It/l.D.Shaiahan v. 1. State of Telangana

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass an order directing the respondents to keep one post of lrrrandar panchayat Officer vacant pending disposal of writ petition. Counset for the petitioner: SRI G.RAVI MOHAN, Sr. COUNSEL, REp. FOR SRI NARESH KUMAR GORIGE Counsel for the Respondent No.1 & 2: AGp FOR SERVICES-I Counsel forthe Respondent No.3: SRI KISHORE RAO pUSKURU, SC FOR TS ZILLA PARISHADC The Court made the following: ORDER 1 1 i i I t 1 i i HON'BLE MRS. JUSTICE SUREPALLI NANDA w P I N 1 1 2 ORDER: Heard Sri' G. Ravi Mohan, ' learned Senior Designated Counsel representing Sri G' Naresh Kumar' Iearned counsel appearing on behalf of the petitioners' learned Assistant Government Pleader for Services-Il' appearing on behalf of respondent Nos'1 and 2 and Sri Kishore Rao Puskuru, learned Standing Counsel for TS Zilla Parishads, appearing on behalf of respondent No.3. 2 The h Draver as under: "...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in rejecting the claim of Petitioner vide Proceedings No.6962/CPR&RE/E412022 dated O3/O2/2O23 is illegal, arbitrary and unjust and set aside No.6962/CPR &RE/ E4 / 2022, the Impugned Proceeding consequentlY direct the dated 0310212023 and the Petitioner as Mandal Respondent to Promote Panchayat officer/Executive officer of the 2"d Respondent with effect from April 2O21.and pass" "'' .. I i , I I i I I I i i I 2 SN, J !r.? r650t 2023

3.7 he cas ver en o theo etit er in brief as Der d b h e o h ff av fi d is as under: h n r! The petitioner was appointed as an Attender at Mandar Praja Parishad office on 10.08.199g at Vardhannapet in Panchayat Raj Department and rater was promoted as lunior Assistant on 21.10.2004 and subsequently got promotion as Senior Assistant on 15.04.2011. The petitioner is qualified for the post of Mandal panchayat Officer or Executive Officer and the petitioner was placed in the selection list for the said post. Though there are several vacancies of Mandal panchayat Officer/Executive Officer, the respondent is not filling up the said vacancies, whereas in erstwhile Warangal District, eleven Senior Assistants, who are junior to the petitioner herein got promotion as Superintendent. The petitioner submitted a representation dated lL.Ll.2022 to the respondents for promotion but the respondents had not considered the same. Aggrieved by the same, the petitioner on an earlier occasion filed W.P. No. 46141. of 2022 and this Court passed order dated 27.72.2022 directing the respondents to dispose of the -r{ / / , 3 SN, J wP 16501 2023 representation dated lL.ll-2022 of the petitioner' Thereafter the respondents disposed of the said petition by order dated 03.O2.2023 rejecting the claim of the petitioner' Aggrieved by the said impugned order dated 03'02'2023 the petitioner approached the Court by fiting the present writ petition'

4. PERU SED THE RECORD A passed in W.P. No t o r .46L41 of 2022 rnD a rticu lar D 2 2 22 N 5i r "Without going into merits of the case, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's representation, dated It.l1.2122, in accordance to law and pass appropriate orders, within a period of three (03) weeks from the date of receipt of copy of this order, duly communicating the said decision to the petitioner. However, there shall be no order as to costs". (B) The relev nt Do ion f the sDea kinq order No. Di 2 r 4 2 2 n R extracted hereunder: 4 SN, J wP t650t 2023 "In compliance with the Hon,ble Court orders, the representation of Sri M.D.Shajahan, Senior Assista nt herein petitioner is considered and examined with reference to the office records, for his promotion to the post of MpO in Multi Zone_I and rejected as the vacancies of MpO under promotee quota are not available. His request will be placed before the next Departmental promotion Committee for consideration as per eligibility as per the availability of promotion vacancies in M pO category. ,, U I N DC c I 5. The learned senior designated counsel appearing on behalf of the petitioner contends that the petitioner approached the Court on earlier occasion by filing W.p. No. 46147 of 2022 and the same was disposed of vide order dated 27.72.2022 directing the 2nd respondent to consider the petitioner's representation dated LL.LI.2022 addressed to the 2nd respondent herein requesting to promote the petitioner to the post of MpO from the approved panel list 2020_2021 in accordance to law and pass appropriate orders within a period of three weeks from the date of receipt of a copy of the said order. i" I 5 SN, J wP 16501 2023 r1

5. The learned Senior Designated Counsel appearing on behalf of the petitioner further submits that in pursuance to the orders of this Court dated 27'L2'2022 passed in W'P' proceedings dated No.46141 of 2022 the present impugned 03.02.2023 had been issued by the 2nd rejecting the claim of the petitioner stating that the vacancies quota are not available, and the respondent heiein of MPO under Promotion same had been Passed mechanically without application of mind. 7 Aba reDerusa I of the i mDu qned oroceedinos of he tes that dated 03.o2 .2023 clea r!v indi 2nd resoondent t r h t ner vide ner' r n

11. .20 n u MP h n t n wit e r ot nto he e c v he xist v R t 11 e E Waranoal Di secu red Suoerintend ent promotio ns for the !a st (18)months. But th eI,etitioner h wever n f t 6 re uests of the etitioner Derta SN, J wP t6501 2023 tn rnq to rom lon as Suoerinten dent and MPO sa nce the vear 2O 19.

8. A bare perusal of petitioner,s representation dated ll.Ll.2022 addressed to the 2nd respondent clearly indicates the details of the vacancies in the post of MpO since the year 2O2O and petitioner.s specific request for promotion to the post of MpO made vide petataoner.s representation dated I-L.LI .2OZ2 having remained unanswered since 2019.

9. This Court opines that the order impugned dated O3.O2.2O23 passed by the 2nd respondent is contrary to the spirit of the order of this Court dated 27.12.2022 passed in W.p. No. 46141 ol 2022 (referred to and extracted above) and since the same is bereft of reasons and it had not referred to or discussed the specific pleas put forth by the petitioner vide petitioner's detailed representation dated Ll.t,1-.2OZ2 addressed to the 2nd respondent herein pertaining to award of promotion to the post of MpO which had been rejected unilaterally on the ground that the vacancies I i I , I i 7 SN, J wP 15501 2021 of MPO under Promotee quota are not available' without assigning any reasons, without any legal justification for the same'

10. Without going into the merits of the case and the rival contentions put forth by both the learned counsel on record, and upon consent of both the learned counsel on record, the order impugned dated 03.02.2023 issued by the 2"d respondent in compliance to the directions of this Court dated 27't2'2O22 passed in W.P. No. 45141 of 2O22 is set aside and the matter is remitted to the 2nd respondent to reconsider the specific pleas put forth by the petitioner vide petitioner's detailed representation dated LL'LL'2O22 addressed to the 2nd respondent herein pertaining to the award of promotion to the post of MPO and also to duly consider the specific grievance of the petitioner thatthepetitionerhadbeenignoredand(11)Senior Assistants, junior to the petitioner had been promoted as Superintendent and MPO, in accordance to law' in conformity with principles of natural justice' by providing an opportunity of personal hearing to the ! { 8 wr rosor-lfii petitioner, and pass appropriate orders on the representation of the petitioner dated L1-.L1..2O22 and duly communicate the decision to the petitioner, within a period of four (4) weeks from the daie of receipt of a copy of the order.

11. Accordingly, the writ petition is allowed. However, there shall be no order as to cost. The miscellaneous applications, if any pending, shall stand closed IJ //TRUE COPY// To, 1 The Panchavat Secretary, Panchayat Rat Secretariat, Hyderabad, State of Telangana. S D /.V. HARI PRASAD PUTY REGISTRAR ECTION OFFICER an Rural Development

2.TheCommissioner,PanchayatRajandRuralEmployment,UrduHallLane Himayathnagar, HYderabad.

3. The Chief Executive officer, Zilla Praja Parishad, Warangal Geesugonda' Warangal Distrtct.

4. One CC to SRI NARESH KUIMAR GORIGE' Advocate [OPUC] 5. One CC to SRI KISHORE RAO PUSKURU, SC FOR TS ZILLA PARISHADS loPUCl TwoCCstoGPFoRSERVICES-II,HighCourtfortheStateofTelanganaat Hyderabad [OUT] Two CD Copies t) 7 BSR LS i i ! I I i I I I i i l .$ HIGH COURT DATED: 01t07t2025 ORDER WP.No.16501 of 2023 ! rtL .) 1? SEP ?$?5 :2y o P\I -,.- ALLOWING THE WRIT PETITION, WITHOUT COSTS t ?K \a I I I i i I I 1 I i , I I i i i l i i I :