IMPORTANT POINT
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.

ORDER :

Namavarapu Rajeshwar Rao, J.

Since the issue raised in these writ petitions is one and the same, both the writ petitions are being disposed of by this common order.

W.P.No.11306 of 2019 is filed seeking the following relief:-

“…… to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the impugned orders issued by the 3rd respondent in Rc.No.6047/2018/M2, dated 17/04/2019, wherein decided to revise the seniority of the petitioner in the cadre of Senior Assistant is illegal, arbitrary and unconstitutional and set aside the same with a consequential direction to the respondents to consider the claim of the petitioner for promotion to the post of Superintendent for the panel year 2018-19 as the petitioner passed Departmental Test Part-II Paper Code-139 in the year 2012 along with others in the SC category with all consequential benefits………”.

W.P.No.9803 of 2021 is filed seeking the following relief:-

“…….. to issue appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus by calling for the records relating to and connected with proceeding Rc.No.6047/2018/M2(ii) dt.05/04/2021 and set aside the same holding it absolutely illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of Constitution of India and in gross violation of principles of natural justice and voilative of Statutory Rules and consequently direct Respondents to grant promotion and seniority and all service benefits by treating my promotion as Senior Assistant w.e.f. 18/08/2008 ……….”.

2. For the sake of convenience, the facts in W.P.No.9803 of 2021 are discussed hereunder:-

The petitioner was appointed as a Junior Assistant on compassionate grounds on 04.10.2004. The petitioner passed the Departmental Tests for Ministerial Staff of Forest Department Part-I and II (Paper Code 107 and 125) in the year 2005 and the Accounts Test for Subordinate Officers Part-I and II in May 2007. Later, the petitioner passed the Departmental Test (139 Part-III) in 2012. The petitioner’s services as Junior Assistant were regularized, and she was later promoted to the post of a Senior Assistant, based on her seniority, on 18.08.2008. Her services were regularized as Senior Assistant vide proceedings dated 26.02.2009. After rendering more than 12 years of service as Senior Assistant and while she was due for promotion to the post of Office Superintendent, the respondents raised the issue of the petitioner’s belated passing of the departmental test (part-III). When certain juniors’ case was sought to be considered for promotion while ignoring the petitioner’s case, the petitioner made a representation to the Department and also filed W.P.No.1962 of 2019 before this Court. The said Writ Petition was disposed of vide order dated 04.02.2019 directing the respondents to consider the representation submitted by the petitioner on 19.12.2019 and pass appropriate orders in accordance with law. Pursuant thereto, the respondent authorities issued Proceedings Rc.No.6047/2018/M2 dated 17.04.2019, wherein it was stated that the petitioner passed the Departmental Test (139 Part-III) belatedly in 2012; hence, her seniority in the category of Senior Assistant will be revised. Later, the 3rd respondent issued the impugned show-cause notice dated 05.04.2021, proposing to revise the petitioner’s seniority on the ground that the petitioner has passed the departmental test belatedly and further concluding that she is guilty of suppression of fact. The said show-cause notice reads as follows:-

“Thus, Smt K. Mamatha, Senior Assistant Office of District Forest Officer, Sangareddy of Medak Circle has deliberately suppressed the facts of not passing the Departmental Tests for persons in Ministerial Service of the Forest Department Part-II Paper-III (Paper Code 139) in the year 2008 to the concerned authorities and totally misguided the authorities and taken the advantage of entries recorded erroneously In her Service Re