Smt. K. Sreelaxmi v. 1. The State of Telangana

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 promote the Petitioner as per the seniority cum merits and issue Writ or direction preferably Writ of mandamus, declaring the action of the respondent No. 2 to 4 in not considering the petitioner even after obtaining the highest rank than the Respondent No. 7 and promoting the Respondent No. 7 in place of the Petitioner and not considering the representation dt. 23. 09. 2023 for promotion as the senior Assis,t'rrt on regular basis as arbitrary, illegal and in violation of Telangana state arrri subordinate Service Rules, 1996 (Adaptarion Rules and consequently direct lre 2nd and 3rd Respondent to rr:- fix the seniority by quashing the earlier seniority list vide proceeding vide no. A2llo7- unit Officer/NT/lMZ- lll2).2i , DI 27 . Og. 2023 along with the list €,nclosed !.A.NO:1 OF 2023 Petition Unde' I -'ction 151 cpc praying that in the r:ircumstances stated in the affidavit filed in r;.pport of the petition, the High Court m;ry be pleased to direct the 2nd ancl 3 rl Respondent to consider and the represcntation of the petitioner dt. 23. 09. 1023 for promotion as senior Assistan't on regular basis, pending disposal ol tl.r writ petition. Counsel for the Petitic,ner : SMT K.HEMALATHA Counsel for the Respc ndent Nos.1 to 6 : Gp FOR PANCHAYAT R/U AND RURAL DEVELOPMEIIT Counsel for the Resp: rrdent No.7 : SMT A.pADMA The Court made the f,rllowing ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITIONNo .34927ot20 23 o DER: Heard Smt.K. Hemalatha, learned counset appearing on beharf of the petitioner, rearned Assistant Government Pleader for panchayat Raj and Rurat Development, appearing on behalf of respondent Nos.1 to 6 and Smt.A. Padma, learned counsel appearing on behalf of respondent No.7,

2. The oe itioner t owi ief : t r led the writ Deti seek nqt he "... to promote the petitioner as per the seniority_cum_ merits and issue Writ or direction preferably Writ of Mandamus, declaring the action of the respondent Nos. 2 to 4 in not considering the petitioner even after obtaining the highest rank than the Respondent No.7 and promoting the Respondent No.7 in place of the petitioner and not considering the representation dt. 23.O9.2023 for promotion as Senior Assistant on regular basis as arbitrary, illegal and in violation of Telangana State and Subordinate Service Rules, 1996 (Adaptation Rules and consequently direct the 2nd and 3.d Respondent to re_fix the seniority by quashing the earlier seniority list vide proceeding vide No.A2l707- Unit Officer/Nf /MZ_ tI/2O22, Dt 27.O9.2023 along with the list enclosed and to pass... ". 2 SN, J \\'l' .1,1927 2023 3. The cas;e, ( 'the petitioner in brief, is that the pe1.iti,)ner has been appointc.: as lunior Assistant on 18.12.20-,'.0 After completion of :r'obation, the petitioner made ;r rep-et,;entation before the ,l't'and 3'd respondents on 04.09.2021 tor next promotion but llre 7th respondent got promotion by in'luencing the officers. 'lhe petitioner made a representa:ion dated

23.09.2023 befre the 2nd and 3'd respondents for her pl'omotion as Senior l\:; ristant as per the G.O.Ms.No.2 i9 dated 30.08.2021. l re petitioner secured 5,697 rank in th,: TSPSC Group IV scrJt ny test, whereas the 7th respondelt secured 1,25,454 rank l)-rt the respondents without following s3n ority list made the petiti: ner junior to respondent No.7. Aggri€verd by the action of the, rr:;pondent in promoting the respondent No.7 in place of the p rtitioner and not considering ther rep -e:ientation dated 23.09.i|(lil3 of the petitioner for promotion a:; Senior Assistant on rer tular basis, the petitioner approachec the Court by filing the pre ;ent writ petition.

4. The lealned Assistant Government Pleader for Panchayat Rtri and Rural Development, appearing on behalf of the respondent Nos.1 to 6 submits that ilhe writ petition coulcl be disposed of directing the reslrondent J SN. J wP 34927 2023 Nos.2 to 4 to consider the grievance of the petitioner as put-forth vide petitioner,s representation dated 23.09.2023 seeking promotion as Senior Assistant on regular basis within a reasonable period, in accordance to law.

5. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government pleader for panchayat Raj and Rural Devetopment, appearang on behalf of the respondent Nos.1 to 6.

6. Takinq into consid ration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the tearned Assistant Government Pleader for panchayat Raj and Rural Development, appearing on behalf of respondent Nos.1 to 6. (c) The fact that representation of the petitioner dated 23.O9.2O23 seeking promotion as Senior Assistant 4 SN, J w ' 1,t927 2023 on regular b;rsis had not been considered as on date by the responder'lt Nos. 2to 4. The wr lt petition is disposed of directing the respondent Nos. 2 to 4 to consider the grievanc,e of the petitioner as put forth vide petitioner's representataon dated 23.O9,11023 pertaining to non consideratiorn of the petitioner's :andidature, and giving promotion to respondent No.7 instead of petitioner, who is junior to the petitioner anrl further to consider the request of the petitioner fol promotion as Senior Assistant cln regular basis, and par;s appropriate orders within six t[6) weeks from the date of receipt of a copy of this order, in accordance to law, in conformity with principles of justice by providing an opportunity of personal hearingy to the petitioner to put forth all the pleas of the petitioner pertaining trr the subject issue before the officia! respondent Ntrs.2 to 4 herein and the respondent lNos.2 to 4 are further directed to take a decision in the subject matter, within four (4) weeks thereafter alrd duly communicate the decision to the petitioner. However, there shall be no order as to costs. -/ To SA GJP 5 wP_34r;|ij As a sequel, the miscellaneous petitions, if any pending, in the Writ petition shall also stPn SD/. P d,lclosed. .Ch. NAGABHUSHAMBA DEPUry REGISTRAR //TRUE COPYII ,="r',#rr,".* I Red Hills, Hvderabad

1. The Principal Secretary, .panchayat Raj Department, Secretariat, State of Telangana at Hyderabid. 2. !he. Engineer in Chief, panchayat Raj Engineering Department, Errmanzil, 3. The Superiniendino Engineer, (FAC) pR Region, Ranga Reddy District (Unit Officer, Multizone-it). 4. The Superintending : +19 _Llggrlive Ensineer, plR_Er ptU,lZone_ v), Natgonda District. o. I ne Execurtve Enoineer.,.pf (p.iyislo!) Devarakonda Nalgonda District. 7. Two ccs to Gp rbn pnrucrinyArRhJ AN;nunnL DEVELopMENT. Hioh Court for the State of Tetangana at Hyderabad. iouii - - " LLv,vrLr r I ' I rrvr I 8. One CC to SIMT A.PAD[/A.-Advocate_ rOprlCr '- - 9.- Qne CC to S|VT K.HEMALATHA, nav<icate fiieUcl 10. Two CD Copies 'Engineer, pR Region, Nalqonda District. C.C. TODAY -:-- = .4 iaes /l-?' i-6, J O I I iiji: 2[25 ,, \.4 r.)i I l HIGH COURT DATED:2410412025 ORDER WP.No.34927 ot 2023 DISPOSING OF THE W.P WITHOUT CCISTS. b