V.Krishna Goud, S/o v. Yadaiah Goud, Aged
Case Details
Acts & Sections
Petition under Article 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 of mandamus or any other appropriate writ, order or direction declaring the actions of the Respondents in excluding the petitioners from being considered for promotion to the post of Senior Assistants and in taking steps to grant promotions only to Junior Assistants and Typists in the department as being illegal, arbitrary, unconstitutional and in violation of Articles 14, 16 and 21 of the Constitution of lndia and, consequently to direct the Respondents to effect promotions to the post of Senior Assistant only after including the Petitioners in the seniority list of candidates eligible for promotion to the said post by duly fixing their seniority based on the years of service rendered by them and by giving due consideration to them on par with Junior Assistants and rypists. lA NO: 1 oF 2023 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a direction restraining the Respondents from taking any further steps to effect promotions to the fosts of Senior Assistant, pending disposat of the above writ petition. Counsel for the Petitioners: SRI SRIRAM POLALI Counsel for the Respondents: AGp FOR REVENUE The Court made the following: COMMON ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION Nos.11784 ()F 2fJ2L AND WRIT PETITION NO.2 4024 0F 2(J23 c MM ON ORDER: The petitioners in W.P. No.11784 of 2O2l and W.P. No. 24024 of 2023 are same and hence both the Writ Petitions are disposed of under common order since the prayer sought for by the petitioners in W.P. No.24O24 of 2O23 is identical to the prayer sought for in W.P. No.11784 of 2021 and the learned counsel appearing on behalf of the petitioners also agrees for the same.
2. Heard Sri Vadapalli Ramesh, learned counsel appearing on behalf of the petitioners. learned Assistant Government Pleader for Revenue, appearing on behalf of respondents. 3 t t seekino the followino relief : 4ol "...to issue a writ or order more particularly one in the nature of writ of MANDAMUS by declaring the impugned oroceedings of the 1st respondent vrde CCLAs Circular instructions Ref . No. Ser.V (l) / 307 / 2020 dated 25.9'?-O2O in denying to effect promotions to the post of Senior Assistant from the feeder category of VROs as per the rules, though the petltioners are fully eligible and qualified to hold the same under 40 percent quota meant i I I t t 2 SN, J wp_n784 2021& w_24024_2023 for VROs as per the Ministerial Service Rules and consequently quash and set aside the impugned memo dated 25.9.2020 of the 1't respondent as illegal and void by holding that the petitioners are entitled for promotion to the post of Senior Assistant from the feeder category of VROs on par with the candidates who got promotion through proceedings dated 27 -L.ZOZL of the 3'd respondent from the category of Junior Assistants with all consequential service benefits and to pass..."
4. The petitioners filed the W.P. No.24024 of 2O23 seekinq the followino relief: "...to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the actions of the Respondents in excluding the Petitioners from being considered for promotion to the post of Senior Assistants and in taking steps to grant promotions only to Junior Assistants and Typists in the depaftment as being illegal, arbitrary, unconstitutional and in violation of Articles 14, 16 and 2L of the Constitution of India and, consequently to direct the Respondents to effect promotions to the post of Senior Assistant only after including the Petitioners in the seniority list of candidates eligible for promotion to the said post by duly fixing their seniority based on the years of service rendered by them and by giving due consideration to them on par with Junior Assistants and Typists and pass...".
5. The cise of the petitioners in brief as oer the averments made in the affidavit filed bv the oetitioners in suoport of both the Writ Petitions is as undei:- The petitioners have been appointed as Vitlage Revenue officers in the year zo].z and the services of the petitioners have been subsequently regularized. The Village Revenue officers drawing the pay scale of Junior Assistant are erigible for t ' /- ifi, 1 3 SN, J w_lL784_2021& w]4024_2023 promotion to the post of Senior Assistant in the ratio of 4Oo/o posts on rotation basis. The post of Village Revenue Officers was abolished by the Government through G.O.Ms.No.29 Law (A) D<ipartment, dated 19.09.2020. The respondent No.1 issued the impugned proceedings vide CCLAs Circular Instructions Ref.No. Ser.V. (1)/ 3O7l2O2O, dated 25.09.2020 directing all the District Collectors not to effect promotions to the post of Senior Assistant from the category of VROs. By viftue of the same, the respondent No.3 considered the cases of Junior Assistants/ Typists alone for promotion ignoring the petitioners' cases' Aggrieved by the impugned proceedings of the respondent No.1 vide CCIAs Circular Instructions Ref. No. Ser'V(1)/307/2020, dated 25.09.2020, the petitioners approached the Court by filing the present writ petition. 6 PERU ED THE RE CORD (A) G.O Ms.No. 9. da d 19.O9.2020, LAW (A). RT b Government of Telanoana is extracted hereunder: T ts G GOVERNMENT OF TELANGANA ABSTRACT ACTS - STATE - The Telangana Abolition of the Posts of Village Revenue Officers Act, 2020 - Publication ordered as Telangana Act No.10 of 2020. t ( 4 SN' I wD 11?84 2021 & .'&P 2a02a 2023 G.O.Ms.No'29 *** Dated: 19-O9-2O2O -oil^'lu1"ul"'l:"'|." 8ff:[: rhe relansana Abolition of the Posts rirt- 2020, will f"'"p'[rtthed in, the Telangana \r( r"irs, and Urdu ;=du;;;'u' t"rung-una nct-ttto'10 of 2o2o' (BY ORDER AND IN THE NAME OF THE GOVERNOR OF TEIANGANA) SECRETARY TO GOVERNMETT -''- Lesal ffiil;;i"gittuti'u Affairs and Justtce rh e fo' I owi ne A.t . 9f , 11: J:' il',ril; rb?.' 5:1",?fi g:?:?Eq il! pte m b e r' 2o2o ig{ i " ffi :"g', i a'l: "".":"#:pTi :'i J":: 5 1"",- Il:: in the Telangana Caiette for general information:- (Here enter tl'le. AcI enclosed) The Telangunu itoiliion or the Posts of Village 'n"r"nu" Officers Act, 2020 Tfl" nr.irtant Director, Government Printing (Assembly) Press, HYderabad (w'e')' ii'l"" ijii"tior or rranslations' Hyderabad' The Spl. Chief Secretary to Government' ReVenue Department' The Revenr" o"paim.'ni, r.s. Secretariat, Hyderabad The secretary to i*urnr"nt, t-egisraiive (Assembly),Secrefariat, Hyderabad' The Secretary to ior"rnr""t, f-"gitluiiue iCouncit; 6ecretariat, Hyderabad' the Secretary to Governor,'Raf Bhavan' Hyderabad' The principal Secretary to Government, beneral Administration (Poll) Department ,, 2 / 1 5 u,p_1r784_20:IJ w_24024_2023 hereunder lhu chier c ofr.o[ rd m i n isirJ,# };,:T#f : :ffi Jj"f*: cct'As Circular instructions Ref'No' ser'v(1)/3 07/2020, dated 25/09/2020 iili;,,*i'y;H{;[:sffi ;.J;1.?:?]."!_,:,"^_Abo,itionor jl,-^"S,*.'?!lu."rv,rrli5!11"'.fi%;}l jf ,,[".,,"li"#U",l vi r ra s e Re ve n u e orrice rs _-i,;, l?r:f"X r"i,i[#H:tl; ;;' iIli ", gt^,::'11,,"i3i,;'j"ff if"{'l:n, or the post or.viuase Revenue thecadreorsenjoie".'iJt"#r,ffiT::?::r:l'J:r5#.r"r**: -itl'- ffi o.J.i"--rJi=rr l. viewed very fJrr$:ation r'om Please treat this as Most fmportant. sdl- Sornesh Kumar cs & ccu (FAC) To All the Erstwhire District coilectors in the Terangana state Copy to all the District Collectori ior information. (c) extracted hereunder PROCEEDINGS OF THE COLLECTOR AND DISTRICT MAGISTRATE: : HYDERABAD DISTRICT 6 -l f SN, J wp_11784_2021 & w]4024_2023 PRESENT: SMT.SWETA MOHANTY, I.A.S., Procdgs.No.Rev-A20ESTT(SJA)|4/2016-A Section-2, Dated.27.0t.2O2t Sub:- P.S.-Hyderabad District Promotion of eligible Junior Assistants / Special Revenue Inspector's/Typists as Senior Assistants-Orders - Issued. Read:-Collector, Hyderabad Procdg No.Rev-A2OESTT (SJA)/4/2016-4 Section-1, Dt .Ot.202L. ORDERS :- Consequent on promotions of certain eligible Junior Assistants/ Special Revenue Inspectorsfiypists vide ref read above, the following postings are hereby ordered: No Name of the Junior No Assista ntlSPI. R. I/Typis t and office On promotion Posted as Senior Assistant/Spl.UD. R.I in the Office 1 2 3 4 K.Suresh Kumar, Junior Assistant O/o SDC, LA(Gen), Hyderabad Senior Assistant G.Ashwin Kumar, Special Revenue Inspector,O/o Tahsildar, Golconda Senior Assistant U.Mallikarjun, Special Revenue Inspector, O/o Tahsildar, Asifnagar Senior Assistant Hanuman Typist, Hyderabad Bheem o/o Singh, SEM, Senior Assistant As Senior Assistant in the Olo SDC, LA(Gen), Hyderabad existing vacancy. As Senior Assistant in the Olo SDC, ULe, Hyderabad existing vacancy and deputed to the O/o Tahsildhar, Golconda. As Senior Assistant Olo Tahsildar, Saidhabad in the existing vacancy. As Senior Assistant in the Olo SDC, ULC, Hyderabad in existing vacancy :'. .-trl ",-+i'Jr- ''-.'.i1.L_-" I / ) 7 5 5 7 8 9 10 P.Prasanna Lakshmi, Typist, O/o Tahsildar, Asifnagar working on deputation in the O/o Tahsildar, Tirumalgi ri Senior Assistant Y.Ramadevi, Typist, Olo RDO, Secunderabad working on deputation in Collectorate, Hyderabad K.Srikanth, Junior Assistant, O/o Tahsildar, Saidhabad Senior Assistant Senior Assistant Farah Mahmood, Junior Assistant, Olo Collectorate,, Hyderabad Senior Assistant P.Jyothi, Special Revenue Inspector, Olo Tahsildar, Golconda Senior Assistant B.Suneel Kumar, O/o SDC, LA(Gen), Hyderabad working on deputation in Collectorate, Hyderabad Senior Assistant 11 S.Sunil, Hyderabad Collectorate, Senior Assistant SN, J w_tr784 2021& w_24024-023 deputed to the O/o SEM, Hyderabad. As Special UD.R.I in the O/oTahsildar, Secunderabad in existing vacancy. As Senior Assistant in the Olo SDC, ULC, Hyderabad in existing vacancy. As Senior Assistant Olo Tahsildhar, Amberpet in the existing vacancy. As Senior Assistant in the Olo SDC, ULC, Hyderabad in existing vacancy deputed to the O/o Tahsildhar, Asifnaqar. As Senior Assistant in the Olo RDO, Secunderabad Divisir:n in the existing vacancy As Senior Assistant in the Olo SDC, ULC, Hyderabad in existing vacancy deputed Collectorate, Hyderabad and allotted to legal cell. As Senior Assistant in the Collectorate, Hyderabad in the existing vacancy and allotted to Accounts and A8- Section Fii..<i-' -.i -' -, -.ru;, r-rii r,a*rilE+.:*, :-:,;i*:j&lli;r; ;' t l'-lJ 8 K. Saritha, Olo, Estate Officer, Hyderabad Senior Assistant T.Raju, O/o Tahsildar, Bahadhurpura working on deputation in the Olo Tahsildar, Secunderabad Senior Assistant R.Sanjay Kumar, O/o Tahsildar, Secunderabad Senior Assistant P.Vishnu Collectorate, Hyderabad Vandana , Senior Assistant L2 13 14 15 To The individuals (1 SN, J wp_l1784 202t & w]4024_2023 As Senior Assistant in the Olo RDO, Secunderabad Division Smt.D. Pushpalatha, Senior Assistant. As Senior Assistant the Olo Tahsildar, Secunderabad in existing vacancy. As Senior Assistant the Olo Tahsildar, Tirumalgiri in the existing vacan cy. lAs Special UD R.I in the Olo Estate officer, Secunderabad in existing vacancy deputed to the Collectorate, Hyderabad and allotted to C- Section sd/- Collector, Hyderabad District. (D) The relevant portion of the count"r affidarit filed by the respondent No.3 in w.p. No.l17g4 of 2o21 in particular Para Nos.7 to lo are extracted hereunder: i I i t :ai I \ 9 SN, J wP_l1784_2021& w-24024_2023 "....While the matter stood thus, the Government of Telangana abolished the post of VRO in Telangana State vide "the Telangana Abolition of the post of Village Revenue Officers Act 2020, (Act 10 of 2020)" and published in the Gazette. Further, it is submitted that the CnLi Com-itsioner of Land Administration, Telangana State issued the following circular instructions vide Ref. No' Ser'V( 1)/307 /2020 dated 25.9.2020 to all the District Collector's in the State, "In view of the abolition of the post of Village Revenue Officer, it is directed that no promotions shall be effected for the cadre of Senior Assistant from the feeder category of VROS. Any deviation from the said orders will be viewed seriouslY" .
8. In reply to Para. No.7 of the petitioner affidavit, it is respectfully submitted thrt, "rn" Telangana Abolition of the post of Village Revenue Officers Act 2020, (Act 10 of 202O)" read as follows: "3. The Posts of the Vitlage Revenue Officers in the State of Telangana are hereby abolished. Every person who holds the post of Village Revenue officers in any part of the State of Telangana shalt forth'with cease to hold such post" "4 (1) Consequent on abolition of the post of the Village Revenue Officer, the services of every person working as Village Revenue Officer sha!! be transferred to and Equivalent category in any Government department as per absorbed in anY administrative exigencies" Therefore, the Respondents have no authoity to act beYond the rules' In reply to Para. No.8 of the petitioner affidavit, it is respectfully 9. submitted inat, "ff,e Telangana Abolition of the post of Village Revenue Officers Act 2020, (Act 10 of 2020)" read as follows: "4(2) Government may, for the purpose of sub-section (1),' make such suitable provision as -yaV- le nicessary under the proviso to Article 309 of the Constitution of India" v u bmitted that. Governme t have e d bolished T t -e.-- l0 O SN, J w_11784 2021& . w]4024_2023 dismissed..."- (E) The G.O.Ms.No.7t, Dated O9.O7.2O22 Revenue hereunder GOVERNMENT OF TELANGANA ABSTRACT _- Revenue Department The Telangana Abolition of the posts of Village Revenue officers Act,2020 (Act No. 10 of 2o2o) - Appointment of date :j:::Tl-::T:l of rhe Act - Notification _ orders _ rssued. ilil;6;;l ;;ffiil-;" " G.O.Ms.No.7l Dated: Og_07_2O22. _ Ih. Telangana Abolition of the Posts of Village Revenue Officers Act, 2020 (Act No. 10 of ZO2O). ORDER * ** The following notification shall be published in an Extra- ordinary issue of the Telangana state Gazede dated 0g.07.2022. NOTIFICATION rn exercise of the powers conferred under sub-section (2) ot section (1) of the Tetangana Abotition of the posis or village Revenue officers Act, 2o2o, (Act No. 1o of 2o2o), the Governor of Telangana hereby appoints the 9th d"y;;'ilL, 2022 as the date on which the said Act shalt come into force. ,(\ 11 SN, J wp_I1784 2021 & wp_24024_2023 (BY ORDER AND IN THE NAME OF THE GOVERNOR OF TEI-ANGANA) SOMESH KUMAR CHIEF SECRETARY TO GOVERNMENT To. The Commissioner of Printing, Stationary and Stores, Purchase, (Publication wing) Telangana state, Hyderabad (with a request to iublish notification and supply (100) copies to Government and (300) copies to CCI-A, TS, HYd). in" cni"i commissioner of Land Administration, TS, Hyderabad. All the District Collectors in the State. Coov fo: - The Accountant General, Telangana State, Hyderabad. The Law (A) DePartment. The p.S. io the Secretary to Hon'ble Chief Minister, Govt. rlf Telangana The p.S. to the Chief Secretary, Government of Telangana' (F) The Gazette Notification issued bv the THE TEI-ANGANA GAZETTE PART-I EXTRAORDINARY PUBLISHED BY AUTHORITY No.156-Al HYDERABAD, SATURDAY, JULY 9, 2022. NOTIFICATIONS BY GOVERNM ENT ---x--- REVENUE DEPARTMENT (Ser-Il) THE TELANGANA ABOLITION OF THE POSTS OF VILI-AGE REVENUE oFFICERS ACT, 2020 (ACT NO.10 OF 2020) - APPOINTMENT OF DATE OF COMMENCEMENT OF THE ACT [G.O.Ms.No. 77, Revenue (Ser-II), 9th July,2022'] \ n t2 SN, J w_11784 2021& w_24024]023 In exercise of the powers conferred under sub-section(2) of Section (1) of the Telangana Abolition of the Posts of Village Revenue Officers Act, 2020(Act-.No.10 of 2o20), the Governor of Telangana hereby appoints the 9th day of July, 2022 as the date on which the said Rct shall come into force. SOMESH KUMAR, Chief Secretary to Government DISCUSSION AND CONCLUSION 7, The learned counsel apoearinq on behalf of the oetitioner mainlv outs forth the followinq submissions: (i) The Telangana Abolition of the posts of village Revenue officers Act, 2020 (hereinafter referred to as .The Act No.10 of 2020') came into force on 19.09.2020. Therefore, the impugned Circular vide Ref.No.Ser.V (L)/307/2020, dated
25.09.2020 issued by the cclAs is without jurisdiction and needs to be set aside (ii) since the impugned circular is the sole basis for denying promotion to the petitioners herein in the year 2ozL. The said circular is riabre to be declared as illegal and consequenfly, therefore, the petitioner is entiiled for promotion with effect from 27.01.202L (iii) on the day when certain erigibre Junior Assistants/ Typists/Special Revenue Inspectors had been promoted as 2 :t. 13 SN, J wp_1 1784_2021 & wp_24024_2023 Senior Assistants, the petitioners continued in the post of VROs even though the Act No.10 of 2O2O had already come into force' As per the order of this Court passed in W.P. No'31766 of 2022 and W.P. No.3234L of 2022, the petitioners are entitled for all consequential benefits arising from such continuation including promotion to the next higher post and the denial of promotion to the petitioners since the year 202L is therefore illegal' Based on the aforesaid submissions. the learned counsel appearing on behalf of the petitioners contends that the petitioners are entitled for the relief as praved for in the present writ oetition. g. The learned Assistant Government pleader placing reliance on the averments made in the counter affidavit filed on behalf of the respondent No.3 in W.P. No.lL784 ol 2O2:. mainli contends that the Government had abolished the post for v.R.Os in the State of Telangana through 'The TelanganaAbolitionofthePostsofVillageRevenue officers Act, 2o2o, and the same came into force on 19.O9.2O2O. Therefore, the petitioners do not have any right to file the present writ petition and the petitioners k.1 l8i.*s*:4"eEt;: i,: +. ::.. I*3ti*,:$€aqt:Aa.'.i -*-rF' *a,Ji-..-i -i .--{ n t4 SN, J wP_1t784-02t & wP]4024_023 are not entitled for any relief as prayed for in the present writ petition.
9. A bare perusal of the G.O.Ms.No.29, Dated: 19.09.2020 issued by the secretary to Government, Legal Affairs, Legislative Affairs and Justice, Government of Telangana indicates that the Telangana Legislature received the assent of the Governor of Telangana on the 19th September, 2o2o and the said assent is published on the 19th september, 2o2o in the Tetangana Gazette. In view of the fact that as per L.A. Bill of g of 2o2o clause L (2), the Act shall come into force on such date as the Government ffidy, by notification in the Terangana Gazette appoint and the Government by Gazette Notification vide G.o.Ms.No.71, Dated 09.07.2022 issued by the chief secretary to Government, Government of Telangana appointed the date as
09.07.2022 as the date on which the Act shall come into force.
10. A bare perusal of the impugned proceedings dated
25.09.2020 issued by the respondent No.1 herein indicates that specific directions had been issuecl to the concerned observing that no promotions shall be effected for the cadre olF Senior Assistant from the feeder category of VRO on the ground of I ,a / l5 SN, J wp_l t784_2021 & w 24024 2023 abolition of post of Village Revenue Officers with clear stipulation that any deviation from the said orders will be viewed very seriously.
11. This Court opines that the impugned Circular vide CCLAs Circular Instructions No. Ser. v (1) I 3o7 I 2O2O, dated 25.O9.2O2O issued by the respondent No.l is without jurisdiction since the said impugned Circular dated 25.O9.2O20 came into force only on 99.O7.2022 i.e. the date on which 'The Act No.lO of 2o2o'came into force, but not on 19.09.202O and therefore the plea of the respondent counsel relying on the averments made at para 1O of the counter affidavit filed by respondent No.3 in W.P.No.1L784 of 2O21 (referred to and extracted above) that the Telangana Abolition of the Post of Village Revenue Officers Act 2O2O came into .force w.e.f. 19.09.2020 is without any basis and hence reiected as untenable since the said Act only received the assent of the covernor of Telangana on 19.O9.2O2O and the said assent was first pubtished on 19.O9.2O2O in the Telangana Gazette for generat information and the Government by Gazette Notification Vide G'O'Ms'No'7l dated O9'o7'2o22 Jd r6 o SN, J w_n784 2021& w_24024_2023 issued by the chief secretary to Government, Government of Telangana appointed the date as Og.Ol.2OZ2 as the date on which the Act came into force.
12. A bare perusal of the record indicates that on 27.01.202t few Junior Assistants, Revenue Inspectors and Typists had been promoted to the post of senior Assistant. But however, the case of the petitioners had not been considered for promotion in view of the impugned circular dated 2s.09.2020 issued by the respondent No.1 herein. The learned Assistant Government Pleader could neither through the counter affidavit nor through her submissions, justify the action of the respondents herein and simply contended that the Government had abolished the post of Village Revenue officers in the state of Telangana through an Act passed by the Telangana stage Legislature, which is called Telangana Abolition of the Posts of village Revenue officers Act 2020 (Act No.10 of 2020) and the same came into force with effect from 19.09.2020 which is factually incorrect and the same came into force only on 09.07.2022 the day when the Government of relangana appointed the 9th day of July, 2022 as the date on which Telangana Abolition of the posts of Village Revenue officers Act,2020 (Act No.10 of 2o2o) came into force / t7 SN, J wp_l1784_202t & wJ4024_2023 through a Notification published in Telangana State Gazette dated 09.07.2022, as per L.A. Bill of B of 2020 dated 09.09.2020 clause 2 (2), which is extracted below: "THE TELANGANA GAZETTEE PART IV-A EXTRAORDINARY PUBLISEHD BY AUTHORIW No.8l HYDERABAD, WEDNESDAY, SEPTEMBER 9,2020 TELANGANA BILLS TELANGANA LEGISLATIVE ASSEM BLY The following Bill was introduced in the Telanoana Legislative Assembly on 9th September, z}i}. L.A. Bill No.B of 2020 A BILLTO ABOLISH THE POSTS OF VILLAGE REVENUE OFFICERS IN THE STATE OF TELANGANA Be it enacted by the Legislature of the State of Telangana in the Seventy-First year of the Republic of India js follows:-
1. (1) This Act may be called the Telangana Abotition of the Posts of Village Revenue Officers Act, 2020. 2 TELANG NA GAZETTE E ORDINARY TPart IV-AI (2) flc +ha Government mav. bv notification in the Telanoana Gazettee appoint." far.aa ara crralr dala 2 hrll aa a inla s
13. Taking into consideration the facts as borne on record that the petitioners continued to work as Village Revenue Officers as per the order of this Court dated I \ I I I ,tt l8 I SN, J wp_11784 202t & wp_24024_2023
18.11.2025 passed in petitioners'favour in W.P. No.24O24 of 2023, this Court opines that the petitioners are entitled for the relief as prayed for in W.P. No.11784 ol 2O2L.
14. The Apex Court, in the judgment of "Raghunath Prasad Singh Vs. Secretary, Home(Police) Department, Government of Bihar" reported in 1988 (Supp) SCC 519 has held that reasonable promotional opportunities should be available in every wing of public service and the same generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional proposals, the service is bound to degenerate and stagnate and eventually kills the desire to serve properly.
15. The Apex Court, in the Judgment of "Dr. M.S.O.Z. Hussain Vs. Union of India and Others dated 15.09.1979 repoded in 199O (Supp) SCC 688 has held that provisions for promotion increases efficiency of public service while stagnation reduces efficiency and make service ineffective. I I i-<
17. case, l9 SN, J w_ ?84_2021 & wJ4024_2023 (a) The aforesaid facts and circumstances of the (b) The submissions made by the tearned counsel appearing on behalf of the petitioners and the learned Assistant Government pleader for Revenue, appearing on behalf of respondents. (c) The averments made in the counter affidavit filed on behalf of respondent No.3, (d) The contents of the order impug ned vide CCLAs Circular Instructions Ref.No. Ser.V(1)/3O7 /2O2O, dated 25.O9.2O2O issued by the respondent No.1, (e) The order of this Court dated 18.11.2025 passed in petitioners'favour in W.p. No.24O24 ol 20,23, i 20 :{ SN, J w_ll7E4_2021& w_24024_2023 (f) The G.O.Ms.No. 29, Dated 19.09.2O2O issued by Secretary to Government, Lega! Affairs, Legislative Affairs and Justice, Government of Telangana (referred to and extracted above), (g) Clause 2 (2) of L.A Bilt of 2OZO dated
09.09.2020 (referred to and extracted above), (h) The observation in the Judgments referred to and extracted above, (i) The discussion and conclusion as arrived at Para Nos. 7 to t6 of the present order, Both the Writ Petitions are allowed as prayed for. The impugned proceedings of the l"t respondent vide CCLAs circular Instructions Ref. No. Ser.V(l)/3Otl2O2O, dated 25.09.202O in so far as denying the promotions to the post of Senior Assistant from the Cadre of Village Revenue Officer, is set aside. The respondents are directed to consider the case of the petitioners for promotion to the post of Senior Assistants from the feeder cadre on par with the candidates, who got promotions through Procdgs. No. Rev-A2OESTT (SJA) 14/ 2016-A Section-2, dated 27.OL.2O21 ol the respondent No.3 from r l' 2t SN, J *;;'_lXt1:3i* the category of Junior Assistant with all consequent service benefits in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioners and pass appropriate orders, within three (3) weeks from the date of receipt of a copy of the order and duly communicate the decision to the petitioners. However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand t, I t closed. That Rule Nisi has been made absolute as above' W|INESS THE HON'BLE THE CHIEF JUSTICE APARESH KUMAR SINGH, ON this itiisonv, THE EIGHTEENTH oAY oF NoVEMBER Two rHousAND AND TwENw FIVE SD/. P.PONNA KRISHNA ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To 001 -Disi'ri;t of Telangana. Telangana, Hyderabad. s6ire[aiiai, Hyd erabad, St6te of Tela ng ana - .500 -o22
1. The chief Secretary and chief commissioner of Land Administration, State of z. inJi-rinc$at'secretary, Revenue Department, secretariat, Hyderabad, state collector, Hyderabad, Hyderabad District 3. ihe a -|-ne Soecial Chief Secnjtarv to the Govemment, Revenue Department' S. i6e Ctriet iorirmission6ioiLanO AOmliistration, Nampally, Hyderabad - 500 6. The District Collector, Nampally, Hyderabad - 500 001 7. fii" Seii"GrV to tfre bniet borirhiSsioner of Land Administration, Nampally, S. Ohe CC to SRI VADAPALLI RAMESH, Advocate [OPUCI 6. One CC to SRI SRIRAM POLALI, Advocate IOPUC] 7. i*o CCs to GP FOR REVENUE, High Court for the State of Telangana, at 8. Two CD Copies .$s Hyderabad - 500 001 Hyddrabad. [OUT] l<f, PSK. HIGH COU DATED:1811112025 CC TOD c :l 3 l=i WP.No.11784 ot 2021 WP.No.24024 ot 2023 o o ( * 1i" SIA 1i ii[[ zm * ALLOWING THE WRIT PETITIONS WITHOUT COSTS 't4 \ ;!ii;ii;,::j".:.'_-.. ..-,,