IN THE HIGH COURT OF TELANGANA
SUREPALLI NANDA
Jatavath Krishna – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner's background and promotion denial (Para 2 , 3) |
| 2. court identifies flaws in the reasoning for the promotion denial. (Para 4 , 8) |
| 3. arguments on arbitrary promotion denial (Para 5 , 6 , 7) |
| 4. court's directive for reconsideration (Para 9) |
| 5. writ petition allowed without costs (Para 10) |
ORDER :
Surepalli Nanda, J.
Heard Sri G. Ravi Chandra Sekhar, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services (Home), appearing on behalf of respondent Nos.1 to 3.
2. The petitioner approached the Court seeking prayer as under:
“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the Respondents in not considering the seniority of Petitioner for promotion of PCs (AR) as HCs (AR) in spite of setting aside the impugned order by 2nd Respondent as null, void, illegal, arbitrary unconstitutional and against principle of natural justice and violation of Articles 14, 19, 21 of Constitution of India and consequently memo issued by the 3rd respondent in C. No. 3768/A1/2022 dated 10-10-2022 is illegal and arbitrary, vio
Denial of promotion as arbitrary when a prior penalty is set aside; principles of natural justice require due consideration of relevant orders.
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
Relinquishment of promotion rights under service rules does not permanently bar future promotions if not explicitly stated as irrevocable.
Point of Law : In direct recruitment whose appointments have delayed without any fault on part of candidates, but due to latches on the part of the department, candidate is entitled to be ranking giv....
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.