Telangana High Court
WP/35002/2023 of B.Shoba Rani Vs The State of Telangana on 29 December 2023
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO:3500 2oF 2023 [ 3301 ] uage anga Between: 1 Q.S!oba- Rani, D/o. B pan.tsri,Aged about46
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO:3500 2oF 2023
Between:
1Q.S!oba- [Rani, D/o. ][B ][pan.tsri,Aged about46 ][years, ]Occ; Language [pandit]District.Grade-ll (Hindi), at MpUpS, Maisanpale, rbnOapui il""if+ Srrg',; n"jji;District.Grade-ll (Hindi), at MpUpS, Maisanpale, rbnOapui il""if+ Srrg',; n"jji;2. Sujauddin, S/oRu!19!_di1, Aged about 53 years, Occ- Lanquaoe panditGrade-ll(Hindi),at ZPHS, Mattikarjunapafiy, Munipaile Mandat, Sin"gi neddyDistrict.Grade-ll(Hindi),at ZPHS, Mattikarjunapafiy, Munipaile Mandat, Sin"gi neddyDistrict.
JPandit Grade-ti B.Narender Raiu. (HindD, S/o. B at Mal4ah, ZpnS, (f,iO"irO-ri,'Vatpaily Ag-ed about 49 years, Mandat, Occ_ LangSangauageReddy Diskict.Reddy Diskict.
4M Yadagiri, S/o. Balakistaiah, Aged about 49 years, Occ_ Language panditGrade-ll (Hindi), at ZpHS, Waddepatty, HaitrnoorJ'riii"o"r, S",,UJ nEiiiDistrict.Grade-ll (Hindi), at ZpHS, Waddepatty, HaitrnoorJ'riii"o"r, S",,UJ nEiiiDistrict.
.....PETITIONERS
AND
1 I!: _SlC!: of Tetangana., Fqp,. Oy its principal Secretary, Schoot Educationuepartment, Secretariat Buildings, Hyderabad.uepartment, Secretariat Buildings, Hyderabad.
2. The commissioner, and Director of schoor Education, saifabad, Hyderabad
3. The District Collec-tor, Sanga Reddy District.
4. The District Educational Officer, Sanga Reddy District.The District Educational Officer, Sanga Reddy District.
.....RESPONDENTS
Petition Under Articre 226 ot the constitution of rndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may bepleased to issue an appropriate writ, order of direction, preferabry one in thenature of writ of Mandamus and to decrare the action of the respondents are norconsidering the case of the petitioners for notional seniority from the date of theirbatchmates i.e- DSC-2002 who those were given appointments in the category of Language Pandit Grade-ll (Hindi) in Sanga Reddy District, the said action of therespondents is as highly illegal arbitrary, unreasonable, discriminatory and alsoin violation of principles of natural justice and also in violation of Art. 14. 16 and21 of the constitution of rndia and decrare the same as bad-in-raw andconsequently direct the respondents to consider the case of the petitioners forfixation of seniority along with their batch mates of DSC-2002 in the category offixation of seniority along with their batch mates of DSC-2002 in the category ofLanguage Pandit Grade-il (Hindi) in sanga Reddy District by foilowing theDivision bench Judgments of this Hon'ble court in w.p.No.21 193 of 2017, dt.Division bench Judgments of this Hon'ble court in w.p.No.21 193 of 2017, dt.291612017 by following the same in w.p.No.14941 ot 2014, dated 1317t2022, andalso following the same the singre Judge arso passed same orders inalso following the same the singre Judge arso passed same orders inw.P.No.39041 of 2022 dared 26t10t2022 by following the same the petitionersare seeking the same orders by way of passing final orders on the representationare seeking the same orders by way of passing final orders on the representationd1.1610212023 which is pending with 1.t respondent.I.A.NO:1 OF 2023I.A.NO:1 OF 2023
Petition Under section 1s'l cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased toin the affidavit filed in support of the petition, the High court may be pleased todirect the respondents to consider the case of the petitioners for fixation ofseniority along with their batch mates of DSc-2002 in the category of LanguagePandit Grade-]| (Hindi) in sanga Reddy District by following the Division benchJudgments of this Hon'ble court in w.p.No.21193 of 2017, dated 29-06-2017 byfollowing the same in w.p.No.14941 of 2014, dated 'r3-z-2022, and arsofollowing the same the singre Judge arso passed same orders in w.p.No.39041of 2022 daled 26-10-2022 by torowing the sam6 the petitioners are seeking thesame orders by way of passing final orders on the representation dated1610212023 which is pending with 1"t respondent, pending disposar of the abovewrit petition.writ petition.
Counsel for the Petitioners : SRI C.RAJA SEKHAR REDDY
Counsel for the Respondents : Gp FOR SERVICES- I
The Court made the foltowing ORDER
I\
THE HONOURABLE [SRI ][JUSTICE ][PULLA ][KARTHIK]
WRIT[PETITIO][N ][No.35oo][2 ][0F ][2023]
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ORDER:
This Writ [Petition under ][Article ][226 ][of ][tlrre ][Constitution ][of ][lndia ][is]
hied seeking [the ][following ][relief:]
"...to issue [an ][appropriate ][Writ' ][Order ][of direction' ][pref€rabty]one in the [nature ][of ][Writ ][of ][Mandamus ][and to ][declare ][the action ][of]the respondents [are ][not ][considering the ][case ][oI the ][petitioners for]notional seniority [from the ][date ][of ][their ][batchmates i ][e ][DSC-2002]who those [were ][given ][appointments ][in ][the ][category ][of ][Language]Pandit Grade-tl [(Hindi) ][in ][Sanga Reddy ][District' ][the ][said ][action ][of ][the]respondents [is as highly illegal arbitrary' ][unreasonable']discriminatory [and ][also ][in ][violation ][of ][principles ][of natural ][justice]and also in [violation of ][Art ][14, ][16 ][& ][21 ][of the Constitutron of lndia]and declare [the ][same ][as ][bad-in-law ][and ][consequently ][direct ][the]respondents [to ][consider ][the ][case ][of ][the ][petitioners ][for ][hxation ][of]seniority [along ][with ][their ][batch ][mates ][of ][DSC-2O02 ][in ][the ][category ][o[]Language [Pandit ][Grade-II (Hindi) ][in ][Sanga Reddy ][District ][by]following [the ][Division ][bench Judgments ][of ][this ][Honble Court in]W.P.No. [21 ][193 ][of ][2OL7 ][, dt ][29-6-2017 ][by ][following ][the ][same ][in]W.P.No. 14941 [of ][2014, ][dL' ][l3-7 ][-2022' and ][also ][following ][the ][same]the single [Judge ][also ][passed same ][orders ][in ][W ][P ][No 390al ][of 2022]dt. 26-10-2022 [by ][following ][the ][same ][the petitioners ][are seeking the]same orders [by ][way ][ot ][passing ][frnal ][orders ][on ][the ][representation]dt.16-O2-2O23 [which is ][pending ][with ][1st ][respondent and ][to pass.""]
2. Heard Sri [C]Raja Shekar [Reddy, ][learned counsel appearing ][for ]Pleader for [Services-I,]the petitioners [and ][Iearned ][Government]appearing [for ][respondent ][Nos' ][1 ][to ][4']
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PK,]wp_35002_2023
3. l-earned counsel appearing for the petitioners submitted that thesubject matter in the present writ petition is squarely covered by theorder of this Court, dated 26.10.2022, in W.P.No.39041 of 2O22, andprayed this Court to pass a similar order in the present writ petitionalso.
4. Learned Government Pleader for Services-I has not disputed theaforesaid submission of the learned counsel for the petitioner.
5. Having regard to the submissions made by the respective partiesand for the reasons aiike in the order, dated 26.10.2022, inW.P.No.39O41 of 2022, the Writ Petition is disposed of with a directionto the 1st respondent to consider the representation of the petitioners,daLed 16.02.2023, and pass appropriate orders thereon in accordancewith law and in terms of the orders of this Court in W.P.No.21193 of2Ol7 and W.P.No. 14941 ot 2014, dated 29.06.2O17 and 13.07.2022respectively, as expeditiously as possible, preferably within a period ofsix (06) weeks from the date of receipt of a copy of this order.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.
SD/- T.JAYASREE t
ASSTSTANT REGTS/RAR fSECTIONKFFICERfSECTIONKFFICER
//TRUE COPY//
To1The Principal Secretary, School Education Department, Secretariat Buildings,State of Telangana at Hyderabad.1The Principal Secretary, School Education Department, Secretariat Buildings,State of Telangana at Hyderabad.2The Commissioner, and Direcior of School Education, Saifabad, Hyderabad.3The District Collector, Sanga Reddy District.4The District Educational OFicer, Sahga Reddy District.5Two CCs to GP FOR SERVICES- l, High Court for the State of Telangana atHyderabad [OUT]3The District Collector, Sanga Reddy District.4The District Educational OFicer, Sahga Reddy District.5Two CCs to GP FOR SERVICES- l, High Court for the State of Telangana atHyderabad [OUT]6One CC to Sri C.Raja Sekhar Reddy, Advocate [OpUCl7.Two CD Copies7.Two CD Copies SAnCourt l!,(Y1sgns-_ryi!! in WP.No.39041 ot [a ][c-opJ-of ]ZO22l[the ][order, ][dated ][26-1o-2022, ][passed by rhis]
.f
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HIGH COURT
DATED:2911212023
ORDERWP.No.35002 ot 2023
DISPOSING OF THE W.P
WITHOUT COSTS.
it"7
1HE [SI4]14:)e-Co0 4 iAil zt202{*.'lP4Tc\{=O[*]
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HONOURABLE SRI JUSICE N.V.SHRAVAN KUMARWRIT PETITION No. 39041 of 2022
ORDER:
1) Heard learned counse[ for the petitioners and theGovernment Pteader for Services-l for the respondents. With theconsent of both the parties, the writ petition is being taken upfor disposa[ at the admission stagb itsetf.
7) The present writ petition is fited seeking issuance of writof mandamus to dectare the action of the respondents in notconsidering the case of the petitioners for notional seniorityfrom the date of their batch mates i.e., DSC-ZOOZ, who weregiven appointments in the category of Language pandit Grade-ll(Hindi) in Medak and Sanga Reddy Districts, as ittegat, arbitrary,unreasonable, discriminatory and also violation of principtes ofnatura[ justice and consequently to direct the respondents toconsider the case of the petitioners for fixation of the seniorityon par with their batch mates of DSC-2002 by fottowing thejudgments of Division Bench of this Court in W.p.No.21193 of2017, dated 29.M.2017 and W.P.No.14941 of 2014, dated13.07.2022.
3) Learned counsel for the petitioners has submitted that therepresentation, dated 04.Og.ZOZZ made by the petitioners torespondent No.2, who is the appetlate authority, is pending andhe fited a copy of the said representation atong with a memo. rtis also submitted that the present writ petition is sguaretycovered by the orders passed by this Court in W.p.No.21193 of2017, dated 29.06.2011and W.P.No.14941 of 2014, dated13.07.202?.4l The Government pleader for Services-l has submitted thatan appropriate order may be passed in terms of the orderspassed in W.p.No.21193 of 2017, dated 29.06.2017 and:,"#:l_li"i".11 I:: ffi :::*"#,1',",, .,
5) Without going into the merits.of the case and havingregard to the facts and circumstances of the case, respondentNo.2 is dire<ted to dispose of the representation, dated04.08.2022 made by the petitioners for consideration of theirseniority on par with their batch mates of DSC_2022, in terms ofthe orders passed in W.p.No.2l193 of 2017, dated 29.06.2017and W.P.No.14941 of 2014, dated 13.07.2022, as expeditiousty
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as possibte, preferably within a period of six (06) weeks fromthe date of receipt of a copy of this order.
6) With the above direction, the Writ petition is disposed of.No order as to costs.
Miscetlaneous apptication,if any pending, shatt standctosed.ctosed.
26.10.2022gkv
N.V.SHRAVAN KUMAR, J
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