WP/24380/2020 of B.Ravindra Naik Vs The District Tribal Development Officer /Nodal Officer on 31 December 2020

ORDER

This writ petition [is ][filed ][seeking the ][following ][relief:]

"...to [issue ][a ][wtit, ][order ][or direction ][more particularly]onc in lhe nature of [Writ ][of ][Mandamus declaring ][the]impngned final seniority [list ][of Hostel ][Welfare Officets]Grade-II of ersnvhile [Rangareddy ][District ][I'ide ][Memo]Rc. No.A/106/2020 dated 2l/77/2020 [as ][being ][illegal,]arbitrary, void and abinitio, contrary to [tttles ][and]violative of Articles 14, 16 and [21 ]of thc Constitutiou [of]India besides bcing opposed to all principlcs of naturaljustice rnd conscquentlv sct aside the same and holdthat the placement given to the petitioner at Sl.No.l inthe tentative seniority list of Hostel Welfare Officers oferstrvhilc Rangareddy Disrict wde Memo Rc.No.respondent is perfectly legal, valid and in order andconsequently the petitioner is entitled for promotion tothe post of Hostel Welfate Officer Grade-I inpteference to the unofficial respondents 5 and 6 with allconsequential benefits and pass such other ordet ororders as this Hon'ble Couft may deem fit and proper.', Heard Sri D.Balakishan Rao, learned counsel appearingfor the petitioner, and learned Government pleacler forServices-II appearing for the ofhcial respondenrs.It is the case of the petitioner rhat he is rvorking asHostel Welfare Officer. The respondenrs have preparedLIprovisional senioriry list and the name of the petitioner liguredat serial No.l. Since his name lvas figured ar serial No.L, thepetitioner has not liled his objections to the said provisional seniority list. Thereafter, the respondents have issued theimpugned hnal senioriry list dated Zl.ll.202}, wherein thename of the petitioner was figured at serial No.3 on theground that he has not passed the departmental examinationswithin the stipulated period.

Learned counsel appearing for the petitioner contendedthat the Public Service Commission has nor conducteddepartmental examinations. Even otherwise also, thepetitioner has passed the departmental examinations .lvithir-rthe stipulated pe riod and the respondents ought not to hzrvcaltered the position of the petitioner in the final senioriry list,Aggrieved by the impugned seniority list, the pctitioner haspreferred an appeal before the appellate authoriry on03.t2.2020, but the same is not yet disposed of. On the otherhand, the respondents are effecting promotions to the nextcadre of Hostel Welfare Officer Grade-I. Learned counselfurther contended that appropriate orders be passed in thewrit petition directing the appellate authority to dispose of theappeal preferred by the petitioner within a reasonable period.

Learned Government Pleader appearing for the officialrespondents conrended that since the appeal is pendingbefore the appellate authoritv, the appellate authoritv would consider the same and pass appropriate orders in accordancewith larv.with larv.

Having considered the rival submissions made by thelearned counsel on either side, this Writ petition can bedisposed of directing the appellate aurhoriry to dispose of theappeal preferred by the petitioner on 03.12.2020 and passappropriate orders thereon, r.vithin a periocl of four weeks fromthe date of receipt of a copy of this order. It is needless to saythat if the appeal preferred by the petitioner is allowed by theappellate authority, then the respondents shall review thepromotion in terms of the order passed by the appellateauthority.

Accordingly, the $7rit petition is disposed of. No costs.Miscellaneous petitions, if any, pending shall stand closed.

SD/.CH.VENKATESWARULUASSISTANT REGISTRAR,\\,/SECTION OFFICER

//TRUE COPY//

To,

I?S"'r:tJ::t Tribal Development officer /Nodal officer, Rangareddy District at

Conclusion

2. The District Collector (TW), Rangareddy District, Hyderabad.The District Collector (TW), Rangareddy District, Hyderabad.3. t The Commissioner of Tribal Welfare, State of Telangana, Hyderabad.rribar t The Commissioner of Tribal Welfare, State of Telangana, Hyderabad.rribar l::':[?iJiil;.%T;l:?. werrare Department, State or rerangana,

5. One CC to Sri. D. Bala Kishan Rao, Advocate tOpUCltOpUCl

6. Two CCs to Gp for Services_ll, High Court for the State of Telangana. [OUT][OUT]7. Two C.D. Copies Prk HIGH GOURT

DATED:31 [11212020]

ORDERWP. No. 24380 of 2020

Disposing of the WP.without costs.

1HEsT4 14.Uot07 JAil2021*tt:.qr!tIr.