High Court · 2025

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT P ETITION NO :4180 OF 2025 Between: R.Samba tVurthy, S/o Smt.Sammakkg, Aged 40 yrs., Occ. Kamati, O/o Asst Sociat wetfare officei Hanumakonda, H.Nb. )-+-eadli 'na, Nrg;;' v.ir "oi.t- Hanumakonda i",ii ' AND ...PETITIONER

1. The State of Telanoana, R"Jl Oy the principal Secretary S.C. Development Department, coverrimeni oi%riirg';na, ivoSr?ouo.

2. The Commissioner, S.C Telangana, Hyderabad. Development Department, Government of

3. The District coltector, Hanumakonda District (previousry warangar District) 4. The Deputy Director, Schedute Caste Development Dept., Hanumakonda. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of a WRIT oF MANDAruus, decraring that the action of Respondents in not considering the Representations dated 07 to\l2o24 and 04t02t2025, submitted by the Petitioner herein praying the Respondents to rerease the annuar grade increments from the year 2014 onwards tifl date without there being any order in writing and further promoting the petitioner to the post of senior Assistant in spite of eligibility as irregar, unjust, contrary to raw, arbitrary, discriminatory, in violation of law, and the Principles of Natural Justice and violation of Articles 14, 16 and 21 of the constitution of lndia and consequently direct the respondents to regularize the services of the Petitioner as Junior Assistant-cum-Typist from the date of appointment 01111t2o12 by declaring her Probation Period and further direct the Responder-rts to promote the Petitioner to the post of Senior Assistant on par with her Juniors namely V.Shankar Rao by releasing the annual grade increments lrom 2014 onwards with all consequential benefits by following the order dated 27t0112025 passed in W.P.No. 2176 ot 2025- IAN O: 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 direct the Respondents herein to pass appropriate orders in the Represent"tion" daled 04.o2.2025 submitted by the Petitioner herein by promoting the Petitioner to the post of senior Assistant on par with his Junior namely V.Shankar Rao with all consequential benefits by following the order dated 27.01 .2025 passed in W.P.No. 2176 ol 2025. Gounsel for the Petitioner: SRI R. PRABHAKAR Counsel for the Respondents: GP FOR SERVICES' lll The Court made the following: ORDER l. I I .t I n I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITIoN No.418o oF 2025 ORDER This writ petition is filed for the following relief: "...to issue a writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring that the action of Respondents in not considering the Representations dated 07.08.2024 and 04.02.2025 submitted by the petitioner herein praying the Respondents to release the annual grade increments from the year 2014 onwards tilt date without there being any order in writing and further promoting the petitioner to the post of Senior Assistant in spite of etigibility as iltegal, unjust, contrary to taw, arbitrary, discriminatory, in violation of law and the principles of Natural lustice and violation of Artictes 14, 76 and 21 of the Constitution of India and consequen y direct the respondents to regularize the services of the petitioner as lunior Assistant cum Typist from the date of appointment 01.11.2012 by dectaring her Probation period and further direct the Reipondents to promote the Petitioner to the post of Senior Assistant on par with her luniors namely V. Shankar Rao by releasing the annual grade increments from 2074 onwards with all consequential benefits by fo owing the order dated 27.01.2O25 passed in W.p.No.2176 of 2025 and pass such other order or orders as this Honorable Court may deem fit and proper in the interest of justice.,,

2. Heard Sri R. prabhakar, learned counsel for the petitioner and learned Government pleader for Services_Ill for the respondents. Perused the material on record. 3 The case oF the petitioner is that the petitioner was appointed as a Junior Assistant-cum-Typist under compassionate grounds, 2 following the retirement of his mother, Smt. R. Sammakka, who suffered from dementia. This appointment was made vide Proceedings Rc.No.B3l153t/20l0-t, dated 01.11.2012, based on G.O.Ms.No.661 of the General Administration (SER.G) Department, dated 23.10.2008, after his mother's request for retirement on medical grou nds.

4. It is stated that during his probation period, the petitioner adhered to all rules and successfully passed the necessary exams. As such, he submitted representations dated 07.08.2024 and

04.02.2025, requesting regularization of his services, declaration of probation and release of his annual grade increments (AGIs) from 2013. But, the representations were not considered by the respondents.

5. It is further stated that the petitioner,s promotion to Senior Assistant was unjustly denied, while his junior, namely V. Shankar Rao, was promoted despite being lower in the 'seniority list. Furthermore, the petitioner has not received AGIS since 2013, despite being entitled to them. Aggrieved by the same, the petitioner has filed the present writ petition.

6. Learned counsel for the petitioner prays this Court to direct the respondents to consider the representations dated 07.08.2024 and 04.O2.2O25, submitted by the petitioner and pass appropriate 3 orders, within a stipulated period of time.

7. Learned Government Pleader for the respondents submits that the respondents would consider the representations of the petitioner dated 07.08.2024 and 04.02.2025 and pass appropriate orders thereon, in accordance with law.

8. Having regard to the submissions made by the learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing the respondents to consider the representations dated 07.08.2024 and

04.02.2025, submitted by the petitioner, and pass appropriate orders thereon, strictly in accordance wlth law, as. expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shail.,slaqq glgsgd. //TRUE COPY// SD/-P. PADMANABHA BEDDY ASSISTANT REGIFTRAR ,l @ SECTION OFFICER Governmeht of Telangana, Hyderabad'

1. The Principal Secretary S.C- Development Department' State of Telangana' ''b""i"roprn"nt Department' Government of 2. The Commissioner, S]b'. Telanoana. Hvderabad. 3. i[['DYS-;i ii]iEt["'iii""rmakonda District (previously warangal District) i iii" o"irriv bit".tor.,'s.nuoriu ciit" o"u"lgP1ql! De[t'' Hanumakonda' r;. d;-cdtd'sir n. pnneHAKAR, Advocat-e [oPUC] 6. i;;66."to cp'iot. seil;;;'- irr ,Higrl court for-the State of Telansana at 7. Two CD CoPies Hyderabad. [OUTI . I To, NilP AQ \ t HIGH COURT DATE D: 1 310212025 : I I t\F- 1 SI'A I6' /< ? 2 FEB 2l2i I ; L) \\ \r3 \:...*\:!. Dr .!;ir6r,^df ORDER WP.No.4180 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /t ., / /A /1 {