SRl. P v. RAMANA
Case Details
Acts & Sections
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 pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Regional Joint Director which is a state- wide post on par with the juniors inspite of the orders passed by the 3rd respondent in proceedings dt.30.4.2019 for granting notional promotion as per Court Orders w.e.f. 13.8.2012 inspite of submitting representations dt.19.7.2023, 28.12.2024 and 06-01-2024 as illegal, arbitrary and in violation of Article 14,16 and 21of Constitution of lndia and consequently declare that the petitioner is entitled for promotion to the post of Regional Joint Director on par with the juniors with all consequential benefits in the interests of justice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an interim direction directing the respondents to consider and dispose the representations of the petitioner d1.19.7.2023, d1.28.12.2024 and dt.6.'1 .2024 for promotion to the post of Regional Joint Director keeping in view of the proceedings issued by the 3'd respondent dt.30.4.20'19 in the existing vacancy pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. P. V. RAMANA Counsel for the Respondent Nos. 1&3: GP FOR SERVICES I Counsel for the Respondent No.2: GP FOR SERVICES ll The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.3026 OF 2025 ORDER This writ petition is filed seeking the following relief: "...to issue an order/direction or any appropriate writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Regional loint Director which is a state-wide post on par with the juniors inspite of the orders passed by the ld respondent in proceedings dated 30.04.2019 for granting notional promotion as per Court Orders w.e.f. 13.08.2012 inspite of submitting representations dated 19.07.2023, 2A.12.2024 and 06.01.2024 as illegal arbitrary and in violation of Article 14, 16 and 21 of Constitution of India and consequendy ddclare that the petitioner is entitled for promotion to the post of Regional loint Director on par with the juniors with all consequential benefits in the interest of j ustice...".
2. Heard Sri P.V. Ramana, learned counsel for the pefitioner, learned Government Pleader for Services-I for respondent Nos.1 and 3 and learned Government pleader for Services_Il for respondent No.2. With the consent of both the parties, the writ petition is taken up for disposal, at the stage of admission. perused the materia I on record.
3. Learned counsel for the petitioner submits that the petitioner was appointed as a Junior Lecturer in Commerce on 18.02.2001 and promoted as Lecturer in Commerce on 18.03.2006 in Degree 2 College. Thereafter, the petitioner filed O.A before the Administrative Tribunal and the Tribunal passed order granting notional seniority in the cadre of Lecturer and accordingly, he was given notional seniority and promotion in the cadre of Lecturer from 2002 onwards.
4. Learned counsel for the petitioner further submits that the petitioner was further promoted as principal on 1g.08.2018 and his services were regularized in the post of principal as per the directions issued by this Court notionally w.e.f. 13.08.2012 by the orders of commissioner of coregiate Education, dated 30.04.2019. In the said rist one Dr.G.yadagiri was shown at sr.No.1 and Dr. D. S. R. Raghavendra Singh was shown at Sl.No.2, whose services were regularized w.e.f 24.09.2012 and they are juniors to the petitioner. Thereafter, the Government prepared final seniority list on 79.07.2021 and in the said list also, the petitioner,s name was shown below to Dr.G.yadagiri and Dr.D.S.R.Raghavendra Singh, and the said two persons were further promoted as Regional Joint Director on 05.02.2021 and 30.05.2021 in G.O.Ms. No.10, H.E and G.O.Rt No.138 H.E respectively.
5. Learned counsel for the petitioner further submits that the petitioner made a number of representations on t9.07.2023, 29.12.2024 and 28.t2.2024, for granting promotion to the post of J Regional .loint Director on par with the above two persons, who are juniors to him. The said representations are still pending before the Principal Secretary, Higher Education.
6. Learned counsel for the petitioner further submits that the petitioner also made representations before the Chief Secretary on
05.01.2024 and on 06.01.2024 for promotion to the post of the Regional loint Director.
7. Learned counsel for the petitioner further submits that the order of the Commissioner, Collegiate Education, granting notional promotion w.e.f. 13.08.2012 has become final. - Therefore, the respondents ought to have altered the seniority position and ought to have conducted review DPC for his promotion retrospectively on par with his juniors. B. Learned counsel for the petitioner further submits that the petitioner is going to retire from service on 30.06.2026. However, the respondents have not passed any orders on the said representations. Therefore, learned counsel for the petitioner submits that appropriate orders have been passed in this writ petition by directing the respondents to consider the above representations submitted by the petitioner and pass appropriate orders in accordance with law. G t I I I 9. On the other hand, learned Government Pleader for Services-I and Services-Il, appearing for the respondents submits that the respondents would consider the representations submitted by the petitioner and pass appropriate orders thereon' in accordance with law.
10. In view of the above submissions' without going into merits of the case, the respondent authorities are directed to consider the representations submitted by the petitioner on 19'O7'2023' 28,12,2024and06'0l.2024,forpromotiontothepostofRegional loint Director and pass appropriate orders in accordance with law' within a period of six (06) weeks from the date of-receipt of a copy of this order and communicate the same to the petitioner' Accordingly, writ petition is disposed of' There shall be no 11 order as to costs. I ASaSequel,miscellaneousapplicationspending,ifany,inthis -]Alril Petition, shall stand clqqqd'-- //TRUE COPY' Stl/-T.TIRUMALA DEvl ASSISTANT REGISTRAR 0\ ECTION OFFICER I \ # To, Telanoana Secretariat, T S.,Hyderabad
1. The Principal Secretary, Higher Education (C E ) Dept, Dr'B R Ambedkar z fhJpTincipal Secretary, General Administration (Ser'C )Dept, - Dr.B.R.Anibedkar Telangana Secretariat, T.S-,Hyderabad. 3. ine Commissioner of Cdllegiate Education, ryqmp-?lly, Hyderabad +. One cc lo SRl. P. V. RAMANA, Advocate [OPUC] s. i*oCCtto GP FOR SERVICES ll ,High Cburt for the State of Telangana at 'GP FOR SERVICES I High Court for the State of Telangana, at o r,ivo cds to 7. Two CD CoPies Hvderabad [OUT] Hyderabad [OUT] BM HIGH COURT DAf ED:0410212025 ORDER WP.No.3026 of 2025 1 HE ST4 /t] k ,d 3 13 FEB 2025 t- r//./ P 7 .L DISPOSING OF THE WRIT PETITION WTHOUT COSTS I D6,SPATCT\ 0t{,''