Telangana High Court
Mohd. Sirajuddin vs The State Of Telangana on 25 November, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT APPEAL No.1315 of 2025
JUDGMENT:
Heard Mr. Ravi Kondaveeti, learned counsel representing
Ms. Kirthi Teja Kondaveeti, learned counsel appearing for the
appellant and Mr. B.Krishna, learned Government Pleader for
Services (Home) appearing for respondent Nos.1 to 4.
2. Writ petitioner is aggrieved by the impugned order dated
25.07.2025 passed in W.P.No.688 of 2017 as the learned writ
Court without deciding the grievance raised by the writ petitioner
has disposed of the same on the ground that writ petitioner was
promoted as Leading Fireman pursuant to the interim order dated
05.01.2017. The writ petitioner had prayed for declaring the
action of the respondents in not finalizing the seniority in the
cadre of Fireman and not effecting promotions on the basis of the
date of the initial appointment to the post of Leading Fireman on
par with persons who were initially appointed as Fireman as
arbitrary and illegal. According to the petitioner, he was entitled
for promotion to the post of Leading Fireman at par with persons
who were appointed subsequent to him as Firemen from the date
of their promotion. Petitioner had based his case on the assertion
that the respondents were effecting promotions to the post of
Leading Fireman based on provisional seniority list without
finalising the seniority list in the cadre of Fireman. Though
petitioner was appointed as Fireman on 01.12.1991 but his
seniority was counted from the date of his transfer from Adilabad
District to Karimnagar District and it was not a request transfer.
As petitioner lost seniority on that count, his claim for promotion
to Leading Fireman was delayed whereas similarly situated
persons or juniors to him were getting promoted.
3. Learned counsel for the appellant submits that instead of
deciding the cause of action on merits, the learned writ Court
disposed of the writ petition only after taking note that the
petitioner was promoted to the post of Leading Fireman against
Roster No.49 to fill the existing vacancy in view of the interim
order dated 05.01.2017. Therefore, the matter may be remanded
to the learned writ Court for fresh consideration.
4. Learned Government Pleader for the respondent-State is not
in a position to dispute the contention advanced by the petitioner
that the main grievance of the petitioner remained unredressed.
5. We have gone through the pleadings on record and also
perused the impugned order. It is apparent that the writ petition
was disposed of only on the basis that promotion was effected in
favour of the petitioner in view of the interim order dated
05.01.2017. The question of reckoning of seniority from initial
date of appointment raised in the writ petition was not decided.
Therefore, the matter deserves to be remitted to the learned writ
Court for deciding it afresh.
6. The impugned order is, accordingly, set aside and the Writ
Appeal is allowed. However, there shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand
closed.
______________________________________
APARESH KUMAR SINGH, CJ
______________________________________
G.M.MOHIUDDIN, J
Date: 25.11.2025
KL
