High Court · 2025

Petition under Article 226 ot lhe 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 especially one in the nature of writ of mandamus declaring that a) Action of the respondents in not promoting the petitioner notionally, as School Assistant (Sobial), on par with the date of promotion of his juniors in pursuance of lefter addressed by the 2nd respondent in proceedings in Rc.No. 36102-312009 dated 19.01.2009 is illegal, arbitrary and discriminatory violating article 14 and 16 of the Constitution of lndia. b) Further declare that the respondents shall consider the case of the petitioner for giving notional promotion to the petitioner as School Assistant (Social) on par with the promotion of his junior i.e., from the year 1997. lA NO: 1 OF 2023 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 3rd respondent to promote the petitioner as Schoor Assistant (sociar) by complying the orders issued by 2nd rq5pondent in Rc.No.36/02-3l2009 dated 19.01 .2009, pending disposal of the Writ petition. Counsel for the petitioner: M/s. E.R.SAVITHRI Counsel forthe Respondents: Gp FOR SERVICESJ The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.7793 of 2023 ORDER: Heard Sri E.R. Savithri, learned counsel appearang on behalf of petitioner and Iearned Assistant Government Pleader for Services-I, appearing on behalf of respondent Nos.l to 3.

2. The petitioner approached this Court seeking the prayer as under: "...to pass a writ, order or direction especially one in the nature of Writ of Mandamus declaring that (a) (b) Action of the respondents in not promoting the petitioner notionally as School Assistant (Social) on par with the date of promotion of his juniors in pursuance of letter addressed by the 2nd respondent in proceedings in Rc. No. 36/02-3/2009 dated 19- O1-2009 is illegal, arbitrary and discriminatory violating Articles 14 and 16 of the Constitution of India. Further declare that the respondents shall consider the case of the petitioner for giving notional promotion to the petitioner as School Assistant (Social) on par with the promotion of his junior i.e from the year L997 (c) And pass... ". ,..... -;J-: 2 SN, J wP 7791 2021

3. The r:ase of the petitioner. in brief. is that the petitioner was appointed as Special Teacher vide proceeding Nos. E2/1236/89 dated 14.72.1990 and was given posting in Government Upper Primary School, Mothinagar, Mahabubnagar District. The Respondent No.3 had issued proceedings dated

30.05.1991 absorbing the petitioner and other special teachers into regular SGBT Teachers and posted them in Government High School, Veerannapet, Mahabubnagar District. Though the petitioner belongs to DSC, 1989, he was absorbed into regular SGT post on 12.06.1991. However, the candidates who were appointed through DSC 1990 were shown as seniors and promoted as School Assistant earlier to the petitioner. The petitioner submitted a representation to the respondents to restore the petitioner's seniority on par with his juniors. The respondent No.3 issued proceedings dated 16.12.2008 addressed to the Respondent No.2 recommending the case of the petitioner for promotion and For restoration of seniority of the petitioner. However, no action had been taken till date.

4. It is the specific case of the petitioner that petitioner vde representation dated 14.02.2023 addressed to the 3'd respondent requested him to allow petitioner's Regular J SN, J w 7'1% 2b23 absorption in SGT cadre w.e.f.12/L2/1990 and SA promotion w.e.f. 25.05. L997 on par with petitioner's juniors of DSC 1990 candidates with notional benefits on the ground that the petitioner is going to retire in April, 2025. However, the said representation had not been considered. Aggrieved by the same, the present writ petition is filed. E RECORD PERUSED 5. The Proceedings of Director of School Education, Andhra Pradesh, Hyderabad, vide Proc- Rc.No.36/D2-3l 2OO9, dated 19.01.2OO9 is extracted hereunder: "The attention of the District Educational Officer, Mahabubnagar is invited to the reference read above, and he is directed to furnish the seniority list of DSC-1989 candidates in Mahabubnagar District and also inform the reasons for not giving promotion to Sri Raheem Ahmed Farooqu[, SGT, on par with his juniors leaving the senior most candidates as stated in the reference".

6. The Proceedings of respondent No.3 issued to respondent No.2, vide Proc. Rc.No.B2lt339gl2OO7, dated

16.12.2OO8 is extracted hereunder: "In this connection it is submitted that the incumbent was selected through DSC-1989 and he was absorbed and allowed the scale after appointment of 4 SN, J wP 7793 2023 b t <a= -lrc^ n ir rcl tn -aarrlr; 99O as he was candidates who are selected in DSc-1990. The r DSC- 1 th -G +^ ]ia the ca nd idates of he lected in h sc-1 (lQ o H n frrra ur of iha incumbent. Therefore his sen oritv stohe restored on Da r with iun ors se ected inD 9O dulv absorbino him from the date of 12-12-1990 instead f 1r- 06-1 oot i< fa ha restored and Dromotion t be oiven to him thereon. He nce his reouest needs conside alrr hia < sc-1 ion". e

7. It is further the case of the petitioner that though the petitioner's representation is dated L4.O2.2023 and pertains to inclusion of petitioner's name in SA to GHM (Govt) Seniority List- 2023 and the same had been acknowledged by the office of the 3'd respondent, no action had been initiated in this regard as on date.

8. The learned Assistant Government pleader for Services-I appearing on behalf of respondents submits that the writ petition could be disposed of directing the 3'd respondent to consider the grievance of the petitioner as put forth in the petitioner,s representation dated 14.02.2023 addressed to the 3.d respondent herein which had been acknowledged by the office of the 3'd respondent, in accordance to law, within a reasonable period. 5 S!.I, J wP 719f 2023

9. The learned counsel appearing on behalf of the Petitioner does not dispute the said submissions made by the learned Assistant Government Pleader for Services-I, appearing on behalf of the respondents. 1O. Takino into consideration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I, appearing on behalf of respondents, (c) The proceedings Rc.No.36/D2-312OO9, dated 19.01.2009 of the 2nd respondent, (referred to and extracted above), whereas reasons had been called for not giving promotions to the petitioner herein on par with petitioner's juniors, (d) The proceedings Rc.No.B2l1339812OO7, dated 16.12.2008 of the respondent No.3 addressed to respondent No.2 very clearly observing that the petitioner was selected through DSC-1989 and he was absorbed and allowed the scale after appointment of 6 SN, J wP 7793 2027 candidates who are setected in DSC 199O and that the petitioner has to be absorbed in regular scate before the candidates of the DSC 1990 as he was selected in DSC 1989 and therefore, the petitioner,s seniority is to be restored on par with juniors selected in DSC 199O duly absorbing the petitioner from the date ot LZ.L2.1-99O instead of 12.06.1991 and hence seniority of the petitioner needs to be restored and promotion to be given to the petitioner thereon, (e) The contents of the petitioner,s representation dated 14.02.2O23 addressed to the 3.d respondent herein, which had been acknowledged by the office of the 3.d respondent, (f) The fact that no action had been initiated on petitioner's representation dated L4.O2.2O23 addressed to the 3'd respondent as on date, The writ petition is disposed of directing the 3.d respondent to consider the grievance of the petitioner as put forth in the petitioner's representation dated L4.O2.2O23 addressed to the 3'd respondent herein, pertaaning to restoration of petitioner,s seniority on par 7 sN, l \tP 't793 2023 wath petitioner's Junaors selected in DSC 199O duly absorbing the petitioner from the date of 12'12'199O instead of 12.O5.1991 in accordance to'law, in conformity with principtes of natural justice by giving an opportunity of personat hearing to the petitioner duly taking into consideration the proceedings issued in favour of the petitioner by the 3d respondent addressed to the 2"d respondent referred to and extracted above, and pass appropriate orders, within a period of three (3) weeks, from the date of receapt of a Gopy of this order and duly communicate the decision on the said representation dated 14.O2.2O23 to the petitioner. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed' SD/.N.SRIHARI TANT REGISTRAR s /ITRUE COPYI/ SECTION OFFICER To

1. The PrinciPal Secretary to Govemment, School Education DePartment, Telangana State Secretariat, BRKS Bhavan, Lower Tank Bund Road, erabad, State of Telangan? Hvd Directo r of School Educatio 2. The 3. The District Educational Officer' 4. One CC to M/s. E.R.SAVITHRI' Advocate [OPucl 5. Two CCs to G P FOR SERVICES- State, HYderabad. at, Mahabubnagar District n, Telangana Mahabubnag l, High Court for the State of Telangana, at Hvd erabad. [OUTI CD Copres

6. Two PSK./BSK HIGH COURT DATED:2410312025 ORDER WP.No.7793 of 2023 CC TODAV { a s rArE- 15 t'Jil iltr D 4t ,rr' I :'l ,,) .,. :)ru '<{ DISPOSING OF THE WRIT PETITION WITHOUT COSTS