WRIT PETITI ON NO: 14562 OF 2025 v. 1. The Joint Commissioner of Labour

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direation, more particularly one in the nature of a writ of Mandamus under Adicle 226 of the constitution of India declaring the proceedings No. A/1 160/2017 dated 30.07.2024 issued by the 'lst respondent as arbitrary, illegal, discriminatory, malafide, unconstitutional and violating Articles 14, 16 and 21 of the constitution of lndia and further declare the action of the 2nd respondent not revising the final seniority list issued by the 1st respondent by proceedings No. A/1 160/2017 dated 30.07.2024 in pursuance of the appeat filed 11 I H' -fr I by the petitioner dat,:l 12.09.2024 before the 2nd respondent as :rrbitrary, illegal' discriminatorri, malafide, u ncon stitutional and violating Articles 14, 16 and 21 of the constitution of lrdia and contrary to Note-1 of Rule 3 of spe'cial Rules read with Rule 33 of Stat3 and Subordinate Service Rules and issut,r consequential direction directing the 2nd respondent to issue revised final sen iority list in the cadre of Assistanl Lal)our Officer, Ranga Reddy Zone in terms of liote-1 of Rule 3 of Special Rules reercl with Rule 33 of State and Subordinate Service, Rules i.e. cycle prescribed amc ng direct recruitees, promotees and transferees taking into account the law laid rJown by the Hon'ble Supreme Court in case of V.Jagannath Rao vs. State of A.F', reported in 200'1(10) SCC 401 as well as K Madhav Reddy and others vs. State rf A P. and others reported in 2014 (6) SCC 537 as well as without taking into arr;count the vacancies arose out of promotion to the post of Assistant Commissio rer of Labour (SSS) by disposing the appr3sl filed by the petitioner dated 12.09 2024. lA NO: 1 OF 2025 Petition under :Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be p,lsa5s6 to direct the 2nd respondent lo issue revised final seniority list in the caclre of Assistant Labour Officer, Rangla Reddy Zone in terms of Note-1 of Rule 3 c,f Special Rules read with Rule 33 of State and Subordinate Service Rules i.e. cycle prescribed among direct recruitees, promotees and transferees taking into account the law laid down by the Hon'ble Supreme Court in case of V. Jagannath [:lao vs, State of A.P. reported in 20C' (10) SCC 401 as well as K.Madhav Reddy and others vs State of A.P. and others reported in 2014 (6) SCC 537 as well as; without taking into account the verr;ancies arose out of promotion to the post of Assistant Commissioner of Lat,our (SSS) by disposing the appeal filed by the petitioner dated '12-09-2024, pr:nding disposal of the writ petition. Counsel for the Petitioner: SRI P.V.KRISHNAIAH Counsel for the Respondents: GP FOR SERVICES ll The Court made the following: ORDER I I I I I i -l y..{ THE HON,BLE SRI JUSTICE NAITIAVARAPU RA'IESITWAR RAO WRIT PETITI ON No.1456 2o f2025 ORDER: This writ Petition is frled bY the petitioner seeking the following relief: "...to issue u.trit order or direction more particularlg one in.the ""r"r. i int oF WNDAII{IJS d'eclaing the proceedings 'in'e,ili'aot zorz dated 30.07 2024 issued bg the lst ' ;;r;;;;;;; is a rbitrary, ittesat, di sci minlt o'a'. :"t:!1"- unLonsfitulional and. uiolaling Anicles 14' 16 ond 2t oI tne Z;;t;i;iit; of India and lurther declare the action of the 1"i'r".ii"a;", not reuisiris the fnat sentoita li21121te! .ua ti. Itt' ,"tpona.nt bA proceedings No A/ 1.1-6O/ 2O17 .lated "so ii.zoZi in pursuinie of the appeal fled bg the petitioner h"ka lz.os.zbZ4 before ihe 2nd respondent as arbitrdry' ilteoal, d.isciminatory' malafide unconstilutional-.and' ,,ioiatino Arlicles 14, 16 and 2l of lfe Constitutton oJ -tno.to to Nole'l of Rule 3 of Special Rules read .utn ond "oitrory "f"x"t. and sibordinate seruice Rules and issue i*-'is '*i"q".iti"t direction directing tle 2-nd responde'1.t? :::1.t ,edsed ftnol senioitlt tisl in lhe cadre oI Assistan] lab?ur 'iii"", 'i"'iii neddri Zone in tern,.s of Note-1 of RuIe-.3 of Rute 33 of state an.d S."o"a!::1'^" iil-"i"t i"tZt read ieruice Rules i.e., cycle prescibed among direct re.cnfitee.s i-^ot"." and tranifereZs taking into account the taw !71! 'ai*i ng the HonbLe Supreme Court tn case oJ v'Jagannath Rao us." State of A.P. reported in 2001 (10) SCC 401 as.utell '"l"ii"ai", ieddg and others us' State of A'P' and others l"p-.i'.i i- zol< 6'scc 537 as utell as uithout taking into iirount tte uacancies arose out of promotion to the post-of Assistant Commissioner of Lobour SSS bg dlsposmg tne '"ii.it iua by tte petitiiner dated 12'09'2o24 and pass such order or orders.' -wth

2. Heard Mr' P.V. Krishnaiah, learned counsel appearing for the petitioner, and the learned Government Pleader for Sewices-Il appearing for the respondents, and perused the material available on record. t 2

3. Learnei counsel for the petitioner submits thar- respondent No. t has iss'.:ed a provisional seniority list dated 24 .e6.2024, vide Proceedings l,lo.A/ 1 160 l2Ol7, inviting objections. T!.re petitioner submitted o r jections to the provisional seniority lis,t b], way of representatic,r r dated 26.O7.2024, stating non-compliance with the prescribecl rluota and rota system and demonst.rating how respondent I'1o.1 favoured promotees, depriving the r-ight_s of the direct recruits, by not following the statutory rules s'hile preparing the seniority list, as well as the principles of iar.r, laid ,lon,n by the constit utiona I courts on the subject. Without consi,lering these objections su lrmitted by the petitioner, responclent No. 1 issued the lrnal seniority list dated 3O.OT .2024 , vide pror:eedings No.A/ 1 160 lr'Ol7 . It is further submitted that the fir ral seniority list in the ca'lre of Assistant Labour Offrcers for the Fianga Reddy Zone was nor. prepared in accordance with the Note- 1 of Rule 3 of the Special Rrrles read with Rule 33 of the State and Subordinate Service Rules. Specihcally, the hnal seniorit5z list places promotees above direct recruits, contrary to the prescribed qucta and rota system, whic,-r has resulted in the petitioner being plar:ed lower in the seniority ,ist.

4. l,earnecl counsel for the petitioner further subrrLits that the petitioner Iiled an appeal on 12.09.2024 before respondent No.2, J who is the Appellate Authority as per the Rules, highlighting all the lapses, irregularities, and illegalities committed by respondent No.1 in issuing the impugned final seniority list deted 3O'O7'2024' However, the Appellate Authority has failed to 'dispose of the appeal as of today, despite eight months having elapsed since its submission, and respondent No' t has not revised the frnal seniority list dated 3O.O7 .2024 , despite the clear mandate of Note-I of Rule 3 of the Special Rules read with Rule 33 of the State and Subordinate Service Rules.

5. Therefore, learned counsel for the petitioner submits that appropriate orders be passed in the writ petition directing respondent No.2 to consider and dispose of the appeal frled by the petitioner on 12.09.2024, in accordance with law' Learned Government Pleader appearing for the respondents 6. submits that they have no objection if the appellate authority is directed to dispose of the appeal within a prescribed time' In view of the above submissions made by the learned 7. counsel for both parties, respondent No'2 is directed to dispose of the appeal dated 12.09.2024 filed' by the petitioner within a period of three (03) weeks from the date of receipt of a copy of this order' in accordance with the provisions of the State and Subordinate I { 4 Service Rule'sr and the Special Rules governing tl.re cadre of Assistant Lab,rur Offrcers.

8. With tlLr: above observations, the writ pietition is ,lisposed of. No order as to costs. r\s a sr:r1uel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/- P.PADMANABHA REDDY DEPLTY REGISTRAR t sE(:TtoN i#rrcen To, 1 2 The Joint Corrmissioner of Labour, Ranga Reddy Zone, Stak:, of Telangana, Office of Comnrissioner of Labour, TAKS Bhavan, RTC X Road, Chikkadpally, Hyderabad, Telangana 500020 The Director of Labour/ Commissioner of Labour,, State of Telangana Hyderabad. Principal Secretary to Government, Labour, Employment, Tra ning and Factories Depa rtment, Secretariat Buildings, Hyderabad, The State of Telangana 4 E o One CC to SFI P.V KRISHNAIAH Advocate tOpUCl Two CCs to GF' FOR SERVTCES lt, High Court for the State of Telangana. Two CD Copiersr BGS KV :1 : I I I rI p l I II r r l I I I r I h HIGH COURT DATED: 02105t2025 C(: TODAY .s s\ ,t I t/ ,,f" ,:/ iL, :.) . ,,t- .,,. . .) {} ORDER WP.No.14562 of 2025 '1 li,; il" '1 ;l I t I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 11\ r I I i I