Onamala Balrai v. 1. The State of Telangana

.....RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of rvandamus by decraring the entire action of the respondents in not issuing posting order/offer of appointment to the petitioner, inspite of crear directions from the erstwhire A.p. Administrative Tribunar in o.A.No.66 7312011, dated 2810212012, and inspite of dismissar of wp No. 28826t2012 fired by the respondent authorities as on 14/0312023, other way making correspondence in the matter on the sore ground that the petitioner has not initiated contempt proceedings and the period of rimitation is over and the very ApAT is aborished is as highly illegal, arbitrary, unjust, improper, colourable exercise of power, vindictive attitude, clear violation of above judicial pronouncements and consequently to direct the respondents to forthwith consider the case of the petitioner for issuance of posting order/offer of appointment by duly implementing the orders of erstwhile AP Administrative Tribunal in O.A.No.6673/201 1, dated 2810212012, which was confirmed by the this Honourable Court in WP No. 2882612012 filed by the respondent authorities as on 14103/2023, with all consequential benefits. I.A.NO:1 OF 2025 Petition Under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith consider the case of the petitioner for issuance of posting order/offer of appointment by duly implementing the orders of erstwhile AP Administrative Tribunal in O,A.No.667312011, dated 2810212012, which was confirmed by the this Honourable Court in WP No. 2882612012 filed by the respondent authorities as on 1410312023. Counsel for the Petitioner : SRI SIVA RADHA KRISHNA VENKATESWARA SARMA GANGA RAJU Counsel for the Respondents : GP FOR SERVICES-I The Court at the stage of admission made the following ORDER 1 THE HON'BLE SRI JUSTICE N MAVARAPU RAJESHWAR RAO WRIT PETITION No.1868O OF 2O2s ORDER With the consent of both parties, this Writ Petition is disposed of at the admission stage itself .

2. Heard Mr. Siva Radha Krishna Venkateswara Sarma Ganga, Iearned counsel for the petitioner, and learned Government Pleader for Services-I, appearing for the respondents. Perused the material on record.

3. Brief facts of the case are that the petitioner belongs to the Scheduled Caste (SC) community and is fully eligible and qualified for appointment to the post of Secondary Grade Teacher (SGT). The petitioner participated in the DSC 2008 recruitment, secured 48.00 marks with rank 2805, and was placed at Sl.No.67 in the provisional selection list of 161 candidates in Rangareddy District. The petitioner could not attend the second counselling held on 25.Il.2OtO due to his mother's surgery and therefore he did not receive posting orders and subsequently, the petitioner submitted a representation dated 28.12.2010 to respondent No.4 requesting posting orders. The representation was referred to respondent No.2, who rejected the request citing Rule 11(b) of the State and Subordinate Service Rules, despite no formal offer of appointment having been issued. Aggrieved, the petitioner filed O.A.No.6673 of 2Ol7 before the Andhra Pradesh Administrative Tribunal, \l 2 which was allowed by order dated 28.02.2012 directing the respondents to issue appointment orders. The respondents challenged this order by before the Division Bench of this Court The Division Bench vide common order dated 14.03.2023 in W.P.No.2BB26 of 201,2 and in W.p.No.2239O of 2o13 dismissed both the petitions, and herd that rribunar was justified passing such order' Despite the dismissar of the writ petitions, the appointment orders were not issued. The petitioner made further representations dated 26.06.2023 and 20.08.2023 requesting rssuance of appointment orders. In response, respondent No.2 issued proceedings Rc' No' 1 0 1/Rc - 7 / 2023 dated 27 .o 7.2024, seeking further instructions from the Government. However, no further action has been taken, leading to the filing of the present Writ petition. 4' Learned counsel for the petitioner brought to the notice of this Court the proceedings Rc.No.1O1lRc _t/2023, dated 27.0t.2024, issued by respondent No.2, and the relevant portion of the said proceedings extracted hereunder: "In view of the above, I kindry request the Government to issue necessary orders in view of the Hon,bte Division Bench of the High Court orders in W.p.No.28826 of 2012 & 22390 of 2013 filed by Government against the ApAT orders Dated: 28.02.2012 in O.A.No.6673 of 2011 for takinq further necessary action in the matter.,, Learned counser for the petitioner submits that appropriate orders be passed in this writ Petition by directing the respondents to consider the claim of the petationer and pass appropriate orders in accordance with J law.

5. Learned Government Pleader for Services-I submits that the respondents would consider the petitioner's representation dated

26.06.2023 in accordance with the proceedings Rc.No.10l/Rc-l/2023 dated 27.01.2024 and pass appropriate orders.

6. Taking into consideration the submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of directing the respondent authorities to consider the petitioner's representation dated 26.06.2023 in accordance with the Proceedings Rc.No. 101/Rc-7/2023 dated 27.O1.2024 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period oF six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. A.SREENIVASA REDDY ASSISTANT REGISTRAR SECTIO *.*"= R \ To SA

2. J. 4 A f) 7 ThePrincipalsecretary,schoolEducationDepartment'SecretariatBuildings' State of Telangana at HYderabad' ih;bi*;6; ;i scnoot eo ucation, Hvd erabad' Telansana State' ii-i" Oilirtii C"rrectortCrrairman, bSC-zOoa, Ranga Reddv District, Telangana State. in?bi.tri.t Educational officer/Convenor' DSC-2008' Ranga Reddy District' Telanoana State. +;; i6;i""e?"FoR SERVTCES-t, High court for the state of relansana at Hvderabad. [OUT] iJi,I"CCiJ S'Nr SIVRNEOUNXRISHNA VENKATESWARA SARN/A GANGA RAJU, Advocate [OPUC] rqlo cooies HIGH COURT DATED:1 710712025 ORDER WP.No.18680 of 2025 oR 1HE S 14 t( o J 05 rlJ8 flh t o... -i, ,/ !'4 tt._t, .( ' ;/ :_:-' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.