The High Court · 2025

Judgment

1. 2 J The State of Telangana, Rep. by its Principal Secretary, Revenue (CT) Department, Secrelariat Buildings, Hyderabad' The Commissioner, Commercial Taxes, State of Telangana, Nampally Road' Hyderabad. TheJointCommissioner,stateTax,BoyawadaStreet,Nalgonda,Nalgonda District. ..RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanappropriateWrit,orderordirectionmoreparticularlyonein the nature of writ of ltr'landamus By declaring the entire action of the respondents, particularly action of the 2nd and 3rd respondent in not considering the case of the petitioner for promotion to the post of senior Assistant, (which is a Non- selection Post) in the absences of valid departmental proceedings/ criminal proceedings, while considering the names of juniors vide Proc TG CCT's Proc.No.C/E/1017:Z-v12024, Dt.o6l12t2o24 of the 2nd respondent, in spite of recommendations from the 3rd respondent vide his letter dt.30/12l2O22, is as highly illegal, arbitrary, unjust, improper and contrary to various judicial pronouncement in the subject matter. b) And consequently to hold that the petitionerhereinentitledforpromotiontothepostofSeniorAssistant,(WhichiSa Non-Serection post) w.e from the day on which his immediat€r juniors were promoted vide proc TG cc.s proc.No.C/E/.017r.-v12024, Dt.06r1212024 0f rhe 2nd respondent with a, consequentiar benefits, such as seniority and other aried benefits And c) cons;equenry to direct the respondents to forth wilh consider the caseof the petitroner for promotion to the post of Senior Assistant, (which is a Non-Selection post) in the existing vacancies. IA NO: 10 F 202s Petition under Sieclion 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the responcrenr's to forth with consider the case of the petitioner for promotion to the post cf senior Assistant, (which is a Non-serectio, post) in the existing vacancies by treating that there are no varid Departmentar proceedings or other proceedings a'e pending pending disposal of the above writ petition. Counset for the petitioner : SRI ARVIND KUMAR KATA Counsel for the Respondents: Gp FOR REVENUE (CT) The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Petition No.1527 of 2o25 ORDER: This w,rit petition is filed seeking the follon,ing relief (a) ..bg de:r'lairrg the etiue actiort of the respuL(7ettts, potTicularlll action of the 2'"t artd 3"t respotrclerLl ut rrot considering the cose of tlrc petitioner for Promottott to ll,c post o.f Setior Assistatt, (Which is o lyorl Seleclioru I'osfl itt f/re cl)-serICes of ualid deportntertctl proceedings/ crutitrtl proceedings, while consideing tlrc rtornes of juttiors utle Proc.'fGCCT's Proc.No.C/E/1017/Z'V/2O24, dQtc(l 06.12.2024 oJ' the 2trt resportdert, in sPtte ol' reconunendations fronr the 3"1 respondent uicle lis Lt'ttcr fu1ted -J0.12.2022, i-s crs lrtgltty ilLegal, (tbitrQnl, Ittt.lttst' inq)roper Qnd contrary to uaious judic[aL prorLotttrct:rttt'ttt it tlLe sltbJect mqtter- (b) A d consequetlttlt to hold that the petitiolrcr lrcreitr ettLilk'cL for prontotion to tle post oJ Senior Assislanr, (Wlticlt is rr 1yo,r-Se/ecfion Post), tu.e.f. the day on ruhir:/t his innretlittle juniors uere promoted uide Proc-No.C/E/ 1OI7/Z'V/2O21' dated 06.12.2024 of the )'"t resporrclent rurlh c l cotlsequential bene[its, such (ls -seniorltlJ cord otlrcr (tll?d benefits and (c) Consequenllll direct the respondents to forlhtuitlt consi(ler the case of the petttioner for promotiort to tle Post <t/ Sertior Assistanf, (Which is a NorvSeleclittrt Post) it tle e\lslutg uncancies and to P,a.SI suclt otlter order or ottl<:rs.."

2. Heard Sri Arvind Kumar Kata, learned counsel appearing for the petitioner and learned Government Pleader for Revenue (CT) Deparment appearing for the respondents

3. Learned counsel for the petitioner submits that the petltroner was appointed as a Junior Assistant on compassionate grounds on 02.O3.1994 and his servtces rvere regularized and probation was declared satisfactorily in the aforementioned cadre. On 30.O7.2016, u'hile he lr'as \\'orking .- ') WP t527 2025 RRN. J at bordcr commerr:ial ta-x check post, Wadepall-r Nalgonda District. A(lB officials carried out an unexpe<.ted check. Horvever, cltrring the aforementioned surprise check, nothing was founcl r,vitl-r the petitioner.

4. l,carrrcd counsel for the petitioner further slrbmits that even after a lapse of more than eight years, as olt today, disciplinarl 1>rocccdings are initiated against the petrtioner.

5. Lcarn,:<l counsel for the petitior-rer further submits tl-l at thc petition,:r''s,anre has,ot been taken into consicreration for prornotion to thc post of Senior Assistant, though he is eligible for promoti,'rn to the post of Senior Assistanl, based on the rtrling mentioncd by the Hon,ble Apex Court jn Union of India q.nd others a. Anit Kumar wherein the Hon,ble Apex "orr.rrr, Court held as follorrl,s: "fl <:re cort lte rto quarrel Lt,itlt the seltle.cl legql l)r(\ )o stt u tt r I ltel t he di sciplim4l procee.clinqs co tntnence ot t I A trtltetr rr :.ltrtrrl<. s,/reet i.s i-s.suer/ /o the deiinquent entptoye,,.. (Vkle L]tttotr of Ittdro u. K.V. ,tctrtltirantatt reporlecl ,rt 1iOO11 ,t .S('(' / ()9 <ttttl UOO l)artk u Rctlirtder Lal tapoor repot.ted j\ (.)O()7) 6 S(-('. 694" rue also reiterete that tlle disciplinotrl proct',,chrtr1s c()ln tctlcc only tulten a chttrqe shee/ rs i-s.sur:r,r Dcltrttlttt<'nltrl l)roceedinq is nornutlltl saicl to be itLtiotecl onitl tt'ltct tr cltorrle:.shee/ is is-srrcrl.' ' 1:o n)+ sr { rr, J wP 1527 2025 RRN..I

6. Learned Government Pleader appearing lor the respondents submits that the petitioner's case will be considered for promotion to the post of Senior Assistant, AS and ll'hen vacancy arises and promotions take place. 7 . In vieu, of the above submissions made by the learned Gorrernment Pleader, the respondents are directed to consider the case of the petitioner for promotion to the post of Senior Assistant, as and when vacancy arises and promotions take place, in accordance with lar.l,.

8. Accordingly, the present Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneor-rs applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// ASS ST SD/.N. SRIHARI NT REGISTRAR CTION OFFICER To, 1 The Principal Secretary, Revenue (CT) Department' Secretariat Buildings' State of Telangana. HYderabad.

2. The Commissioner, Commercial Taxes, State of Telangana' Nampally Road' Hyderabad. 3' The Joint Commissioner, State Tax, Boyawada Street, Nalgonda, Nalgonda District.

4. One CC to SRI ARVIND KUIVAR KATA, Advocate lOPUCl 5. Two CCs to GP FOR REVENUE (CT),High Court for the State of Telangana

6. Two CD CoPies BSK HIGH COURT DATED:2710112025 ORDER WP.No.1527 of 2025 ,eo 1HE iA ( o tJ 1B ruB 2025 .! / \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS