Telangana High Court
WP/37885/2021 of Aloori Venkat Ram Vs The Chief Executive Officer on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 37885 OF 2021 Between: Aloori Venkat Ram, S/o Laxmaiah, aged about 50 years, Superintendent, O/o Mandal Parishad Development Officer, Basheerabad,
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 37885 OF 2021
Between:
Aloori Venkat Ram, S/o Laxmaiah, aged about 50 years, Superintendent, O/oMandal Parishad Development Officer, Basheerabad, Vikarabad District(1D.No1442920) ( now allotted to Zone - Vll - Jogulamba).
...PETITIONER
AND
1.The Chief Executive Officer, Zilla Praja Parishad, Rangareddy Dist.
2.The Chief Executive Officer, Zilla Praja Parishad, Mahabubnagar Dist
3.The Commissioner of Panchayat Raj and Rural Develpment - cum - Chairman,Allocation Commitee, HyderabadAllocation Commitee, Hyderabad 4The State of Telangana, rep., by its Principal Secretary, Panchayat Raj and RuralDevelopment Dept., Secretariat, Hyderabad.Development Dept., Secretariat, Hyderabad.
...RESPONDENTS
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Petition under Article 226 ot the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ Order or orders more in the nature of Wrlt of Mandamus declare theimpugned Proc.No. PR/PA/RA/ZIVISUMP/0037 dl. 2511212021 issued by the 1Strespondent allotting the petitioner to Zone - Vll-Jogulamba district is contrary to myseniority and option exercised to Zone - Vl - Vikarabad while retaining thecandidates who were [juniors ]to the petitioner by calculating or fixing seniority forallotment is clearly illegal, arbitrary, discriminatory, unjust and contrary to thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ Order or orders more in the nature of Wrlt of Mandamus declare theimpugned Proc.No. PR/PA/RA/ZIVISUMP/0037 dl. 2511212021 issued by the 1Strespondent allotting the petitioner to Zone - Vll-Jogulamba district is contrary to myseniority and option exercised to Zone - Vl - Vikarabad while retaining thecandidates who were [juniors ]to the petitioner by calculating or fixing seniority forallotment is clearly illegal, arbitrary, discriminatory, unjust and contrary to theG.O.Ms.No.317 dt.O6l1212021 and contrary to the spirit of implementation of thePresidential Order and also principle of seniority and State and Subordinate ServiceRules, and consequently declare that he is entitled to be allotted and retained inZone - Vl-Vikarabad as Superintendent per his option strictly in accordance withseniority with all consequential benefits.Presidential Order and also principle of seniority and State and Subordinate ServiceRules, and consequently declare that he is entitled to be allotted and retained inZone - Vl-Vikarabad as Superintendent per his option strictly in accordance withseniority with all consequential benefits.
HONOURAB -E SRI JUSTICE ABHINAND [KUMAR SFIAVILI]WRIT P TITION No.378[5 ][o{ ][2021]
ORDER:
Heard Sri P. Ugender Reddy, counsel for [the petitioner, ][and]leamed Governr rent Pleader [for ][Panchayat Rai ][& ][Rural Development]appearing for th, resPondents.
2. The petiti rner is working as Superintendent' [His ][grievance ][is]that while allotti lg the Districts [in ][terms ][of ][the ][presidential ][order, ][the]respondents hav : not [propetly ][considered his ][case.]
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3, Learned c lunsel appearing for [the petitioner ][contended ][that]G.O.Ms.No.317, dated 06.72.2021, [makes ][it ][very clear ][that ][the]allotment has tt be made to [the ][newly cropped ][up ][districts ][based]upon the seniot ity and certain [preferences ][rvere also ][given ][to ][the]Widows/Medic:'l exigencies/Schedule [Tribe ][candidrLtes/Schedule]Caste candidatr s/Clerical [mistakes ][etc. ][Learned counsel ][further]contended that vhen the [respondents ][have ][not ][considered ][the ][case ][of]the petitionet [t ]s Per his [senioriry ][or ][preferential ][categories ][as]mentioned in tte guidelines [uide ][G.O.Ms'No.317, ][dated ][06.12.2021,']the petitioner st bmitted [representation ]/ [appeal ][on ][27.12.2027 ][to ][the]respondents, bur so far, no [orders ][have ][been ][passed ][thereon. Learned]counsel further [,ontended ][that ][appropriate orders be ][passed ][in ][this]writ petition directing [the ][respondents ][to ][consider ][the]representation / [a ]>peal [dated ][27 ][.72.2021 ][pteferred ][by ][t ][he ][petitioner]and pass approp iate orders, [in ][accordance ][with ][lau'.]
4. Learned [( ]overnment [Pleaders ][appearing ][for ][the ][respondents]contended that [since ][the ][representation/aPPeal ][dated ][27 ]['L2'2021]
i
preferred by the petitioner is pending with the respondents, therespondents would consider the same and pass appropriate orderswithin a reasonable period.respondents would consider the same and pass appropriate orderswithin a reasonable period.
5. Having considered the rival submissions made by the learnedcounsel on either side, this Court is of the view that this writ petitioncan be disposed of directing the respondents to consider therepresentation / appeal dated 27 .72.2021 preferred by the petitioner andpass appropriate orders, in accordance with law, on or before10.01,.2022.
6. Accordingly, this ! rit Petition is disposed of. No costs.
Pending Miscellaneous Petitions, if any, shall also stand closed, SD/.M.MANJUASSISTANT REGIST
//TRUE COPY//
SECTION OFFICER
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To,
1. The Chief Executive Officer, Zilla [Praja Parishad, Rangareddy ][Dist.]
2. The Chief Executive Officer, [Zilla Praja Parishad, Mahabubnagar ][Dist]
3. The Commissioner of [Panchayat Raj and Rural Develpment ][- cum - Chairman,]Allocation Commitee, HYderabadAllocation Commitee, HYderabad
4. The Principal Secretary, Panchayat [Raj ][and Rural Developtnent ][Dept., ][State ][of]''Telangand, Principal S-ecretary, [Panchiyat ][Raj ][and ][Rural ][Development Dept ]Secretariat, Hyderabad.Secretariat, Hyderabad.
5. One CC to SRl. P UGENDER [REDDY ][Advocate ][OPUC]
6. Two CCs to GP FOR [PANCHAYAT RAJ RURAL DEV, ][High Court for ][the ][State]of Telangana at HYderabad. [OUT]of Telangana at HYderabad. [OUT]
7. One CC to SRI C. KALYAN [RAO, SC FOR ][I\ilPP, ][ZPP ][FOR ][RANGAREDDY]
DISTRICT [OPUC]
8. One CC to SRI IV.GOPAL [RAO, SC FOR ][IUPP, ][ZPP ][FOR ][MAHABUBNAGAR]
DISTRICT
9. Two CD CoPies.
10, One spare copy.
NPJBS,J{,/
HIGH COURT
DATED:31 11212)21
ORDER
WP.No.37885 c t 2021
DISPOSING OI THE WRIT PETITION
WITHOUT COS TS.
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5 [iA ]t."s-alralB i ,l!li [zi:rr]
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