Government Pleader for Endowments, for
respondent Nos.1 and 2.
2. This Intra-Court appeal takes exception to the order dated
09.02.2024 whereby Writ Petition No. 21402 of 2017 preferred by
the appellant was dismissed.
3. Assailing the aforesaid order, learned counsel for the
appellant submits that the subject matter of challenge before the
writ court was a provisional seniority list. During the pendency of
the Writ Petition, by an interlocutory order, the writ court directed
the Department to take a final decision on the provisional seniority
list by considering the representations of the employees. In turn,
final seniority list dated 16.08.2018 came to be issued.
4. Learned counsel for the appellant further submits that in
the final seniority list, the present appellant is shown below the
unofficial respondent No. 4. On the basis of direction issued by the
State Scheduled Castes/Scheduled Tribes Commission, respondent
No. 4 was further promoted. He submits that the appellant is
senior to respondent No. 4 and is entitled to rank senior to him and
has a preferential right of consideration for promotion.
5. Learned Government Pleader for Endowments, for
respondent Nos.1 and 2, submits that the appellant has already
filed W.P. No. 31054 of 2023 assailing the promotion of his juniors.
6. Faced with this, learned counsel for the appellant submits
that the aforesaid writ petition assails the promotion order of
different unofficial respondent(s) and not respondent No.4 herein.
7. We have heard learned counsel for the parties at length.
8. The principal reason for not entertaining the writ petition
of the appellant is that the appellant assailed the provisional
seniority list alone. The representations preferred against the said
provisional seniority list were decided pursuant to the writ court
order and a final seniority list dated 16.08.2018 was issued. The
appellant did not challenge the said final seniority list either by
amending the writ petition or by filing fresh writ petition. The
promotion order of respondent No.4 pursuant to the alleged
directions of said State Scheduled Castes/Scheduled Tribes
Commission was also not subject matter of challenge before the
writ court. Thus, in our opinion, learned writ court has taken a
plausible view and correctly opined that in absence of challenge to
the final seniority list dated 16.08.2018, no relief is due to the
appellant. Since the promotion of respondent No.4 was not at all
called in question in the instant writ petition, the question of
examining its validity does not arise. Since the learned Single
Judge has taken a plausible view, we find no reason to interfere in
this Intra Court appeal. The appeal sans substance and is hereby
dismissed. However, this order will not come in the way of the
appellant in instituting fresh proceedings against the final seniority
list dated 16.08.2018 and the promotion order of respondent No.4,
if law so permits. No costs.
Interlocutory applications, if any pending, shall also stand
closed.
___________________
SUJOY PAUL, ACJ
____________________
RENUKA YARA, J
Date: 27.01.2025
Myk/Tsr
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE Dr. JUSTICE G. RADHA RANI
(Per Hon'ble the Acting Chief Justice)
Date: 27.01.2025
myk/tsr
