The High Court · 2025

THE HONOURABLE SRI JUSTICE NAMAVARAPU, RAJESHWAR RAO WRIT PETITION NO: 14109 OF 2025 Between: Rafee Mahammad, S/o. Bismilla Khan, Aged 40 years, Occ. Assistant Labour Officer, O/o. the Joint Commissioner of Labour, Warangal Zone, Wrangal Diskict. ...PETITIONER AND 1 The Joint Commissioner Telangana. of Labour, Warangal Zone, Warangal District,

2. The Director of Labour/Commissioner of Labour, State of Telangana, Office of Commissioner of Labour, TAKS Bhavan, RTC X Rd, Hyderabad, Telangana 500020

3. State of Telangana, Represented by its Principal Secretary to Government, Labour, Employment, Training and Factories Department, Secretariat Buildings, Hyderabad. ...RESPONDENTS Petition under Article 226 ol 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 particularly one in the nature of a writ of Mandamus under Article 226 of the Constitution of lndia declaring the proceedings No.A1l226l2O22 dated 01 .10.2024 issued by the '1st 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.A1t226l2O22 dated 01 .1O.2024 in pursuance of the appeal filed bythe petitioner daled 17.10.2024 before the 2nd respondent as arbitrary, illegal, discriminatory, malafide, u nconstitutional and violating Articles 14, 16 and 21 of the Constitution of lndia and contrary to Note-1 of Rule 3 of Special Rules read with Rule 33 of State I I l I H T x .1 f I i F I i and subordrnate sr-'vice Rules and issue consequential drrection directing the 2nd respondent to rssue revised final seniority list in the cadre of ,\ssistant Labour Officer, Warangal i1:ne in terms of Note-1 of Rule 3 of Special Rules read with Rule 33 of State and subordinate service Rules i.e. cycle prescrir,ed among direct recruitees, promote3s and transferees taking into account theraw raid down by the Hon'ble supreme ccurt in case of v. Jagannath Rao vb. State or A.p. reported in 2001(10) sc,c 401 e s weil as K Madhav Reddy and others vs S;tate of A p and others reported in 1lr)14 (6) scc s37 as well as without taking nto account the vacancies arose oul cf promotion to the post of Assistant commissioner of Labour (SSS) by disposing tle appeat fited by the petitioner dated 17.10.2tt24. lA NO: 1 OF 2025 Petitiorr under section 151 cpc praying that in the circunrsrances stated in the affidavit frled in si pport of the petition, the High court nray be pleased pleased to direct the 2nd respondent to issue revised final seniority list rn the cadre of Assistant Labour oflir;er, warangar Zone in terms of Note-1 of Rrrre 3 of speciar Rules read rvith Rtrle 33 of State and Subordinate Service Ftules i.e. cycle prescribed anrong drect recruitees, promotees and transferees taking into account the law laid dcwn by the Hon'bre supreme court in case of V. Jag;rnnath Rao vs. state of A.P. reportecr in 200i(10) scc 401 as weil as K.Madhav R(,ddy and others vs State of A P and cthers reported in zo14 (6) scc 537 as wer as without taking into account the vacancies arose out of promotion to the por,t of Assistant commissioner of Labrrr (sss) by disposing the appear fired by the petitioner dated 17-10-2024, pending Jisposat 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 .t H THI HON'BLE SRI JUSTICE NAMAVARAP'U RAJESHWAR RAO trrRIT PETITION No.141Q9 of 2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: ".-.to issue utrit order or direction more parttcularlg one in the nature of WRIT OF MANDAMUS declaing the proceedings No.Al/226/2022 dated 01.10.2024 issued bg the lst respondent as arbitrary, illegal, discriminatory malafide unconstitutional and uiolating Articles 14, 16 and 21 of the Constitution of India and furlher declare the action of the 2"d respondent not reutsing the rtnd senionlg lisl issued bg the lst respondent bg proceedings No.Al/226/2022 dated 01. 10.2024 in pursuance oJ the appeal fle.d bg the petitioner dated 17.10.2O24 before the 2nd respondent as arbitrqry, tllegal, disciminatory malallde unconstitutional and. vtolating Articles 14, 16 and 21 of the Constitutron of India and contrary to Note- 1 of Rule 3 of Special Rules reacl wtth Rule 33 of State and Subordinate Seruice Rules antd issue consequential directton d.irecting the 2nd respontlent to issue reuised final senioit!! list in lhe cadre of Assistant l,abour Off.cer Warangal Zone in tenns of Note'l of P:.ie 3 of Special Rules read uith Rute 33 oJ State and Subordinate Seruice Rules t.e., cgcle prescibed arnong direct recruitees promotees and tra nsferees laking into accounl the tau laid down by the Honble Supreme Court tn case of VJagannath Rao us. Sta,e of A.P. repofted. in 2OO1 (1O) SCC 401 as utell as K.Madhau Reddg and others us. State of A.P. and others reported in 2O14 6 SCC 537 as well as uithout taking into account the uacqncies arose out oJ promotion to the post of Assistcnt Commissioner of Labour SSS try drsposing lhe appeal filed bA the petitioner dated 17.10.2024 and pass such order or orders,'

2. Heard Mr. P.V. Krishnaiah, learned counsel appearing for the petitioner, and the learned Government Pleader for Services-Il appearing for the respondents, and perused the m aterial available on record. / / 2

3. Lear,t:rl counsel for the petitioner subrnits trrzrt respondent No.1 lras issrred a provisional seniority list datecl ,2g.r)8.2024, Procer:dings .i.o.Al / 226 / 2022, inviting objections. T he petitioner vid,e submrttccl ot,jections to the provisional senioritr, lir_t bv way of represerr tal i, 'r dated 21.O9.2024, stating non_complizrnce with the prescribecl l uota ald rota system ald demon s trating how respondent \o. 1 favoured promotees, depriving the :-ights of the direct re'cruir :; by not following the statutory rules ,,r-h ile preparing the seniorit.y list, as well as the principles of lau, laicl Cou,n by the constil-utionz I courts on the subject. Without <:or-rsi.lering these objectio,s sui)mitted by the petitioner, responclent No. 1 issued the final selriority list dated Ol.lO.2O24, r,ide proceedings No. A1 I 22tt I 2022 . rt is further submitted that the fir ral seniority list in the cirlre of Assistant Labour officers for ttre warangar Zone r.r'as nol prepared in accordance with the Notc_ 1 o[ Rule 3 of the spr:cial Rr- les read with Rule 33 of the State ar-rcl .iubordinate Service Rules. Specifrcally, the frnal seniorier list places promotees above rlirect r::cruits, contrary to the prescribed quor.a and rota system, rvhiclr has resulted in the petitioner being plar.ed lower in the seniority lir;t.

4. Lr:arned :ounsel for the petitioner further submrts that the petitioner filcrl an appeal on -17. I O.2024 beforr: respondent No.2, I ( ) 1 \ 3 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 dated 07.1O.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 final seniority list dated ol.lo.2o24, despite the clear mandate of Note-l 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 17.1O.2024, in accordance with law.

6. Learned Government Pleader appearing for the respondents submits that they have no objection if the appellate authority is directed to dispose of the appeal within a prescribed time. 7 . In view of the above submissions made by the learned counsel for both parties, respondent No'2 is directed to dispose of the appeal dated 17.1O.2O24 filed by the petitioner within a period of three (O3) weeks from the date of receipt of a copy of this order, in accordance with the provisions of the State and Subordinate I I i 4 Service Rules and the Special Rules governing rhe cadre of Assist.ant Lat,our Offrcers. B. With tre above observations, the writ petition is disposed of. No ortler as '() costs. As a se quel, miscellaneous applications pending, if any, in this Writ Peti,ion, shall stand closed. //rRUE copy t t sD/- P' PADMANaRE4,BiRiL/ ...r,of6.r,..* .rf Labour, Warangal Zone, Warangal Distrrct, l8%,9,1f,1._eff ,i_.j:',:,:J#lTf %%p;ji?", . The Joint Comrrissioner r Telangana The Drrector of t.abour/Co f;ffi IF;;;e; gs,5;ff ,g3f j't"#1,y,"fl One CC to SRt r V KRTSH To, 1 2 a 4 o :;iT::i1.:".,"#;:?ffi lll,ff.lH,:TpfJ,ff;j"l,lH!3,:[:o to G p F o R .. - Jlff ;, 11;T::, ff:;: state o' e,a n g a n a 3,i,?.,' Two CD rlopies. BSK KV .i ii, ,l fl,; ,t il,, I l HIGH COURT DATED:0210512025 I / CC TODAY I ORDER WP.No.14109 of 2025 $i ,: /: /':' ,. .,7, i) il,L '., i1 \ir'.':' <+ .\ \Y ,.$ DISPOSING OF THE WRIT PETITION WITHOUT COSTS !' )1- HI !i Ir $ i.! R I T I I I I