Telangana High Court
WP/35005/2023 of M.Srinivas Vs The Regional Joint Director of Intermediate Education on 29 December 2023
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 35005 OF 2023 [ 3301 ] Chemistry, Between: M.Srinivas, S/o. Laxmaiah, aged about 49
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEIVBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 35005 OF 2023
Between:
M.Srinivas, S/o. Laxmaiah, aged about 49 years, Lecturer inChemistry,Government Junior College, Kamareddy, Kamareddy District.Government Junior College, Kamareddy, Kamareddy District.
...PETITIONER
AND
1The Regional Joint Director of lntermediate Education, Warangal.
2The Commissioner, lntermediate Education, State of Telangana, Nampally,Hyderabad.Hyderabad.
3State of Telangana, rep., by its Principal Secretary to Government, HigherEducation Department, Secretariat, Hyderabad.Education Department, Secretariat, Hyderabad.
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in thecircurrrstances stated in the affidavit filed therewith, the High Court may bepleast-'d to issue a Writ, order or direction more particularly one in the nature ofWrit rrf Mandamus declaring that the petitioner is entrtled for reckoning hisseniority in the category of Junior Lecturers in Government Junior Colleges on parwith his batch-mates appointed pursuant to Notification No. 4/2001 issued by theAPPS;C in terms of Rule 33 (b) of the T.S. State and Subordinate Service Rules,Writ rrf Mandamus declaring that the petitioner is entrtled for reckoning hisseniority in the category of Junior Lecturers in Government Junior Colleges on parwith his batch-mates appointed pursuant to Notification No. 4/2001 issued by theAPPS;C in terms of Rule 33 (b) of the T.S. State and Subordinate Service Rules,and also the law on the subject and consequently entitled for promotion to the postof Principal of Government Junior Colleges with all consequential benefits byholdirrg the action of the respondents in counting the seniority of the petitioner inthe crtegory of Junior Lecturer from the date of his appointment on 11-7-20'1 8,witho rt extending the benefit of Rule 33 (b) of the State and Subordinate ServiceRules to the petitioner even though his appointment was delayed for no fault ofof Principal of Government Junior Colleges with all consequential benefits byholdirrg the action of the respondents in counting the seniority of the petitioner inthe crtegory of Junior Lecturer from the date of his appointment on 11-7-20'1 8,witho rt extending the benefit of Rule 33 (b) of the State and Subordinate ServiceRules to the petitioner even though his appointment was delayed for no fault of him is; as illegal, arbitrary, unjust and violatrve of Articles 14, 16 and 21 of theConstitution of lndia.
lA NC): 1 OF 2023
Petition under section 151 cpc praying that in the circumstances stated inthe alfidavit filed in support of the petition, the High court may be pleased to directthe re'spondents to consider the case of the petitioner for fixation of his seniority inthe category of Junior Lecturer on par with his batch-mates appointed pursuant tothe alfidavit filed in support of the petition, the High court may be pleased to directthe re'spondents to consider the case of the petitioner for fixation of his seniority inthe category of Junior Lecturer on par with his batch-mates appointed pursuant toNotifir:;ation No. 4/200'1 issued by the Appsc in terms of Rute 33 (b) of the stateand s;ubordinate service Rules and also based on the law on the subject, pendingdisposal of the above Writ Petition.disposal of the above Writ Petition.
Counsel for the Petitioner: SRI D BALA KISHAN RAO
Counsel for the Respondents: Gp FOR SERVICES I
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.35OO 5 0F 2023
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ORDER:
This writ [petition ]under Article 226 of the constitution of India isfiled seeking the following relief:
"...to issue an appropriate Writ, order or direction moreparticularly one in the nature oI Writ of Mandamus declaring that thepetitioner is entitled for reckoning his seniority in the category olJunior l,ecturers in Government Junior Colleges on par with his batchmates appointed pursuant to Notification No. 4/2001 issued by theAPPSC in terms of Rule 33 (b) oi the T.S. State of Subordinate ServiccRules, and also the lalv on the subject and conscquently entitled forpromotion to the post of principal o[ government Junior Colleges withall consequential benefits by holding the action of the respondents incounting the seniority of the petitioner in the category of Juniorkcturer from the date of his appointment on 1l_7 2olg, withoutextending the benelit ot Rule 33 (b) of the State and SubordrnateServices Rules to the petitioner even though his appointment wasdelayed for no far-ilt oi him is as illegal, arbitrary, unjust and violative ofnrticles 14, l6 and 2l of the Constrtution of lndia and pass...,,
2. Heard Sri D. Batakishan Rao, learned counsel appearing Ibr thepetltioners and learned Government pleadcr for Services_I, appearing forrespondent Nos.1 to 3
3. Learned counsel appearing for the petitioner submitted thatpursuant to the Notifical.ion No.4 of 2OO l, issued by thc then AppSC, thepetitior-rer has applied for the post ol Junior Lecturer in Chemistry andparticipated in the serection process and sccurcd 169.5 marks, which ismore than the cut_off marks (1 35 marks). IJorvever, out o[ the 16 posts l:ssoos-zP.K *p which rvere notified, the respondents [have ][selected ][only ][15 ][candidates']and the vacancy earmarked [lor Visually ][Handicapped was ][not ][filled' ][It ][is]further submitted [that the ][petitioner ][as ][Visually ][Handicapped ][with ][40%]visual disability and he [is ][lully ][eligible ][and qualihed ][to ][be selected ][for ][the]said post. However, [the respondents ][have ][not ][selected ][him' ][Finally' ][after]before [thc ][Judicial ][Bodies, ][thc ][respondents ][have]prolonged litigations the [petitioner ][as ][Junior ][Lecturer ][in ][Government ][Junior ][College]appointed in the posts reserved [to ][be hlied ][by ][direct recruitment ][in ][Zone ][YI ][uide]proceedingsRc.No.1ll [07 ]lc2l2ol2, [dated ][11'07 ][2018, ][and he ][has]joined dutyon 12.07 .2018, and [his ][probation ][was ][declared ][w ][e ][f ]'ll.O7.2O2O uide [proceedings ][Rc.No.2825 ]lC2l2O2l, [dated ][18'O4 ][2022]
4. ttisfurthersubmittedthattherespondentsarecountingtheseniority of the [petitioner ][from ][the ][date ][of his ][appointment ][on]11.O7 .2OL8. However, [the petitioner ][is ][entitled for ][count of ][seniority ][on]with the candidates [-who ][were ][appointed ][to the ][said post ][pursuant ][to]par Notification No.4 [of ][20o1, ][since ][his ][appointment was ][delayed ][only due ][to]the prolonged [litigations and ][delay ][on ][part ][of the ][respondents ][in ][issuing]the appointment [orders. ][Hence, ][the ][action ][of the ][respondents ][in ][not]his [seniority on par ][with the ][candidates appointed ][pursuant ][to]counLing Notification No.4 [of ][2001 is ][totally contrary ][to ][Rule 33(b) ][of ][the ][Telangana]State and [Subordinate ][Service ][Rules, ][1996, ][and ][also ][the ][law ][on ][the]subject. At this [juncture, ][Iearned ][counsel ][for ][the ][petitioner ][sought]ol this [Court ][to ][submit ][a ][representation ][to ][the ][respondents]permission seeking [counL ][of ][seniority ][of ][the petitioner ][on par ][with ][the candidates ][who]
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were appointed pursuant to Notification No.4 of 200 1 and prayea tfrisCourt to pass necessary orders in the present writ petition.Court to pass necessary orders in the present writ petition.
5. Learned Government pleader for Services-l submitted that therespondents will consider and dispose of the representation of thepetitioncr, as and when the same is received by the respondents.
6. Having regard to the rival submissions made by the respectiveparties and without going into merits of the case, the writ petition isdisposed of permitting the peti[ioner to ventilate his grievance bysubmitting a representation to the respondents within a period of tu,o (02)weeks from the date of receipt of a copy of this order. on receipt of suchreprcsentation from the petitioner, the respondents are directed toconsider the same and pass appropriate orders thereon in terms of Rule33(b) oi the Telangana state and Subordinate Service Rules, 1996, asexpeditiously as possible, preferably within a period of eight (0g) weeksthereof and communicate the same to the petitioner.
Miscellaneous applications, if any, pending in this writ petition,shall stand closed. No costs.shall stand closed. No costs.
SD/-V. KAVITHAASSISTANT REGI?TRAR//TRUE COPY//t,'SECTION OFFICER
To,1. The Regional Joint Director of lntermediate Education, Warangal.2, The Commissioner, lntermediate Education, State of Telangana, Nampally,Hyderabad.1. The Regional Joint Director of lntermediate Education, Warangal.2, The Commissioner, lntermediate Education, State of Telangana, Nampally,Hyderabad.3. The Principal Secretary to Government, State of Telangana, Higher EducationDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
4. One CC to Sri D. Bala Kishan Rao, Advocate [OPUC]
[OPUC]5. Two CCs to GP for Services l, High Court for the State of Telangana, atHyderabad [OUT]Hyderabad [OUT]6. Two CD Copies TJBS
HIGH COURT
DATED:2911212023
ORDER
WP.No.35005 of 2023
1y4aE 4TG(Jzo,J1 ? [JAll]2024C)tjl)L.qoA1
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS.
N^I1i)[>y]