Suresh v. The State of Telangana

Heard Sri A. Radhakrishna, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of resPondents.

2. The oetitioner filed the writ oetition seekinq the followinq relief : "... to issue a writ or order or direction more in the nature of Writ of Mandamus to declare the impugned Proc Rc' No.t217/AL/2O23 dt 3Ol08/2023 issued bv the 3'd respondent in contravention of Rules of Policy of Sub Rule 12(a) issued in G.O. Ms. No.2 SW dt 09/01/2004 R/w instructions issued in Rc. No' 173lUC-212000 dt Lg/Oz/zOOl of the 2nd respondent and set aside fhe same as illegal, unwarranted, unjust besides being violation of Articles 14 and 16 of the Constitution of india and consequently declare that the promotion order dt 2g/Ol/2OOg of the petitioner is entitled to be restored with all consequential benefits and pass ""'

3. The case oF the petitioner, in brief, is that the petitioner was appointed as Hindi Pandit Grade-I on 18'10'2002' The petitioner belongs to Schedule Caste Community' The petitioner 2 SN. J \\'l' 2()-\01 -2021 had been promoted to the post of Gr.II HM in r ilrathi Medium School vide proc. dt 2g.Ol.2OOg against Rost€r point No.2 on conversion as no femare sc candidate was avair rbre and joined as HM on 30.01.2009. The petitioner,s prorrr tion had been canceiled vide procs. dated 05.10.200g arong vv th others after nine months of the promotion to the post oF Gr. I HM in Marathi Medium School. The petitioner filed O.A. No. 1C l3B of 2009 in A P.A.r and the tribunar was preased to set aside he order dated 05.10.2009. The State Government prefer .r:d W.p. No. 8054/2010 and obtained interim suspension ;rcl later it was dismissed on 1O.OB.2O2Z. Thereafter the petir:i tner filed W.p. No. 25000 of 2O23 for implementation oF the O clers passed in O.A. No. 10938 of 2009 and it was disposed r f directing the respondents to take necessary action tor inr lementing the orders of the APAT vide Judgment dated 08.09, 023. The 3.d respondent issued the impugned show caus< notice dated 30.08.2023 to the petitioner. Aggrieved by he same, the petitioner approached the Court by filing ttr, present writ petition. 4 E DTHER co J (A) Th G ver ent E SN. J wP 2650 t 2021 letter addressed to the Se reta rv to en Gov rnm s.E e r Tel n a d Di f ool Edu a on Tel ana tat ad V' Lr.R o.1 SE II- 2 o da ed1 2 2 sex r cted re n f Madam, Sub: -School Education-Court Case-W. p. No.25000 of 2023 file by Sri Suresh, School Assistant (Hindi), ZpSS, Mudhole, Nirmal District- req uest for the promotion to the post to GHM Gr.II in the light of orders passed in W.P.No.8054/2010-Reg. Ref:- LR.Rc.No.1217/A1/2O23 date: 20.Og.2023, of Regional loint Director of School Education, Warangal. -oOo- I wish to submit that in the reference cited, the Regional loint Director of School Education, Warangal submitted that, Sri Suresh, School Assistant (Hindi), ZPSS Mudhole, Nirmal District has submittei a representation on 09.06.2023 requesting to implement the orders of Hon'ble High Court dated 10.08.2022 in W.p.No.8OS4/2OLO. In this regard, I submit that, Sri Suresh, School Assistant (Hindi) was promoted as GHM Gr.ll vide Regional Joint Director of School Education, Warangal proc.Rc.No.309/AUZ7/ADILABAD DISTRICT/zoog dt:.29.O1.2009, and he joined duty at ZPSS Marathi Medium, Mandal Tanoor. In transfer counseling held in the month of )uly 2009, he _was transferred to ZpSS U/M Basar vide RIDSE, Warangal vtde Proc. Rc. No.309/A1lZPl ADB/Og, dt: t7.o7.2009. I submit that the Regional Joint Director of School Education, Warangal has proc. Rc. No.308/41lZP/ ADB/Og, dt:03.10.2009, and the District Educational Officer, Adilabad has posted him as School Assistant (Hindi) at ZPSS individual vide reverted the 4 SN. J \\,P 26501 202i Mudhole vide Lr.No.B111302S/REV/2009, giving him any opPortunitY. dated: 05.1 1.2009 without In this Regard, the individual has approached AIAT and filed OA No.10938 of 2009 with a prayer to direct the respon'l )llts to continue the applicant as GHM Gr.ll at ZPSS Basar, Mandal Mucl cle. I Submit that the Hon'ble Tribunal passed int€ I rn orders in OA No.10938 of 2009 dated.09.10.2009 as follows: "In the mean time there shall be a direction to tle respondents to continue the applicant HM-II in their respective pla:::;". In this regard, I submit that, the Vacate pe'i i:n was filed in ApAT with Vf4A No.2280 of 2009 and the Hon'ble .1 ).AT, Hyderabad. The Hon'ble APAT has passed final orders in OA No.10938 of 2009 with V.N4.A No.2280 of 2009 & C.A No'11l2 of 2009 on l7 .O2.2OIO as follows: "In view of the above facts and circumstance:; lf the case, the impugned orders dated:03.10.2009 is:;' ed by the Regional Joint Director of School Education r:; ncelling the promotion orders issued to the applicarrl ; and the subsequent orders issued by the District Educ I i'lnal Officer posting the applicant as School Assistants are r:t aside, by leaving it open to the Regional loint Direc: r of School Education, Warangal to pass appropriate l-ders after putting the applicant on notice and by e)' lmining the representations to be submitted by the appli(. -Tts in detail Till the disposai of the representations 1l'ed by the applicants by passing speaking orders stat-l -quo of the applicants as on the date of issuance of : tl impugned orders by the Regional loint Director of Schc ll Education, Warangal i.e., 03.10.2009 shall be maintaine,l I submit that, the department has filed W.P.l c.8054 of 2010 in Hon'ble High Court with a prayer to suspend tt'( judgment of the Hon'ble APAT dated 17.O2.2OlO in O.A.No. 10938 cf :1009. The Hon'ble High Court has granted interim stay in W.P.No.B0 4 of 2010 on the orders of Hon'ble APAT. Further I Submit that, the indivldual was nformed that, the Hon'ble High Court, Hyderabad has disposed WP lJ . 8054 of 2010 on dated 10.08.2022 as follows: ;r- 5 SN. ] wP 26i01 202i "Learned counsel appearing for the 1'r respondent has contended that the Tribunal has merely set aside the cancellation order oF promotion on the ground that no notice was given to the I respondent and the Tribunal also gave liberty to the petitioners to put the 1'r respondent on notice and by examining the representations, pass appropriate orders. Therefore, there are no merits in the writ petition and the same is liable to be dismissed. Having considered the rival submission made by the learned counsel on either side. This court is of the view that the Tribunal has merely directed the petitioners to set aside the impugned cancellation order of promotion of the 1't respondent on the ground that no notice was given to the 1't respondent. The Tribunal was justified in setting aside the cancellation order of promotion as the impugned order was passed in violation of the principles of natural justice. Hence, this court is not inclined to interfere with the order passed by the Tribunal. Accordingly, the writ petition is dismissed". In this regard, I submit that, as per the guidelines issued by the Commissioner & Director of School Education, AP, Hyderabad vide Proc. Rc.No. 173/UC-2/2OO0 date: 19.02.2001 a tentative seniority list of School Assistants under ZP Management were prepared and the promotion committ6e has considered to effect medium wise promotion for 2-7 6 posts in ZP Management,26l (T/M), 13 (U/M) and 2 (M/M) in earstwhile Adilabad district by following separate rosters for promotions. The individual is shown at Sl.No.553 in the seniority list. There after he was promoted as GHM Gr.ll in (Marathi Medium) vide Regional Joint Director of School Education, Warangal vide proc. Rc. No.309/A1/ZP / ADB/ZOO9 dt:.29.01.2009. Further I submit that, as the promotion to the post of Head Master granted in the respective medium oF instruction, aggrieved there by some senior School Assistants filed appeals dt:30.01.2009 contending that they were wrongly ignored while promoting their juniors. On the ground that no orders are passed on their appeals, they have invoked the jurisdiction of the Hon'ble Tribunal by filing OA No.442t/2O09,442O/2OO9,4422/2009 & 4419/2009. The Hon'ble Tribunal passed interim orders on 18.03.2009 directing the respondents to pass appropriate orders on the representation made by the applicant on 03.02.2009 as per rules with in a period of four weeks. Further I submit that, the detailed report was submitted to the C&DSE.AP., Hyderabad seeking clarlficatlon vide LR.No.B1/ 13025/ 6 SN. J wP 26i0 t 2021 REV/2009 dr:05.05.20091 l1ying noticed that the prc lorions granted were not proper. The C&DSE, ne. nyau.ibid- o'rd e 1 <i for review of 'J ilirsE, a committee was promotions. As per the constituted for verifical ti1i.,:f,-tl" certificates, .serr )ritv ano otnei service particutars for t] committee .,ur[t"j' L" ."#[? -'J:ffit"# ,?t" ,,9,,";XL,tr committee, proposals in respect of eligible..njio.t,, for promotjons and the rist or.;uniors who were -errone-ousry pro.ot", ,,vere submitted bv the Disrri* Educationar .officer, narrr6Ji"io'rr, Regionar Joint Director of School Education, Wu.ungui. - '-"" '" _directions In this regard I su^bmit that, the then Regiona Jr:int Director of School Education, Warangat reviewed th";.o;;ii;n,: rr, issued orders promotins etisible School As,sisranrs ;.;";J;; i;:;nir ty as GHM Gr.tr duty revertinq and canceltint lt " p."rn"iPn'"o".1"r,, of ( 10) junior schoot Assistants vide o.oc. Rl.ruo. :0 ei ithi; i ei,it i r, dt : 03. 10. 2009. and requested the District eo*",i"ri"i'b-#iJi".o,,.o"o to reverr candidates as School Assistants. eosting o.Oe.!'tl th,r r.uurt"d School Assistants inctudinc ,n. "^ui,Ilol"j ", S.i*iirrirlun, ,u.u issued vrde DEo, Adia bad rr. no. a r/ i :ozslnrv/100g,"6,, iii. iii. r,, r. I submit that, in t.erms of provision in Rure-: as notified vide G'o'Ms No'10, dr.23.01.2009, ""*i,"." i"'i;"'';;:". ir is menrioned that in Marathi Medium Higi schoors,-il" ;"';i; oitn, or.,, shourd be filled with School Assistants of Marathi piJrrn''""0 )1e must come within the Zone of consideration ;r-ri.tr" "i i.,i',t., , on review of the matter and on examination_of 'rp".i"i irf*''ri,,, ld vide G.o.Ms No.9., Edn, dr.23.01. 2009 .and C.O.ms ru". rO7ia"".,'0, ed : 23.01. 2009, the C&DSEAp, Hyderabad 3r oroceedinqs issued vide proc. Rc. No.^ 173lUC-2Zzooo ii,''ig.o;.lJ0r and proc. . Rc.No.2/prc/09 date: :o-or zoos. -n**ji"g a'iri" erid orders, the l!:n. IJD:Et Warnagat has .reviewed tf," c-nrv-ir.rr ,.omotions and considered the eligible candidates fo.- p.oilotion" dLrl , reverting the Junror most School Assistants who got p.o.oi;; unrt, r Urdu lvledium 6l:r..16;-r* Medium vide p-i. - [..rv".jouuor,, p/ADB/os dr: n", .un*iL"a'i'n'"I.'' "u,r In this regard, it is. submitted that the Hon,ble l igh Court, has passert orders in wp No.8054 of 20L0;;bI ;0.il.;021as folows: "The Tribunar was JUStiFied in sefting aside the c r lceration order of promotion as the irprgne; ; passed in I]"lT"l of the principre, or nuiriii i,i#". ;*., rhis courr i,J,lj"ili,,r"o ro interfere *itn iliu-LrJ"r'-pass:J by the "io* -*" l S\. J l\P 26i0t 2021 I submit that, Sri Suresh, School Assistant (Hindi), ZPSS Mudhole, Nirmal District has submitted a representation on 09.06.2023 requesting to implement the orders of Hon'ble High Court dated 1O.O8.2022 in W.P.No.8054/20tO. In this regard a show cause notice was issued to hrm vide this office Proc. Rc.No.7217 / AL/2023, Dt:30.08.2023 as why his promotion shall not be cancelled, later the said show cause notice was cancelled vide this office Proc. Rc.No. t277 / Ar/ 2023, Dt: 19.09.2023. I submit that, the petitioner agarn filed W.P.No.25000 of 2023. The Hon'ble High Court has disposed the W.P.No.25000 of 2023 on 08.09.2023 with the following order

5. Having regard to the fact that the representations of the petitioner are pending and there is also a Court order in favour of the petitioner, this Court deems it fit and proper to direct the respondents to implement the orders of the Tribunal dated 77.02.2010 in o.A.No. 10938 0f 2009 and dispose of the representations of the petitioner. The entire exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs. In this regard it is submitted that, the petitioner is still working as School Assistant (Hindi). In order to implement the Hon'ble High Court orders, the petitioner has to be restored as GHN4 Gr.ll w.e.f. 03. 10.2009. In this regard, I submit that, the Regional Joint Director of School Education, Warangal has requested to take necessary action to impiement the order of Hon'ble APAT in OA.No. 10938 of 2009, order of Hon'ble High court dated 10.08.2022 in w.P.No.8054 of 2010 and order dated 08.09.2023 in W.P.No.25000 of 2023 to avoid legal complications. Therefore, I am herewith enclosrng a copy of the report submitted by the Regional loint Director of School Education, Warangal with a request to issue necessary orders for implement the order of Hon'ble APAT in OA.No. 10938 of 2OO9, order of Hon'ble High Court dated 10.08.2022 in W.P.No.8054 of 2010 and order dated 08.09.2023 in W.P.No.25000 of 2023 to avoid legal complications in the matter Encl:- As above. Yours fa ithfu lly. Director, School Education t 8 S,)'-- I \\, P 2()501 2021 (B). Th ve rm e nts made in the cou nter affidavat n eh lfofr ondent No.3 and in pe rticu[a r Dara Nos.1O nd 11 ar extracted hereunder: "1O. It is respectfully submttted that the Pet I oner name was also included in the seniority ltst for ll r promotion counseling to the post of Gazetted Head Maste r (ir.II which was held on 24.O9.2023., He stood at Sl.No. (;00 in the seniority list but he did not come into the zone o l)romotion.

11. It is respectfully submitted that a deli iled report has been submitted in the matter to the )irector of Schoot Education, Telangana, Hyderi bad vide Lr.Rc.No.1217 IAL/2023, Dt: 20.O9.2023 explaining the facts and requested to take necessar) action for implementation of the orders of Hon'ble I PAT Dated 17,O2.ZOLO in O.A.No.1O93a of 2OO9, I-tr n'ble High court orders dated 1O.O8.2022 in W.P.No.€:( 54 of 2010 and Hon'ble High court orders dated Oti, 19.2023 in W.P.No.25OOO of 2023. In turn the Direct( r of School Education has submitted report to the ( overnment 10.11.2023, The matter is under the eE! O[Atig!!--ef Lr.No.1312lSER.lIl-2/2023, lated : eG vern n (c). The relevant oortion of thr: order dated LO.O8.2O22 o W.P. No. 8054 of :: .O is extracted h ereu n der: "Having considered the rival submissions r ade by the learned counsel on erther side, this Court is o' lre view that the Tribunal has merely directed the petitione r ; to set aside the impugned cancellation order of promotir rr of the 1't respondent on the ground that no notice was I ven to the 1't respondent. The Tribunal was justified in se:1 ng aside the \- 9 SN. J \\,P 1650t 202 ] cancellation order of promotion as the impugned order was passed in violation of the principles of natural justice. Hence, this Court is not inclined to interfere with the order passed by the Tribunal. Accordingly, the Writ petition is dismissed. No costs.,, D. Th rti n Tr bun linO. No.l 938 20 9&C .A .No.11 O2 of 2OO9 on L7.02.20 10, 20 h r t a d AN .22 in partic ular Dara No.g i s extr cted hereund er: - "In view of lhe above facts and circumstances of the case, the impugned orders dated:03.10.2009 issued by the Regional loint Director of School Education cancelling the promotion orders issued to the applicants and the subsequent orders issued by the District Educational Officer posting the applicant as School Assistants are set aside, by leaving it open to the Regional loint Director of School Educallon, Warangal to pass appropriate orders after putting the applicant on notice and by examining the representations to be submitted by the applicants in detail. Till the disposal of the representations filed by the apDlicants by passing speaking orders status-quo of the applicants as on the date of issuance of the impugned orders by the Regional loint Director of School Education, Warangal i.e., 03.10.2009 shalt be maintained',. t0 SN. .I u'1, :6501 202 r DISCUSSION AN D CONCLUSION:- 5 The I arned counsel aoDeafln o on rehalf itio n r mainl u -forth the follo ln t bmissions:- a) The petitioner herein had approached the I ribunal by filing O.A. No. 10938 of 2009 with prayer to direct ttr respondents to continue the petitioner as HM Gr.lI at ZPSS I esara (Uf''4). MP Mudhole. The Tribunal passed interim orders i- 'f .A. No. 10938 of 2009 dated 09.10.2009 directing the rcspon( €'nts to continue the petitioner HM-II in the respective places ; rd subsequently the Tribunal passed final orders in O.A. No. I ()' -38 of 2009 with VMA No. 2280 ot 2009 & C.A. No. 1102 of 20:) on 7f .02.2070 in favour of the petitioner. b) The State Government had filed W.P. I\l l. 8054 of 2010 against the Judgment dated 77.02.2010 pas;ed in O.A. No. 10938 of 2009 in petitioner's favour and the s; rle was dismissed on 10.08.2022 stating that the tribunal was jr;tified in setting aside the cancellation order of promotion as tlt I impugned order therein was passed in violatron of the prir:iples of natural justice. i i ,: t) I I I i I i t I sN..l \&P 2650t 2023 c) The petitioner submits that the petitioner,s name was arso included in the seniority Iist at Serial No.553 for the promotion to the post of HM Gr.II but however, the petitioner,s case did not come into the zone of promotion and further a detailed report had been submitted in the matter to the Director of School Ed u catio n, Telangana State, vide Lr.Rc.No. Hyderabad requesting to take necessa ry t2l7 / A7/2O23, dated 20.09.2023 action for implementation oF the orders oF APAT dated 17.02.2010 in O.A. No.10938 of 2009 and this Court passed an order dated 70.08.2022 in W.p. No. 8054 of 2010 and an order dated 08.09.2023 in W.p. No. 25000 of 2023 and in turn the Director of School Education had submitted report to the Government vide Lr.No. 1312/SER.III_2/2023, dated 10.11.2023 and the matter is under examination since 2023 and no orders had been passed as on date. B s ont e fore id ubm slon a pDea ra nqon behalf of the petiti counsel onerco ntends en tled for he reli f as bv the oetition er rn th Dres nt writ oetition. 6 hel ar ed tan tn u nsel laci n AV r t m de n he co f idavi 12 SN,.I \\ t, l6ir.lt l0lr .1O and 11 resDondent No.3 in D a rticular (referreLtoandextracted above) contend r that the writ o ara N, l; oetition could be disoosed of directinq the r;overnmen exa[u i h e subiect issue and take a deci ion as per the reDort forwarded bv the Director of Schoc I Education to the Government vide Lr.Rc.No. 1 312lsr: r rtt-2/2023, dated 1O.11.2023 (referred to a nd extract€. above).

7. The learned counsel appearing on behalf of the petitioner does not dispute the said subnr ssion made by the learned Standing Counsei appearing o r behalf of the respondent No.3. Upon consent of learr ed counsel on record, the following order is passed

8. Takinq into consideration: (a) The aforesaid facts and circurr stances of the case, (b) The submissions of the l,: rrned counsel appearing on behalf of the petitionr: , the learned Standing Counsel appearing on behalf of r:spondent No.3 and the learned Assistant Governme I t Pleader for Services-I, appearing on behalf of responrl:nts, l3 SN.,I \\P 2650t 2021 (c) The averments made in the counter affidavit filed on behalf of the respondent No.3 and in particular para Nos.1O and 11 (referred to and extracted above), (d) The discussion and conclusion as arrived at para Nos.s to 7 of the present order. The writ net tion is dis rlosed of directin rr fhe resoondent No.1- to take into consideration the order No. 1O938 of 2OO9 in dated 17.O2. favour of the petitioner herein and the order dated s dinO 2 ssed in W.P. No. 25 t2 2 examine the reDort submitted bv the Director of School Education to the Government vide Lr.No.1312/SER III- 2 20 dated 1 .11.2O23 and ass a ro riate orders on the subiect issue within a oeriod of three (3) weeks from the date of receipt of a copv of the order, in accordance to law. in conformitv with princioles of natural iustice bv ft ra!v idin oa n nnnftrt unttvrr f ne f srl n A h AI rn .! t.r Detationer, dulv considerinq the reDresentation of the Detitioner da d 09.06.2023, seekinq imp lementation of the order dated 1O.08.2022 oassed in W.P. No. 80 5 4of 2O1O in favouLof the petitioner (referred to and extracted 14 SN. J \\ I' l6ar) I l0ll above) and dulv communicate the deci ;ion to the petition e r. However, there shall be no orde f rs to costs. As a sequel, the miscellaneous lletitions, if any pending, in the Writ Petition shall also stand ,t tsed. //TRUE COPY// ST/ K.BHAVANI SWAMY ASS ISTANT REGISTRAR G' SECTION OFFICER The Princrpal Secretary, School Education Departmen . T . S. Secretariat, Hyderabad. The Director of School Education, Government of Telar lana at Hyderabad The Regional Joint Director of School Education, Warz r cal. The District Educational Officer, Nirmal District. One CC to SRI A.RADHA KR|SHNA, Advocate [OPUC, Two CCs to GP FOR SERVICES l, High Court for the S ate of Telangana at Hyderabad IOUT] Two CD Copies /l nWU.-- To, 1 2 3 4 5 6 7 I'\,I K HIGH COURT rlC TODAy DATED:04 t}BtZOZ1 r:l-lt l: 3 i 1\, 'nirt' t l) :) PI{ Nl$ G),t 't ORDER WP.No.26S01 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS l0 d5J 3olt/x