Pradeep Marampally vs The State Of Telangana,
2025 Latest Caselaw 545 Tel

Citation : 2025 Latest Caselaw 545 Tel
Judgement Date : 23 July, 2025

Telangana High Court

Pradeep Marampally vs The State Of Telangana, on 23 July, 2025

     THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO


                   WRIT PETITION No.14310 of 2025

ORDER:

The present writ petition is filed challenging the action of the

respondents in not considering the candidature of the petitioners to

the Post of Chemist in the recruitment Notification No.

02/CGM(Adm)/2023, dated 04.10.2023 in the existing vacancies

even though petitioners are qualified and eligible for the said

vacancies as illegal and contrary to the Judgment of the Hon'ble

Supreme Court in Munja Praveen and Others V. State of

Telangana and Others ((2017) 14 SCC 797), and consequently

direct the respondents to consider the candidature of the petitioners

for appointment to the post of "CHEMIST" without treating the

existing vacancies as fallout vacancies.

2. Heard Mr. A.Raghuram, learned counsel appearing for the

petitioners, learned Government Pleader for Energy appearing for

respondent No.1 and Mr. Srinivasa Srikanth, learned Standing

counsel appearing for respondent No.2.

3. Learned counsel for the petitioners submits that respondent

No.2 issued Notification No.02/CGM(Adm)/2023, dated 04.10.2023,

inviting applications for the post of "Chemist". The number of

tentative vacancies indicated in the said notification are 60. It is

further submitted that pursuant to the said notification, the

petitioners applied for the said posts, appeared for the written

examination held on 14.07.2024 and qualified in the written

examination and eligible for the post of Chemist.

3(i) Learned counsel for the petitioners further submits that

respondent No.2 issued Letter No. Dir(HR)/CGM(Adm)/DS(Adm)/

AS(Adm)/PO-C/36/2023-2, dated 05.01.2025, stating that out of

399 posts, appointment orders were made only to 315 candidates

under the category of Assistant Engineers (Electrical, Mechanical,

Electronics and Civil) and "Chemist," leaving 84 vacancies unfilled

due to absence of certain candidates during document verification.

It is further submitted that the petitioners, being qualified and

eligible, sought consideration for these unfilled vacancies but were

informed that the vacancies would be carried forward to the next

notification.

4. Learned counsel for the petitioners further submits that the

petitioners had previously submitted several representations dated

12.09.2024, 16.10.2024, 07.11.2024, 25.11.2024 and 23.12.2024, to

respondent No.2 requesting to consider their candidature for

appointment to the post of "Assistant Engineer and Chemists".

However, respondent No.2 failed to act upon the said

representations. Subsequently, petitioner Nos.1, 4 and 7 submitted

further representations dated 31.01.2025 and 06.02.2025 to

respondent No.2, but the same have not been considered till date.

Aggrieved by the action of respondent No.2, the petitioners herein

filed the present Writ Petition.

5. Learned counsel for the petitioners placed reliance on the order

passed by this Court in W.P.No.13599 of 2025, wherein this Court

directed the respondent authorities to dispose of the representations

made by the petitioners dated 12.09.2024, 16.10.2024, 07.11.2024,

25.11.2024, 23.12.2024, 31.01.2025 and 06.02.2025 in terms of the

judgment of the Hon'ble Supreme Court in Munja Praveen and

others V. State of Telangana and Others ((2017) 14 SCC 797) and

pass appropriate orders within a period of eight (08) weeks from the

date of receipt of a copy of the order. He further submits that in view

of the aforesaid decision and as the petitioners herein are similarly

situated persons, therefore, prays that this Hon'ble Court may be

pleased to direct the respondent authorities to consider the

candidature of the petitioners herein for appointment to the post of

"Chemist" without treating the existing vacancies as fallout

vacancies.

6. Learned counsel for the petitioners also placed reliance on the

decision of the Hon'ble Supreme Court in Munja Praveen v. State of

Telangana 1, contending that the principles laid down therein are

squarely applicable to the present case. Observation of the above

case in Para No.8 is as follows:

"....According to these rules, in a recruitment year, against number of notified vacancies, selection shall be made only to the equal number of posts notified and there shall be no waiting list. In other words, in a recruitment year, after selection of the candidates and after issue of appointment orders, if the candidate fails to join duty within the stipulated period that vacancy shall be notified again in the next recruitment year, this alienates the system of preparing waiting list for fall out the vacancies..."

7. Per contra, the learned counsel for respondent No.2 brought to

the notice of this Court the contents of paragraph No.12 of the

affidavit, wherein it is submitted that Para V, Clauses 1 and 2 of the

Notification dated 04.10.2023 pertain to the details regarding

vacancies. The said clauses are extracted below:

"1.Vacancies:The Recruitment will be made to the vacancies notified, which are subject to variation, based on work exigencies and necessity; and shall be filled-up duly following the "Rule of Reservation", in terms of Service Rules/Regulations, in vogue. There shall be no "Waiting List" as per G.O.Ms.No.81, General Administration (Ser.A) Department, dated 22.02.1997, as adopted by the TSGENCO, vide B.P(P&G-Per) Ms.No.100, dated 23.07.1997.