High Court · 2025

Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ...RESPONDENTS i i t i I I pleased to issue a Writ, order or direction more particularl)' Writ of Mandamus by declaring the entire action of the considering the genuine claim of the petitioners for promot c in the cadre of Veterinary Assistants, w.e.t.2012 onwards 3 fully eligible, qualified and within the zone of consideration ( of vacancies during the yeat 2012 as per Deposition/averm : counter affidavit filed before this Honble court in WP 'l considering their cases only with prospective effe: No.5555/BllliB6/2018, dated 13.2.2O2O of the 1st responrl directions from this Honble court in WP No. 3077712O'17, tk highly illegal, arbitrary, unjust, improper violative of Article ' constitution of lndia, including violative of all principles of net )ne in the nature of 'espondents in not r/ notional seniority ,en though they are espite of availability rts mentioned in the ). 3077712017 and vide Procs.Roc. ,nt, that too on the ted 29.1 .2018 is as 4, 16 and 21 of the rral justice. B) And consequently to direct the respondents to fe-consi(lr of the petitioners for assigning notional promotion/sen ic'r Veterinary Assistants from the date the vacancies 11 candidates are available during the year 2012 as per d€,[ mentioned by the respondents in the counter aff( No.3077712017, along with consequential benefit of nol notional fixation etc. r the genuine claim ty in the cadre of rant for in-service csitions/ averments avit filed in WP onal seniority and lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the c in the affidavit filed in support of the petition, the High Cot r direct the respondents to re-consider the genuine claim c assigning notional promotion/seniority in the cadre of Veteti the date of on which the vacancies meant for in service cartr during the year 2012 as per d epositions/averments respondents in the counter affidavit filed in WP.No.30,'' Hon'ble court, pending disposal of Writ petition. rcumstances stated may be pleased to the petitioners for ary Assistants from idates are available nentioned by the 7/2017 before this Counsel fo!'the Petitioner: SRI ARVIND KUMAR KATA Counsel forthe Respondent No.1 & 2: AGP FOR SERVICES I Counsel for the Respondent No.3: AGP FOR SERVICES-IIl The Court made the following: ORDER I i; l, HON'BLE MRS. JUSTICE SUREPALLI NANOA WRITP TION No. a765 oF 2020 ORDER: Heard Sri Aravind Kumar Kata, learned counsel appearing on behalf of thq petitioners, learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos'1 and 2 and the learned Assistant Government Pleader for Services-Ill appearing on behalf of the respondent No.3. 2 The oetiti oners ADD this Cou seeki no the Draver as under: "....to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the entire action of the respondents in not considering the genuine claim of the petitioners for promotion/ notional seniority in the cadre of Veterinary Assistants, w'e'f' 2Ol2 onwards even though they are fully eligible' qualified and within the zone of consideration despite of availability of vacancies during the year 2012 as per Deposition/averments mentioned in the counter alfldavit filed before this Hon'ble court in WP No. 3077712OL7 and considering their cases 2 sN,.t V .P.No.18765 2020 only with prospective effect vide I rocs.Roc. No.5555/BIII/B,6/20L8, dated 13.2.2020 :f the 1.t respondent, that too on the directions rom this Hon'ble court in Wp No. 307771201,, dated 29.t.2OlB is as highly illegal, arbitrar), unjust, improper violative oF Article 14, !6 and 11 of the constitution of India, including violat r e of all principles of natural justice.,,

3. The case of the petitioners, in briet, petitioners were initially appointed as Office S r is that the bordinates at various dispensaries between 1995 and 2005 in Warangal District. Under G.O.Ms.No.26 AH, DD & F ( \H.11) Dept. dated 28.06.2004, 5oo/o of the Veterinary l\r sista nt posts were to be filled by transfer from Office Subr rdinates with Intermediate qualification after departrnenta training. In 2Ot2, 17 vacancies meant for in-service car Jidates were available, but the petitioners, cases were wrc Despite several representations since 20 lgly ignored. 4 and the Government's permission vide memo dated 2 fill the posts, the petitioners were not sen I t.04.2016 to for training. Later, pursuant to the order of this Court datr: r 29.01.2018 passed in W.P. No. 30777 of 20L7, the pet subsequently appointed as Veterinary lt: lioners were sistants or1 3 5N,., W.P.No.18765_2020 13,03.2020. However, the Petitioners were wrongly denied their legitimate promotion as Veterinary Assistants and seniority. Aggrieved by the same, the petitionerc filed the present writ petition.

4. PERUSED THE RECORD: A) The relevan t Dortion of the order of this Court dated 29.O1.2O18 oassed in W.P.No.3O777 of 2O17 is extracted hereunder: "Therefore, the Writ Petition is allowed, the memo dt.11-08-2017 issued by the 1$ respondent is set aside as being contrary to the record and also G.O.Ms.No.26 dt.28-06-2004; and respondents are directed to consider Rlling up of 43 vacancies existing in the category of Veterinary Assistant by the in-service candidates working in the cadre of Superintendents etc., in accordance with G.O.Ms.No.26 dt.28-06-2004 within two (02) months from the date of copy of the order and then send the eligible candidates for departmental training in the Veterinary Assistant course. No costs. " B) The averments made in the counter affidavit o-2 and in alf of the resoondent filed on be i : i I I : 4 sN,j V.P.No.18765 2020 Darticu lar, oaraorao h Nos.S. 5 and 11 q re extracted here nder: "5. Regarding the para No.5 of it is submit that, on 23-05-2013, one Assistant post and on 01-03-2014 (13) Assistant posts were filled up with (14) candidates, who are seniors than the pr:1 their service seniority and passin,l Departmental training. Further, it is subrr the (55) candidates were appointed to t Veterinary Assistant by Direct Recrl i following Hon'ble APAT directions/o. G.O.Ms.No.73, Fin. (HRM-I) Dept., Dt.02. G.O.Ms.No.B, Dt.03-05-2017 of AH t) Dept., through the Telangana State put) Commission Notification No. 30/2017. Fu submitted that, impartation of tril Veterinary Assistant posts is State wir Hence, could not be considered for Warar( candidates alone. The candidates are s( the Head of the Department with the rr1 the Government. (The training centers RAHfC. Mamnoor && RAHTC Karimnar; submitted that, the Government training r: not Functioning oniy to impart Veterinar,/ training to the Departmental candidates training centers are established for Sl training programmes, Departmental traln r ibove WP, y'eterina ry ,/eterinary in-service Itioners in of the Itted that, re post of ment by lers and 16-2016 & )&F (AH) c Service ther, it is ling for e policy. al District {ected by proval of being - rr). It is rnters are Assistant nd these ort term gs to the I 1 I i l l 1 , : i I i i I I I I I I ! I I I I I 5 SN,J W.P.No.18755 2020 different cadres, Other trainings i.€., Self-help groups, Progressive farmers, Shepherds etc.. Further, it is submitted that these (9) petitioners acquired Intermediate qualification during 2OLL-L2 and they themselves mentioned in Para No.4 as they have made representations from 2OL4 onwards. During 2013-L4 (L4) vacancies were filled subsequently during 2Ol3-t4 with inservice candidates seniors to petitioners only, So there was no injustice done to the petitioners.

6. Regarding para No.6 of above, WP, the Hon'ble High Court Orders issued in W.P.No.30777/20L7, dated: 29-01-2018 were implemented. Therefore, it is submit to state that the entire process was undertaken as per the guidelines of the Hon'ble High Court and also the instructions of the Director of Veterinary & Animal Husbandry, Telangana, Hyderabad as per terms and conditions of the Government for appointment as Veterinary Assistant in the Government orders.

11. Regarding para No. 11 of above WP, it is to submit that under Sub-Rule 3(b) of Rule 12 of Telangana State & Subordinate Service Rules, 1996, no person is eligible for appointment to a post by promotion or appointment by transfer, unless he possesses the academic and technical qualifications (ie. completion of one year training in veterinary assistant course as statutory rules issued vide G.O. 6 SN,J \ '.P.No.L8765 2020 MS No 26 AH,DD&F (AH II) dept., daterl prescribed in the special rules as I qualification. Hence, the petitioners wer€ for appointment by transfer to the Assistant post on that date. And it is a that (14) in-service candidates, who werr 2010-11 and passed Veterinary Assistil were issued Veterinary Assistant pos filledup the vacancies in 2013 (1 Office SL 2014 (13 Office Subordinates)

28.6.2004 'ereq u isite tot eligible Veterina ry so subm it trained in rt training .ings and :ord inate) It is submitted that, the petitioners are :ligible for service and seniority only as and when :hey have completed and passed the training & issued postings as Veterinary Assistant, because the post is a technical one. The candidates without fl-: required qualification will not be considered in tl r technical department with retrospective etFect. It is to submit that the definition of ,: igibility is after completion and passing of Veterinarl Assistant training conducted by the Department rlone. Till then, he is considered as an Office S;r bordinate without technical knowledge. At tll j stage, retrospective effect will not be considere I for this cadre. " DIS cussro N AND CONCLU SION:- 7 SN,J W.P.No.18755 2020 /

5. The learned counsel appearing on behalf of the petitioners submits that the petitioners are entitled to promotion and notional seniority in the cadre of Veterinary Assistants with effect from 2OL2 onwards. Although, the petitioners were fully eligible, qualified, and within the zone of consideration, despite the availability of vacancies during 2012, their case was not considered for promotion or for fixation of notional seniority by the respondents in the cadre of Veterinary Assistants w.e.f. 2012 onwards.

6. Learned Government Pleader, placing reliance on the averments made in the counter affidavit filed on behalf of respondent No.2, particularly in paragraphs 5, 6, and 11 (referred to and extracted above), contends that the petitioners did not have the required educational qualifications for the post of Veterinary Assistant as on the date of their initial appointment. SubsequenHy, the petitioners acquired the necessary educational qualifications. The petitioners did not pass the departmental training during 20L2, and they passed the departmental training only on 13.12.2019 through proceedings in R.O.C. No. 11437IHRD/2018 dated 13.12.2019 of the Directorate -f E E I , '|j 8 SN,J ' /.P.No.18765 2020 of Veterinary and Animal Husbandry, Telangtrr a, Hyderabad. Therefore, in 2012, since the petitioners did r ot possess the required eligibility of having passed tht: departmental training, their cases were not considered Fo promotion or for flxation of notional seniority.

7. It is the specific case of the petitioners , at subsequent to the order, dated 29.01.2018 passed in V/ P.No.30777 of 2017 (referred to and extracted above), th€ )etitioners had been appointed and petitioners were '^ -ongly denied petitioners' legitimate promotion and seniorit' as Veterinary Assistants. A bare oerusal of the avernl :nts made in the counter affidavit clearlv indicates- that, thouoh ies were filled durinq the vears .:O13-14 with in-service candidates, seniors to the Dc:l itioners were conside In view of the ct, as bor ne on record and even ad mitted the oetitio er at p araoraph 4 of davit filed in suooort of the wr oetition that D itioners acouire ed iate o ualificati on durino ?OLL-L2 and - passed the deDartmental test in 2O19, the oetit oners' cases ered in zOL3-14. not have been consid Inter /r // 9 SN,J W.P.No.18755 2020 Therefo this Court is of he ooinion that t ere is no illeqaliW on oart of the resoonden Hence- this Court oD:nes that the iudoments relied uoon bv the learned counsel appearino on behalf of the petitioners has no aooli tion to the facts of the resent case.

8. Learned counsel appearing on behalf of the respondents submits that in view of the fact that petitioners passed the departmental test only in the year 2019, the Writ Petition could be disposed of directing the respondents to consider the claim of the petitioners for promotion/notional seniority in the cadre of Veterinary Assistants in the existing vacancies if any.

9. The learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

10. TAKING INTO CONSIDE TION: a) The aforesaid facts and circumstances of the case, f r I { : I i i 10 SN,J. r'/.P.No.18765 2020 b) The submissaons made by the leri rned counsel appearing on behalf of the petitaoners al d the learned Assistant Government Pleader fo' Services-I appearing on behalf of the respondents, c) The order of this Court dated 29.0': .2018 passed in W.P.No.3O777 ol 2OL7 (reterred to rnd extracted above) and, d) The averments made in the co! nter affidavit filed on behalf of the respondent No.2 and in particular, paragraph Nos.5, 6 and 11 (r:ferred to and extracted above), The writ petition is disposed of, directang the respondents to reconsider the claim of t 1e petitioners for assigning notional promotion/ser iority in the cadre of Veterinary Assistants in the existing vacancies, if any in accordance to ltw and pass appropriate orders within a period of fo tr (O4) weeks from the date of receipt of copy of this r rder and duly communicate the same to the petiti lners herein. However, there shall be no order as to (: )sts. I I t I I I 11 sN,j W.P.No.18765 2020 Miscellaneous applications, if any, pending shall stand 1 closed. To, //TRUE COPY//

1. The Director of Animal Husbandry Dairy, Develop Tank, State of Telangana, Hyderabad. d/.K.BH SIST ISWAMY GISTRAR RE SECTION OFFICER and Fisheries Masab

2. The Joint Director of Animal Husbandry, Now re-designated as - District - VeGrinini ind Animat Husbandry Officer, Warangal (Rural) at Warangal District.

3. The Prl. Secretary, Animal Husbandry Dairy- Development and Fisheries Departrnent, Secrelariat Buildings Hyderabad, State of Telangana.

4. One CC to SRI ARVIND KUMAR KATA, Advocate [OPUC] 5. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at to GP FOR SERVICES-Ill, High court for the state of Telangana at Hyderabad IOUTI -twt:ccs Hyderabad [OUTI o:

7. Two CD Copies BSR PMK II HIGH COURT DATED: 2510G12025 ORDER WP.No.18765 of 2020 i tE Sr4 ,6 oi' ( \ v o o 0 tl]lt "TN a | ::A-I,-tl';l -t i f l t I I I I I I ! i i ! i j t ! I I t E * I I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ 6\ra