✦ High Court of India · 19 Apr 2025

High Court · 2025

Case Details High Court of India · 19 Apr 2025
Court
High Court of India
Decided
19 Apr 2025
Bench
Not available
Length
1,517 words

Petition under Anicle 226 of 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 writ of Mandamus declaring that action of the respondents in not counting the service of the petitioner for the period from 2003 to 2OO7 and 2O11-2012,2012-2013 and 2013-2014 in the seniority list of CRT PETs and PDs., inspite of petitioner discharging continuoti3 service since the date of appointment and further action in not paying the ialaries for three years i.e. for the period 2011-12,2012-13 and 2013-14 as highly illegal, arbitrary and in violation of principles of natural justice, apart from violation of Article 14 and 16 of the Constitution of lndia, consequently direct the respondents to add the service of the petitioner for the period from 2003 to 2007 and -201 1-2012, 2012-2013 and 2013-2014 in the seniority list of CRT PETs and PDs and to extend all service benefits relating thereto, including the salary payable to the petitioner for the period of three years i.e.2O11-12,2012-13 and 2O13-14 in the interest of justice. IAN o: 10F 2 o23 Petition un( the affidavit filed i the respondents ' 2OO7 and 2O11-2t and PDs and tt: payable to the Pt

201.3-14, Pending Counsel for the I Counsel for the I Counsel for the ' The Court made ler Section 151 CPC praying that in the circumstanrles stated in I support of the petition' the High Court may be pleaLsed to direct oacdtheserviceofthepetitionerfortheperiodfrom2003to )12 2012-2013 and 2013-2014 in the seniority list of CRT PETs 3xtendallservicebenefitsrelatingthereto,includi.lgthesalary ltitiotrerfortheperiodofthreeyeargi.e.2oll.l22012-13and disposal of the above Writ Petition' ,etitioner: SRI KARAM CHENDU KOMIREDDY lesp,ondent No'1: AGP FOR SOCIAL WELFARE ?espondent No'2: AGP FOR REVENUE the ilollowing: ORDER t HON'BLE MRS. JUSTICE SUREPALLI NANDA .. WRIT PETITIO N No.2 1841 0F2 o23 ..- ORDER: Heard Sri Karam Chendu Komireddy, learned counsql appearing on behalf of the petitioner, learned Assistant Government Pteader for Socia! Welfare, appearing on behalf of respondent No.1 and learned Assistant Government Pteader for Revenue, appearing on behalf of respondent No.2. 2 The petationer approached the Court seeking prayer as under: "...to issue a writ, order or direction more partlcularly one in the nature of writ of Mandamus declaring that action of the respondents in not counting the service of the petitioner for the period from 2003 to 2OO7 and 2OlL-2012, 2OL2-2013 and 2013-2014 in the seniority list of ' CRT PETs and PDs in spite of petitioner discharging continuous service since the date of appointment and further action in not paying the salaries for three years i.e. for the period 2011-L2,2012-13 and 2Ol3-14 as highly illegal, arbitrary and in violation of principles of natural justice apart from violation of Articles t4 and 16 of the Constitution of India consequently direct the respondents to add the service of the petitioner for the period from 2003 to 2007 and 2OLL-20L2, 2012-2013 and 2013-2014 in the seniority .4,- 2 SN, J wt 2t84t 2023 list of (lR,'- PETS and PDs and to extend all service benefits re .rting thereto including the salary payable to the peti .iorrt:r for the period of three years i'e' 2O1l-12 2OL2-13 ar'd 2Ot3-14 in the interest of justice and pass... ".

3. The cas;e lf the petitioner, in brief, is that the p(ltitioner was initially appointed by the Project Officer, ITDA, Utnoor, Adilabad Dist-ict and the Deputy Director of Tribal welfare as a Football Coacr orr temporary basis at Government Tribal Ashram High School (Spcrts), K.B. Complex, Utnoor on 21'02'2003 and continued as =ocrt Ball Coach dl 2007. Thereafter, the p()titioner was sent for trairring with the permission of (PO) ITDA for two years and aft er t raining, the petitioner resumed his service till

2010. It is th() specific case of the petit'ioner that the peltitioner 4. was removetl f'rom the services through proceedinqls vide R.C.No.D5/1 I11i:lOlO based on the allegations that the petitioner purrisht:d the students. The petitioner aggrierved by the above seid troceedings, approached this Court by filing W.P.No.2047C of 2OLl but the said petition became infructuous as the petitioner (lot reinstated after three years of his rt:moval' Thereafter, r:spondents have issued seniority list for the It ,A J SN, J wP 2184t 2023 academic year 2023-2024 whereby the petitioners seven years of seniority i.e., 2003-2007 and 2OL!-20L2, ZOL2-2013, 20t3- 2014 were not added even after making several representations made by petitioner and the salary for three years i.e., 2011_ 2072, 2072-20L3, 2013-2014 was not credited to the petitioner even after several representations made by the respondents. Aggrieved by the same, the petitioner filed the present writ petition.

5. It is further specific case of the petitioner that the petitioner made repeated requests to the 1st respondent herein to count petitioner's services of seven years in CRT pETs seniority lists of Ashram Schools of Tribal Welfare Department, Adilabad to add seven years of petitioner in seniority rist since the petitioner was appointed in ITDA, Tribal Weflare Department on 21.02.2023 in Ashram School (Sports), KB Complex at Utnoor as a Football Coach by the project Officer, ITDA, Utnoor. It is further the case of the petitioner that petitioner worked from 2003 to 2007 i.e. 4 years as a coach in Sports School, KB complex, Utnoor. The petitioner was sent to training by the permission of the (PO) ITDA, and after training, again, the petitioner continued his service till 2010 and the petitioner fell 1 r-) 4 SN, J \rP 2 r84t 2021 victim of certain circumstances and was removed and tl-rereafter, upon appro.rch ng the High Court subsequent to withclrawal of the case fileJ b,1, the petitioner, the petitioner was re-appointed after three year:; of gap since the allegation leveled against the petitioner raras t'ound to be without any basis and therefore, the petitioner's r3qu(tst to count petitioner's seven years oF service in petitioner's (.RT's, PET's seniority lists since the petitioner had been workin; in Tribal Welfare Department in Ashram School, ITDA at Utnocr s nce the year 2003 to 2007. It is t'u rther the case of the petitioner that though petitioner haC prtt forth petitioner's grievance vide petitioner,s detailed repr3sentation dated 29.06.2024 addressed to the 1't respondent h,'reirr, the same had not been considered as on date and hence petiti,lner's representation date 29.06.2024 hils to be considered in accordance to Law by the 1't respondent ,/.lithin a reasonable pe riod .

6. The learned Assistant Government pleader for Sociat Welfare, do(-'s not dispute the submissions made by the learned courrsel appearing on behalf of the petitioner.

7. Takino into, consideration ( { 5 SN, J wP 21E41 2023 (a) The aforesaid facts and circumstanc€s of the case, (b) The submissions of the learned counsel appearing on behalf of the petataoner and the learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondent No.1, appearing on behalf of resPondents, (c) The contents of the petitioner's representation dated 29.06.2024, (d) The fact that no orders have been passed on the representation dated 29.06.2024 of the petitioner addressed to the l't respondent herein as on date, The writ petition is disposed of directing the 1* respondent to consider the representation of the petitioner dated 29.06.20.24 addressed to the l't respondent herein seeking to count petitioner's seven years of service in CRT's, PET's seniority lists in Tribal Welfare Department, Adilabad since the petitioner worked from 2O03 to 2OO7 for four years and again till 2O1O, in accordance to !aw, within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the said representation of I 6 SN, J !vr, 21841 2023 the petitic,ner dated 29.06.2024 to the peliitioner' However, ttrerer shall be no order as to costs. \ The nisc:ellaneous applications, pending if arry, shall //TRUE COPY// SD/. L.LAKSHMI BABU QE PUTY REGTSTRAR rr, S-E N OFFICER \ Cer TDA Utnoor, Adilabad District :ct tlffi I ict Collector, Adilabad District .o li 'i Karam Ch endu KomireddY, Advocate [OPUC] to Tf e GP for Social Welfare, Hig h Court for the State of Telangana, ',:+l:%tJ for Revenue' Hish court for the state of relansana' at ad[oUT] Copies 1 I stand closed. To,

1. 2. 3. 4. ( tt. The Projt The Distr One CC I WO \.\- at Hvder TwO UU Hyderab Two CD TJ 6 --.QitG'rEt#--- * '1' ! \l a!s It HIGH COURT, CC TODAY DATED:2010312025 -a--' '-{,t'' s " J F 't 3 tii)i 2$h v 2. t a, , ,_) {- ) ORDER WP.No.21tl41 of 2023 DISPOSIN,G OF THE WRIT PETITION WITHOUT COSTS @c'e s9.- aqF\tr

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