Ch. Vimala Venkata Ramana v. Naib Tahsidlars

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Tahsildar in the existing vacancies without reference to pendency of W.P.No.30837 cf 2021 , pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P. NARASIMHA Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE MRS. ]USTICE SUREPALLI NANDA W.P. No. 18758 of 2O23 ORDER: Heard Sri P. Narasimha, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 and 2. 2, The Petitioner a Doroa ched this Co UTts eektno the prayer as under : "To issue a Writ, Order or Direction, more particularly one in the nature of Wrlt of Mandamus declaring the action of the Respondents in not considering the just claims of the petitioner for promotion to the post of Tahsildar on par with persons who were re-allotted during 2017 and 2018 to the same post without any justification or reasonable cause on the untenable ground that her selection to the post oF Deputy Tahsildar was revised and re-allotted to State oF A.P., in the Revised Selection List dated 10.05.2018 but continuing in the department as Deputy Tahsildar based on the orders of this Hon'ble Court in W.P.No.30B37 of 2027, dated 29.11 .2021 is as illegal, arbitrary, discriminatory, unjust and violating of Articles 14, L6 and 2I of the Constitution of India and contrary to the Fundamental Right for consideration of promotion at rightful time and consequently hold that the petitioner is entitled for i I 2 SN,J wP N0.t8758_2023 promotion to the post of Tahsildar along with 2017 and 2018 Naib Tahsildars and to pass such other order..."

3. The case of the petitioner, in brief, is that tne petitioner was originally selected and appointed as Assistant (-ommercial Tax Officer during March, 2005 pursuant to Advertisement No.10/99. Subsequently, the petitioner was promoted to the post oF Deputy Commercial Tax Officer. Later, in the revised selection list published by the APPSC during the year 2017, the petitioner was selected to the post of Deputy Tahsildar, and jo ned in the said post in April, 2018. The services of the petitioner lvere regularized and probation was also declared in the said cadre It is l'urther case of the petitioner that thi: Petitioner was not promoted to the post of Tahsildar on par with persons who were re-allotted during 20L7 and 2018 to the same post without any justification on the ground that the petitioner's selection to the post of Deputy Tahsildar was revised and re-allotted to the State of A.P., in the Revised Selection List dated 10.05.2018 but continuing in the department as Deputy Tahsildar based on the interim orders of this Hon'ble Court in W.P.No.30B37 ot 202L, dated 29.11.202L and the said Writ Petition is pending disposal. Hence, the petitioner filed the present writ petition for the / 3 SN,,I wP No.18758 2023 promotion to the post of Tahsildar as per the petitioner's seniority I and eligibility. 4 PERUSED T E RECORD : (A) This Dassed interim orders dated 23.04.2024 in LA.No.1 of 2023 in the present Cou rt W.P,No-1&258 of 2023 in favour of the petitioner observinq as under: "Heard both sides. Learned counsel for the petitioner submits that pursuant to the NotiFication No.10/99, the petitioner was appointed as Assistant Commercial Tax Officer during March, 2005. Thereafter, she was promoted to the post of Deputy Commercial Tax Officer. Basing on the revised selection list published by the A.P. Public Service Commission during the year 2017, she was selected as Deputy Tahsildar and accordingly, she joined in the said post during April, 2018 and since then she has been working as such. Thereafter, her services were regularized in the said cadre and probation was also declared. Therefore, she is entitled for further promotion to the post of Tahsildar based on her seniority and eligibility. While so, the Public Service Commission has again revised the selection list, published the same on 10.05.2018 and in the said list, though the petitioner was selected to 4 SN,) WP No.18758 2023 the post oF Deputy Tahsildar, allotted to Zone IV under non- local category. turb t etitio u ntil fu Aqqrieved bv the same. oetitioner aooroached this Court bv wav of W.P. o.3O a37 (,f2 o 21 and this Court passed interim order on 29.11.2O21. directinq ne r from het the res oondents not to r orde ost etitioner is actua and the said writ petition is still pendinq. It is further stated that as oer senioritv. oetitioner is entitled for ronrotion to the ost of Tahsildar alon with others however, the respbndents are not considerinq her the qround that she was re-allotted to the State of Andhra Pradesh in 2018. It is further stated that in other departments viz,, Commercial Tax and Cooperation Departments, except Revenue Department, the cases of similarly situated persons to that of petitioner viz., Mr.K.Satish, Mr. B, Narsr Reddy, Mr.8.Naga Raju and Mr. V.Buggappa were considered and were promoted to higher posts vide proceedings TS CCT'S Ref.No.D21285/2018, dated 26.03.2021. Therefore, petitioner is entitled for promotion to the post of Tahsildar on par with the above persons. Learned counsel has drawn the attention of this Court to the interim order dated 06.07.2023 passed in W.P.No.15t95 of 2023, wherein, this Court has considered the request of a similarly situated person and directed the respondents to consider the case of the petitioner therein for promotion to the post of Deputy Collector. ,/ ,. 5 sN'l wP No.18754 2021 Though the petitioner has specifically raised a plea that the cases of similarly situated persons were considered in other departments/ no specific reply has been made in the counter affidavit. In vaew of the above, there shall be interim direction to the respondents to consider the case of the petitioner for promotion to the post of Tahsildar, in accordance with law, as was done in the cases of similarly situated persons in other departments. DISCUSSION AND CONCLUSION 5, Learned counsel appearing on behalf of the petitioner submits that the order passed in favour of the petitioner in I.A.No.1 of 2023 in the present W.P.No.1B75B of 2023 dated

23.04.2024 had not been implemented as on date. Learned counsel for the petitioner further submits that under the similar circumstances, the respondents had considered the case of few employees and they had been promoted and therefore, the promotion of the petitioner cannot be withheld.

6. Learned counsel appearing on behalf of the petitioner placed reliance on the Judgment dated 28.06.2024 passed W.P.No.5325 of 2024 and also the Judgment dated I1.04.2025 passed in W.P.No.29945 of 2023 and contends that equality of treatment among the similarly situated employees is a 6 SN,J wP No.18758 2023 fundamental mandate under Articles 14 and 16 oi the Constitution of India, and several employees who were selected pursuant to the sanre notification 10/99 had been promoted to the post of Tahsildar pending disposal of the writ petition filed by the respective pa rties.

7. Learned counsel appearing on behalf of the petitioner further placed reliance on para B of the affidavit filed by the petitioner in support of the present writ petition and contends that the Government as a model employer cannot take differential yardstick from department to department and therefore the request of the petitioner for promotion to the post of Tahsildar on par with persons who were re-allotted during 2017 and 2018 to the same post cannot be delayed any further and the claim of the petitioner needs to be considered.

8. Learned Assistant Government Pleader appearing on behalf of the respondents placing reliance on the averments made in para '5' of the counter affidavit contends that the petitioner is not entatled for grant of relief as prayed for in the present writ petition in view of the interim order of this Court dated 29.11.2021 passed in W.P.Nos.3O837 ol 2O2L which are in force as on date, Learned Assistant Government Pleader further submits that I I I 7 sN,l WP No.18758 2023 in pursuance to the interim orders granted in favour of the petitioner on 23.04.2024, in the present writ petition no orders have been passed as on date. This Court opines that the plea of the respondents that it is not feasible to promote the petitioner unless the orders dated 29.11.2O21 passed in W.P.No.3O837 of 2O21 are vacated is baseless and not tenable. This Court opines that the plea of the respondents that the petitioner is discharging the duties in Telangana State based on the stay orders dated 29.11.2021 passed in W.P.No.3O837 of 2021 and on the said ground alone the case of the petitioner for consideration of promotion to the cadre of the Tahsildar cannot be rejected or delayed, and the same is very unreasonable and illogical.

9. TAKING 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 appearing on behalf of the respondents, 8 SN,J WP No.18758 2023 \ C) The interim orders dated 23.O4.2424 in I.A.No.1 of 2023 in the present W.P.No.18758 of 2023 (referred to and extracted above), D ) In the light of discussion and conclusion as arrived at paras 5 to 8 of the present Judgment, The urrit petition is disposed of in terms of the interim orders and the respondents are directed to consider the case of the petitioner' for promotion to the post of Tahsitdar, on par with the cases of similarly situated persons in other departments, in accordance to law, within a period of four (04) weeks from the date of receipt of copy of the order and duly communicate the decision to the petitioner, However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. Sd/-S.MALLIKARJUNA RAO ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY/i To.'-'t Th" Principal Secretary to Government' Revenue (Ser'l) Department' Secretariai, The State of Telangan-a' H.yderaDao -- 2. The Chief Commission-er oi ["n-a nO'ihistratior' Tetangana' Hyderabad 5 d; cCi"-Sii i. Naraslmna, Advocate tqPugl ^. ;. i;; cc; t" cp ioi n6renud, Hign court for th6 state of relangana' at Hyderabad [OUTI Two CD CoPies TJ PMK ){y I I HIGH COURT CC TODAY DATED:0411112025 ORDER WP.No.18758 ot 2023 (\ SlAT 1116 3 1B ll0\ ks-x:,:: > f (,) .}- DISPOSING OF THE WRIT PETITION WITHOUT COSTS r% 1 I