fi/ohd. Sirajuddin v. 1. The State of Telangana

Director General, Telangana State Disaster Response and Fire Services, Nanakramguda, Financial District, Hyderabad -500 032

3. Regional Fire Officer, Central Region, O/o Director General, Telangana State Disaster Response and Fire Services, Nanakramguda, Financial District, Hyderabad - 500 032

4. District Fire Officer, Karimnagar Division, Karimnagar District. 5. J. Pavan Kumar, Leading Fireman, Fire Station, Vemulawada, Rajanna Sircilla District.

6. K. Muneendra Chary, Leading Fireman, Fire Station, Vemulawada, Rajanna Sircilla District.

7. k. Kumaraswamy, Leading Fireman, Fire Station, Jagityal, Jagityal District 8. U. Anjaneyulu, Leading Fireman Fire Station, Metpally, Karimnagar District.

9. R. Ashok, Leading Fireman fire Station, Manthani, Peddapalli District Respondents Nos.S to 9 are not necessary Parties to this W.A. as only notional seniority is on par with unofficial Respondent ..RESPONDENTS lA NO: 1 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 official Respondents to consider the case of the petitioner for promotion to the post of Leading Fireman by assigning seniority from the date of his initial appointment as Foreman as was done in the case of persons, who were appointed subsequent to him and on that basis consider his case for promotion to the post of Station Fire Officer, pending disposal of the W.A. Counse! for the Appellant: SRI RAVI KONDAVEETI, REPRESENTING SRI KIRTHI TEJA KONDAVEETI Counsel for the Respondent Nos.1 to 4: SRI B. KRISHNA, GP FOR HOME Counsel for the Respondent Nos.S to 9:--- The Court Delivered the following: JUDGMENT THE IION'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON'BLE SRI JUSTICE G.M.MOHII'DDIN WRIT APPEAL No.1315 of 2O25 JUDGMENT: Heard Mr. Ravi Kondaveeti, learned counsel representing Ms. Kirthi Teja Kondaveeti, learned counsel appearing for the appellant and Mr. B.Krishna, learned Government Pleader for Services (Home) appearing for respondent Nos.1 to 4.

2. Writ petitioner is aggrieved by the impugned order dated

25.07.2025 passed in W.P.No.68B of 2Ol7 as^ the learned writ Court without deciding the grievance raised by the writ petitioner has disposed of the sarn.e on the ground that writ petitioner was promoted as Leading Fireman pursuant to the interim order dated

05.01.2OL7. The writ petitioner had prayed for declaring the action of the respond.ents in not final izing the seniority in the cadre of'Fireman and not effecting promotions on the basis of the t / date of the initial appointment to the post of Leading Fireman on par with persons who were initially appointed as Fireman as arbitrary and illegal. According to the petitioner, he was entitled for promotion to the post of Leading Fireman at par with persons l : I { i I I t I t I I i i i i i ! : I { I ) 2 who were appointed subsequent to him as Firemen from the date of their promotion. Petitioner had based his case on the assertion that the respondents were effecting promotions to the post of Leading Fireman based on provisional seniority list without finalising the seniority list in the cad.re of Fireman. Though petitioner was appointed as Fireman on o1.12.lggi but his senioritSr was counted from the date of his transfer from Adilabad District to Karimnagar District and it was not a request transfer. As petitioner lost seniority on that count, his claim for promotion to Leading Fireman was delayed whereas similarly situated persons or juniors to him were getting promoted.

3. Learned counsel for the appellant submits that instead of deciding the cause of action on merits, the learned 'vyrit Court disposed of the writ petition only after taking note that the petitioner was promoted to the post of Leading Fireman against Roster No.49 to fill the existing vac€rncy in view of the interim order dated 05.01.2oL7. Therefore, the matter may be remanded to the learned writ Court for fresh consideration. II

4. Learned Government Pleader for the respondent-State is not in a position to dispute the contention advanced. by the petitioner that the main grievance of the petitioner remained unredressed. 3

5. We have gone through the pleadings on record and also perused the impugned order. It is apparent that the writ petition was disposed of only on the basis that promotion was effected in favour of the petitioner in view of the interim order dated

05.0t.2O17. The question of reckoning of seniority from initial date of appointment raised in the writ petition was not decided. Therefore, the matter deserves to be remitted to the learned writ Court for deciding it afresh.

6. The impugned order is, accordingly, set aside and the Writ Appeal is allowed. However, there shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. \ \ /TRUE COPY/ To,

1. The Principal Secretary, Home Department, of Telangana, Hyderabad SD/.K.SRINIVASA RAO JOINT REGIS OFFICER ings, The State

3. Director General, Telangana State Disaster Response-and Fire Services, Nanakramguda, Financi-al District, Hyderabad -500 032 Regional Fire Officer, Certral Region, O/o Director General, Telalga.na,State Disister Response and Fire Services, Nanakramguda, Financial District, .4. Disirict Fire Officer, Karimnagar Division, Karimnagar District.

5. 6 One CC to Sri KirthiTeja Kondaveeti, Advocate IOPUC] Two CCs to GP for Home, High court for the state of Telangana, at Hyderabad [OUT]

7. Two CD Copies (* TJ LS : ', r r' / HIGH COURT DATE D:2511112025 JUDGMENT WA.No.1315 ot 2025 l rrE $ l.q U I I 1 EEr 1h * fr.1-f i. , ,'-tt * ALLOWING THE WRIT APPEAL WITHOUT COSTS (A- % \1/ $ 1