R.Shashikala v. 1. The State of Telangana

Petition under Article 226 of lhe 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 deilaring the action of the 2nd Respondent in Non-granting Notional Promotion for the service period from 1 992 -1995 and not placed me in the 3rd place in the final seniority list, dtd. 28.05.2025 and issued an impugned Proceedings R.No.1106/NDEl2O25, dated.04.08.2025 by uploading the relevant documents from 04.PM of 05.08.2025 to 06.08.2025 by non-given option to uptoad the all relevant documents for the promotion of Deputy Nursing Superintendent in Multi Zone-l from the feeder category of Senior Nursing Officer of Multi zone -l for the panel year 2024-25 to the petitioner as an illegal, ex-facie, ,:a: ... arbitrary, discriminatory, unjust, unfair, irrational, whimsical, non-application of mind, unlaMul, unconstitutional and in violation of principles of Natural Justice and in violation of the Telangana subordinate Service Rules, -19g6 as amended time to time and in violation of Article 14, 16 and 21 of the constitution of lndia and also against the catena of judgments of this Hon'ble court and an Apex court and set aside the same and consequently, direct the respondents to grant the Notional Promotion for the service period 1gg2 - 1 gg5 f rom the feeder category Senior Nursing officer to Deputy Nursing Superintendent in IVulti Zone-l for the panel year of 2024-2025 by placing the petitioner in the 3rd place in accordance with the seniority in the final seniority list, dtd.28.05.202S. lA NO: 1 OF 2025 Petition under Section i 51 cPC praying that in the circumstances stated in the affidavit filed in support of the. petition, the High court may be pleased to suspend the impugned proceedings vide Proceedings R. No.1 1 06/NDE/2025, dated.04.08.2025 by uploading.the relevant documents from 04.pM of 0s.08.2025 to 06.08.2025 to an extent of in non-allowing the petitioner to upload the all relevant documents for the promotion of senior Nursing officer to Deputy Nursing Superintendent in Multi Zone-l forthwith, pending writ petition. lA NO: 2 OF 2025 Petition under section 151 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 2nd Respondent to allow the petitioner to upload the all relevant documents for the promotion of senior Nursing officer to Deputy Nursing superintendent in lvulti Zone-l in pursuance of the proceedings R.No.1106/NDE12025, dated.04.08.2025 by uploading the retevant documents from 04.PM of 05.08.2025 to 06.08.2025 forthwith, pending writ petition. Counsel for the Petitioner : SRI PRABHAKAR CHIKKUDU Counsel for the Respondents No.1,2,4&5 : AGp FOR SERVICES I Counsel for the Respondents No.3 : SRI M.p.K.ADITYA, SC FOR TWp The Court made the following: ORDER 1 THE o ,B E RI u T c N A P RAJ ESH AR w P TI I 3418 F 2025 ORDER: The Present Writ Petition is filed seeking to declare the action of resPondent No'2 in not granting notional promotion for the service period 1gg2 to 1gg5, in not pracing the petitioner at seriar No.3 ln the Flnal Seniority List dated 28'05'2025' and in issuing impugned Proceedings R'No'1106/NDEl2025 dated 04'08'2025 without providing the petitioner an opportunity to upload relevant documents for promotion to Deputy Nursing Superintendent in Multi Zone I for the panel year 2024to 25 as illegal and arbitrary' 2. Heard Sri Prabhakar Chikkudu' learned counsel for the petitioner; learned Assistant Government Pleader for Services-I' appearing for resPondent Nos' l, 2, 4 and 5; and Sri M'P'K' Aditya' learned Standing Counsel for TWP' appearing for respondent No'3' Perused the material on record'

3. Brief facts of the case are that the petitioner was appointed as a Staff Nurse on 28'10'1992 and has been continuously working in various hospitals since 09'11'1992' The petitioner was promoted to the post of Senior Nursing Officer on 19'07'2023 and has been working in the Government General Hospital' Siddipet' Despite the petitioner's ser*ority and long service from 1992 to \ I Ft\l date, the authorities placed the petitioner at Serial No.103 in the Final Seniority List dated 28.05.2025, instead of a senior position. Further, the petitioner was not provided an opportunity to upload relevant documents for promotion to the post of Deputy Nursing Superintendent For the panel year 2024 to 25. The petitioner submitted representations dated 19.06.2018 and 07 .03.2025 seeking correction of seniority and due promotion, but no action has been taken. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner vehemently argued that the petitioner's promotion has been withheld due to illegalities, irrationality, and irregularities in the preparation of the provisional seniority list. In the said list, the petitioner,s name appears at Serial No.103, which is contended to be unjust and incorrect. Considering the petitioner's seniority based on the date of appointment, she ought to have been placed higher in the seniority list. The provisional seniority list prepared by the authorities, however, the petitioner's name shows at Serial No.103, which is unlawful. To justify her claim, the petitioner submitted representations dated 19.06.2018 and 07.03.2025, as on today the authorities neither rejected nor accepted. ) I ) I -)

5. Learned counsel for the petitioner further submits that appropriate directions be issued to the respondents to consider the representations dated 19'06'2018 and 07 'o3'2025' and pass appropriate orders in accordance with law'

6. Learned Assistant Government Pleader for Services-I does not dispute for consideration of the petitioner's representations dated 19.06.2018 and O7 :03'2025' 7. 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 representations dated 19.06.2018 and 07 'o3'2025 and pass appropriate orders in accordance with law, as expeditiously as possible' preferably within a period of three (3) 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' lf any' in this Writ Petition, shall stand closed ' SD/.T.VIJAY KUMAR PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, ,u:,:[?ijti:fj;:.f,".,i,1x?1,t3fxr'#::ll]P"?335["nt'DrBRAmbedkar Koti- Women's College' I

2. rhe Directol"fJYbrl"-Tsrrttl"'3:.ir?Et'ry;[3::' 3. The commissioner, Terangana Vaidhya Vidhana parishad, SulathanBazar' (ret Koti,HYderabad' state of reransana' opp of - r

4.TheDistrictMedicalandHealthOfficer,siddipet,TelanganaState' 5. The Superintendent, Government General Hospital, Siddipet, DistrictSiddipet, Telangana State

6. One CC to SRI PRABHAKAR CHIKKUDU, Advocate lOPUCl T.TwoCCstoGPFoRSERV|CESl,HighCourtfortheStateofTelangana. IOUI soneCCtoSRlM.P.K'ADITYA,SCforTelanganaVaidyaVidanaParishad, Koti, HYderabad. [OPUCI

9. Two CD CoPies BSK HIGH COURT DATED:0710812025 CC TODAY I' t ;ri-*- SIP,T€, 1 Il]B 1 ?[25 * (\ + ORDER WP.No.23418 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ LD