Telangana High Court
D.Rekha vs The District Medical And Health Officer on 7 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.36078 OF 2024
O R D E R:
With the consent of both the parties, this Writ Petition is
taken up for disposal, at the admission stage.
2. This Writ Petition is filed under Article 226 of
Constitution of India seeking the following relief:
"...to issue a Writ, order or direction more particularly one in the nature
of Writ of Mandamus, declare the impugned action of the respondents in not
fixing the seniority of the petitioner along with her batch-mates selected to
the post of Multipurpose Health Worker (now re-designated as Multipurpose
Health Assistant (F)) during the year 1995 while extending the said benefit in
respect of similarly situated person vide Rc.No.C1/1046/2015, dated
11.12.2015 without any justification or reasonable cause on the untenable
ground that the petitioner has not approached the Court of law and obtained
orders is as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of
the Constitution of India and consequently hold that the petitioner is entitled
for fixation of her seniority in the post of Multi Purpose Health Worker (F)
along with 1995 batch selections and consequently entitled for promotion to
the post of Multipurpose Health Supervisor (F) on that basis along with 1995
batch-mates in terms of the Judgment reported in 2008 (6) SCJ 328 with all
consequential and attendant benefits and pass..."
3. Heard Sri D.Balakishan Rao, learned counsel for the
petitioner and learned Government Pleader for Services-I for
the respondents.
4. Learned counsel for the petitioner submits that in
response to the notification issued by the respondents for the
post of Multi Purpose Health Worker during the year 1995,
the petitioner applied for the said post, participated in the
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selection process and got selected. However, the appointment
order could not be given to the petitioner as some of the
unsuccessful candidates approached the erstwhile Tribunal
by filing O.A.No.196 of 1996, in which the petitioner and
others contested the case. The Tribunal disposed of the said
O.A. on 21.01.1997. Consequently, the petitioner was
appointed as Multi Purpose Health Worker (Female) (now re-
designed as Multi Purpose Health Assistant (Female)) by
respondent No.1 on 30.03.1997. Learned counsel further
submits that the batch-mates of the petitioner were appointed
in the year 1996 itself and the petitioner is entitled for
notional seniority on par with her 1995 batch-mates as per
Rule 33 (b) of the Telangana State and Subordinate Service
Rules. Therefore, learned counsel prays this Court to permit
the petitioner to make representation before the respondents
redressing her grievance and the respondents may be directed
to consider the same and pass appropriate orders, within a
reasonable period of time.
5. Learned Government Pleader for the respondents
submits that the respondents will consider the representation
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of the petitioner, as and when received and pass appropriate
orders, in accordance with law.
6. Having regard to the submissions made by learned
counsel for the respective parties and without going into the
merits of the case, this Writ Petition is disposed of permitting
the petitioner to make a representation before the
respondents redressing her grievance within a period of one
(1) week from the date of receipt of a copy of this order. On
receipt of such representation, the respondents are directed to
pass appropriate orders, strictly in accordance with law, as
expeditiously as possible, preferably within a period of six (6)
weeks thereof and communicate a copy thereof to the
petitioner. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
____________________
PULLA KARTHIK, J
Date : 07.01.2025.
TMK
