✦ High Court of India · 05 Aug 2025

#+qf f L v. 'Utu:jiH' jltrf :fltf

Case Details High Court of India · 05 Aug 2025
Court
High Court of India
Decided
05 Aug 2025
Bench
Not available
Length
1,084 words

Petition Under Article 226 ot the Constitution of lndia praying tlat circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate Writ' Order or Direction' more particularly one in the nature of WRIT OF MANDATVIUS' to declare the in action of the respondents herein, particurarry 2nd r respondent, despite petitioner filed a detailed representation, dated 13'06'2025 before the 2nd respondent by requesting the respondents to induct and place the petitioner name n the Seniority List of Deputy Executive Engineer, who are last regular candidate in the cadre of Deputy Executive Engineer' PH and trilED' Telangana State for the year 2018' but and unfortunately, 2nd respondent neither considered the petitioner representation' Dated.1s.r,6.2ozs, nor petitioner name was yet included in the SeniOfity )iSt in cadre of Deputy Executive Engineer, who are rast regurar candidate in the cadre of Deputy Executive Engineer, pH and MED, Terangana State, for the year 201g, and same has been illegal, arbitrary, excessive, and unjust and its violative of Articres 14. 16 0f the constitution of India and it,s contrary to the Terangana Subordinate service Rures, 1gg6 and consequentty oirect ,n" *.o"lo"ro, forthwith induct and prace the petitioner name in the seniority List of Deputy Executive Engineer, who are rast regurar candidate in the cadre of Deputy Executive Engineer, pH and MED, Telangana State, for the year 2O1B by considering the petitioner representation dated. 13.06.2025. l.A.NO:1 OF 2025 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 direct the respondents herein, forthwith induct and prace the petitioner name in the seniority List of Deputy Executive Engineer, who are last regular candidate in the cadre of Deputy Executive Engineer, pH and MED, Terangana State, for the year 2018 by considering the petitioner representation dated. .l 3.06.2025, in the interest of justice, pending disposal of the main writ petition. Counsel for the petitioner : SRI C.HARI PREETH Counsel for the Respondents : Gp FOR SERVICES _ | The Court made the following ORDER 1 E oN'B E RI U TIC EN A A RAP E HWAR RA TP T N 1 34 F2 2 ORDER: . The present Writ Petition is filed questioning the action of respondent No'2 in not considering the petitioner's representation dated 13.06.2025 for inclusion of his name in the seniority list of Deputy Executive Engineers' PH&MED, Telangana, for the Panel year 2018, as per the terms of his inter-state transfer' as being illegal and arbitrarY' 2. Heard Sri C' Hari Preeth' learned counsel for the petitioner' and learned Assistant Government Pleader for Services-I' appearing for the respondents' Perused the material on record' 3. Brief facts of the case are that the petitioner' a permanent resident of Medchar-Malkaigiri District, Terangana, beronging to the Scheduled Castd community' was appointed through APPSC (Direct Recruitment) as Assistant Executive Engineer on 24'11'2008 and later promoted as Deputy Executive Engineer on 05'04'2013 on a temporary basis, and has since served in various locations in the erstwhile State of Andhra Pradesh' discharging his duties without any complaints' After bifurcation of the State in 2Ol4' the petitioner was allocated to Andhra Pradesh Cadre despite being a native of Telangana. The Petitioner's wife' also a government emPloYee 2 working in Mancherial District, Telangana, led him to seek an in ter- state transfer on ,,Spouse Grounds,,, which was allowed th rough G.O.Ms.No.66, MA&UD Department, dated 09.02.2018, subject to the condition of taking last rank to the last regular candidate in the new state and forgoing seniority and Iien in the existing state. The petitioner joined duty in Telangana on 20.02.2018 and was posted at Adilabad Municipality, where he has been working diligently. Despite the clear terms oF transfer, the respondents did not induct the petitioner,s name into the seniority list of Deputy Executive Engineers for the panel year 2OIB, nor was his representation dated 13.06.2025 considered. to know that the seniority list was prepared for the purpose of promotion to Executive Engineer without including his name. Aggrieved by the same, the petitioner filed the present \ /rit The petitioner came Petition.

4. Learned. counsel for the petitioner submits that appropriate orders be passed in this Writ petition by directing the respondents to consider the claim of the petitioner and pass appropriate orders in accordance with law.

5. When the mafter was taken up an earlier occasion, i.e., on 22.07.2025, Government Pleader for Services_I sought for hearing on learned Assista nt time to obta in t J instructions Today' when the matter came up for hearing' learned Assistant Government Pleader for Services-I placed on record a copy of the written instructions vide Letter No'21134/5- 05'08'2025' with regard to the inclusion of the 1]CS.UZO2]'dated petitioner's name in the seniority list' reads as follows: "As and when the provisional seniority list is published' the name of the petitioner will be placed at the approp''u''i" po''''on as per the Rules in force'"

6. In view of the aforesaid disPosed of with a direction to petitioner's case AS consider the prepared. There shall be no order as to costs' observation, this Writ Petition ls the resPondent authorities to and when the senioritY list is As a sequel' miscellaneous applications pending' if any' in this Writ Petition, shall stand closed' //TRUE COPY// SD/.MOHD. ISMAIL ISTANT REGISTRAR I SECTION OFFICER ministration and Urban a of Telanqana, of Telangana at HYderabad, To - 1. The Principal Secretary to Government, Municip Develooment(PHME)'Department, Government Dr.B.R.Ambecjkar, Telangana Secretariat, State Telangana. Telangana. z ihiii?,si;er-ln-Chief (PH), Public Health gnd Municipal Engineering -' oeparttient, Governmeni Ji t.tung"n', office at' A C Guards' Hyderabad' 3. iil ic;6 Gp FOR SERVtcES_t, High court for the state of Telangana at + oire cc to sRl c.HARl PREETH, Advocate [oPUC] 5. Two CD CoPies Hyderabad. [OUT] . SA GJP ( ( '1"i :,f ' ;'- 2 2 AUE 2025 -.- / --i=:: - - HIGH COURT DA-TED:0 StOBt2O2s ORDER WP.No.21134 of 2O2S \.o 't" \. DISPOSING OF THE W.P WITHOUT COSTS.

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