Tije High Court · 2025

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 an order or direction, more particularly one in the nature of writ of Mandamus, to declare the action of the 1't respondent in not promoting the petitioner to the post of Administrative officer as per seniority, on par with other identical/similarly situated persons and juniors, inspite of availability of more than 30 vacancies in trilulti Zone-ll, keeping them as vacant, is illegal, illegal, arbitrary, discriminatory, un.iust, unfair, against statutory norms, rules apart from violation of constitutional provisions and consequently direct the respondents to consider the case of the petitioner and promote him to the post of Administrative officer as per seniority in the cadre of Superintendent as was done in cases of other identical/similarly situated persons with all consequential benefits from the date on which juniors/similarly situated persons were promoted including special grade scale on completion of 6 years of service in the cadre of office superintendent under Automatic Advancement Scheme etc. 7 ,, lA NO: 1 OF 2024 Petition unde' Section i 51 cpc praying that in the circumslances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to c;onsider the case of the petitioner and promote him to the post of Administrative Officer as per seniority in the cadre of Superintenrlent and on par with other identical/s imilarly situated persons pending disposal of writ petition. Counsel for the Petitioner: SRI C. SAI REDDY Counsel for the Respondent No.1: SRI M. p. K. ADIWA (SC TVVP) Counsel for the Respondent No.2: Gp FOR MEDICAL HEALTH AND FAMILy WELFARE The Court made the following: ORDER o THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.359O9 of 2o24 ORDER: This Writ Petition is liled by the petitioner seeking the following relief: "...to issue an order or direction more particularly one in lhe nature of Wril fi'Mandamus to tleclare the action o.f the lst resporulent in not promoling the petitioner to the post of Administrative Olrtcer as per seniority on par with other identical/similarly situated persons and juniors in spite o.f awilability of more than 30 vucanties in tr,[ulti Zonc-ll. keeping them as vacant, is illegal, arbitrary' cliscriminatory unjusl unfair against stalutory norms, rules aparl .from violalion of Oonstitutional protisions and consequently <lirect tlte respon(lents b consider the case of the petitioner and prctmole him lo tha post of Administratit'e Olfcer as per seniority in the cadre o.f Superinlcndenl as tvas' done in cases of other identical/similarly silualcd person.s with all consL'qtrcnlioi henefls from thc date on w hic h .j trniot's/s imilarly situale d persons Yrere promoted including speciaL gratle scc e on complelion Qf 6 )'ears of service in the cadre o/ O/fice Superintandent tutdcr Aulomatic Advancemenl Scheme elc und to pass.. . "

2. Heard Sri C. Sai Reddy, learned counsel for the petitioner and Sri M P K Aditya, learned Standing Counsel for Telalgana Vaidya Vidhana Parishad, appearing for the respondent No' 1' l I I I I 2 ,i,l o

3. Learned counsel for the petitioner submits that the petitioner rvas appointed as a .Iunior Assistant vide proc. No. 955/tr3/DCHS/ 1993, dated 27.O5.t993 of the District Coordinator of Hospital Services, Kingkoti, Hyderabad, on compassionatr: grounds. The petitioner joined in s;ervice on

09.06.1993 atrd his services have been regula.rized ,,,ide proc. No.175lE3lDCHS/2O00, dated 26.06.2001 rv e.f. 09.OT.tgg3 and probation was also declared accordingly. Subsequently, he was promoted as a Senior Assistalt on 76.O2.t).O09 and regularization and declaration in the cadre of Senior Assistant was also cleclared vide Proc.Rc.No.42l /G l2016_ l, dated 01.05.2018 by the 1"t respondent. The petitionr.r passed Accounts Tesr for Subordinate Officers part- 1 an<1 became eligible, qualified and entitled for further promotion to the cadre of Office Superintendent and Administrative Officer. Accordingly, he u,as promoted as an Office Superintendent by the 1"t respondent vide proc.Rc.No.5O/G Zone VIi2Ol4 Il, dated 22.O5.2C.t1 8

4. Learned counsel for the petitioner further subrnits that there was no condition in the initial appointmen t of the petitioner as a .Junior Assi . ;assionate grcunds to o 3 pass Intermediate Qualification, but only condition was to pass Typewriting Lower Grade Examination in English and after a lapse of 31 years from the date of initial appointment, a show- cause notice in Rc.No.SO/Gl2014-1, dated 03.O5'2O24, stating that the 1"r respondent received certain complaints/ objections regarding academic and technical qualifications of the Ministerial Staff and as per review committee report the petitioner was not having minimum education and technical qualification of Intermediate and Typewriting English Lower Grade in terms of governing council resolution dated 30.05.1989 and directed the petitioner to submit his explanation within 15 days from the date of receipt of this notice.

5. Being aggrieved by the said show-camse notice, the petitioner approached this Court by filing Writ Petition No.1692 1 ol 2C24 and this Court granted interim suspension of operation of show-cause notice bearing Rc.No.SO/G/2014 l, dated O3.O5.2024 issued by the respondent No.1 therein.

6. Learned counsel for the respondent No. I submits that the petitioner was appointed as a Junior Assistant on O9.06' 1993 \ 4 6 :,1 on compassionate grounds, and as per the GoverninB Council Resolution da1.ed 30.05.1989, the requisite qualificati on to the post of Junior Assistant is to pass the academic qualilication of Interinediate, u,hich is mandatory and to pzrss T1'pern'riting Lower Grade Examination in Engiish within their probation period from the date of joining. But, till date the petil.ioner has not acquired the minimum educational qualifir.:ation of Intermediate 7 . Per contra, learned counsel for the petitioner sub,mits that petitioner wils appointed as a Junior Assistant on compassior-rate grounds. Subsequently, he was promoted as a Senior Assistant and the petitioner has passccl Accounts Test for Subordinate Officers Part 1 and became chgiblc, qualified and entitled for further promotion to the cadre of Office Superintendent and Administratrve Officer. As such, he was promoted as ren Office Superintendent by the 1.1 r<' spondent vide proc. Rc. No. 50 / G-Zone-YI I 20 14- 1 1, d atecl 22.O5.2O 18 and now a-fter lapse of several years, the respondents are, insisting for Intermediate qualification

8. Having considered the above submissions. with out going into the merits of the case. the oetitioner is directed r o make a i i I : I : i I I I I I I i I i i n 5 representation before the respondents as regards his passing of departmental tests and promotions etc., within a period of two weeks from the date of receipt of a copy of this order. On such representation being made by the petitioner, the respondent authorities are directed to consider the same and pass appropriate orders in accordance with the law within a period of four weeks therefrom. g. Accordingly, the Writ Petition is disposerl of' No order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shali stand closed. //TRUE COPY// SD/- AS A. SRINIVASA REDDY ANT REGISTRAR ECTION OFFICER to'', 'i*:*;ff*u.sm,l*t*epmffi: -n" co m missioner, relalsa na vqidya vlg l?+i,l3l'il3d irfllhnilt ?133i3* \ Two CD CoPies TJ BSR o HIGH COURT DATED:2710112025 I,,l E o;r' ? ( .,:j +il ,/ .l i'&s' '-") t1 \--_- ORDER WP.No.35909 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS sle a.€