Telangana High Court
WP/46647/2022 of R. Sunitha Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE T{ONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO: 46647 OF 2022 Between: R. Sunitha, D/o Venkateshwarlu, Wo Natte Sravan Kumar,
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT
THE T{ONOURABLE SRI JUSTICE E.V. VENUGOPALWRIT PETITION NO: 46647 OF 2022
Between:
R. Sunitha, D/o Venkateshwarlu, Wo Natte Sravan Kumar, Divisional Accounts Officer(Works), Grade-I, O/o Executive Engineer, Projects Division - North Zone (PD-NZ), 71hFloor, Parking Complex, Abids, GHMC, Hyderabad
...PETITIONER
ANDL The State ofTelangana, Finance Department, Telangana Secretariat, Hyderabad,represented by its Special Chief SecretaryL The State ofTelangana, Finance Department, Telangana Secretariat, Hyderabad,represented by its Special Chief Secretary
2. The Director of Works, Accounts, Finance Department, State of Telangana, Block-VII, Gruhakalpa Complex,VII, Gruhakalpa Complex,
3. E. Naveen Kumar, S/o Late Sanjeevan Reddy, Occupation - DAO (W), Grade-II, O/oExecutive Engineer, RWS lntra Division, Sanga ReddyExecutive Engineer, RWS lntra Division, Sanga Reddy
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue any appropriatc writ, order or direction one particularly one in thc nature writ ofmandamus declaring the action of the lst Respondent in issuing thc Memo No.264152/W N Admn.lll2\2l, dated 22-10-2022 and the action of the 2nd Respondent inissuing the Provisional Seniority List, vide Memo. No. DWA/TS (Hyd. i Sn.l / Admn /EC-112022-231280, dated l6-12-2022, calling for objections before 3l-12-2022, at |heinstance of the 3rd Respondent herein and 7 Others, when the Final Seniority List issuedvide Proceedings No. DWA/TS (Hyd. / Sn.l / Admn / EC-ll 2016-17/No. 61, dated03-06-2016, has become final, as no Appeal is filed against the said Seniority List, andwithout considering the Letter No. DWA/VJA lSn.llEC-1/2021-22/244, dated 08-03-2022,addressed by the Director of Works Accounts, C-Block, 3rd Floor, Anjaneya Towers,Ibrahimpatnam, Vijayawada, Government of Andhra Pradesh to the 2nd [Respondent]herein and without considering the representation daled 11-04-2022, made by the DirectRecruitces, as arbitrary, illegal and violative of Articles 14, 16 and 2l of the Constitutionof lndia, and also contrary to the Telangana State Subordinate Service Rules, l996andtheProvisions of AP Reorganisation Act, 2014 and consequently set aside the Memo [No.]264/521W N Admn.lll2021, dated 22-10-2022, issued by the l't Respondent [and ][the]Memo. No. DWA/TS (Hyd. / Sn.I / Admn / EC-l12022-231280, dated 16-12-2022, [issued]by the 2nd Respondent, and direct the Respondents to follow the [Final Seniority ][List]issued vide Proceedings No. DWA/TS [(Hyd. ]/ Sn.l / Admn / EC-l/ 2016-17lNo. [61, dated]03-06-2016 for the [purpose ]ofall the service conditions IA NO: I OF 2022
Petition undcr Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the Higlr Court may be pleased to stay all furtherproceedings, pursuant to the Merno No. 264l52lWA / Admn.lll2021, dated 22-10-2022,issued by the l" Respondent and the Mcrno. No. DWA/TS (Hyd. / Sn.I / Admn /EC-l12022-231280, dated 16-12-2022, issued by the 2nd Respondent, while directing theRespondcnts to follor.v the Final Seniority l,ist issucd vide Proceedings No. DWA/TS(Hyd. / Sn.l / Admn IEC-li 2016-17/No.(rl, dated 03-06-2016 for the purpose of all theservice conditions Counsel for the Petitioner : SRI. CHANDRAIAH SUNKARACounsel for the Respondent Nos.l and 2 : GP FOR SERVICES ICounsel for the Respondent No.3 : SRI KIRANMAYEESRI KIRANMAYEEKIRANMAYEEThe Court made the :follorving : SRI. CHANDRAIAH SUNKARA2 : GP FOR SERVICES : GP FOR SERVICES SERVICES I: SRI KIRANMAYEESRI KIRANMAYEEKIRANMAYEE:
IIONOURABLE SRI JUS'IICE E.V.VENUGOPAL
\\'RI'l' PEl'lTlON No.46647 of 2022
OR-DI]R:
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1. This writ petition is filed under Article 226 of Constitutionof lndia seeking the following relief:
2. ThF harned counsel for the [petitioner ]submitted that final seniority [list ][has ]been issued by respondent No.2 vide [proceedings]
No. DWATTS(Hyd./Sn.I/Admn/EC-l/2016-17No.6l dated03.06.2016 and stated that the said list was provisional senioritylist and it has been madc available in BMS portal i.e.,http://drvabmsts.cqs. [gov.in.]Now the respondents havecontemplated to draw the final seniority list vide MemoNo.DWA/TS(I-{yd./Sn.VAdmnlBc-l /2022-23 1280, dated 6.12.2022and submits that the impugned memo issued to draw the senior listis in contravention to the proceedings issued earlier on 03.06.2016and submits that the impugned seniority list is itlegal and therefore,seeks intervention of this Court.
3, On the other hand, learned Govemment Pleader for ServicesIV vehemcntlv submits that the writ petition is premature and thememo issued by the respondent isjust a provisional senior list andan opportunit-v was given to all the affected parties to raiseobjections if any. Without availing such opportunity for raisingobjections, the petitioner herein has filed the present writ petition ata premature stage and therefore, prays before this Court to dismissthe present writ petition.
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4. Smt. Kiranmayee, learned counsel appsaring for respondentNo.3/Caveator, submits that the rvrit petitioner has rushed to thisCourt without availing the windorv facilitated by the respondentsand has rushed to this Court only on apprehension and presumptionand therefore, seeks intervention of this Court to dismiss the writpetition in limine.
5. This Court after considering the submissions made by bothcounsel and without going into urerits of the case is inclined todismiss the present writ petition, since the aggrieved parties aregiven the facility to raise their objections before 31.12.2022 andwithout availing such opportunity, maintaining of the present writpetition at this stage is premature.
6. Accordingly, the urit petition is dismissed. No costs.
Miscellaneous applications, if any pending, shall also stand dismissed.
SD/- N. CHANDRA [SEKHAR]ASSISTANTISTRAR//TRUE COPYIISECTIONF[-ICEI{
l.One CC to [SRI. ][CHANDRAIAH ][SUNKARA ][Advocate [OPUC]]
One CC to to [[SRI. ][KIRANMAYYE ]][[KIRANMAYYE ]][[Advocate ]][OPUC]
2. One CC to to [[SRI. ][KIRANMAYYE ]][[KIRANMAYYE ]][[Advocate ]][OPUC]3.Two CCs to GP [FOR SERVICES I, High ][Court ][for ][the ][State ][of ][Telangana']Hyderabad. [OUT]3.Two CCs to GP [FOR SERVICES I, High ][Court ][for ][the ][State ][of ][Telangana']Hyderabad. [OUT]
4. Two CD [CoPies]
IIIGH COURT
EWJDATED: 30/1212022{gE STA)c(i\qIitt?4[tAfi ][?tr8]r\-ovlORDERWP.No.466.{7 of 2022WRIT PETITION IS DISMISSEDOF WITHOUT COSTS