Equality of treatment in promotions among similarly situated employees is a fundamental right under the Constitution, emphasizing that pendency of other matters should not obstruct rightful claims.

ORDER :

Surepalli Nanda, J.

Heard Sri P. Narasimha, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 and 2.

2. The Petitioner approached this Court seeking the prayer as under :

“To issue a Writ, Order or Direction, more in the nature of Writ of Mandamus declaring that the petitioner is entitled for promotion to the post of Deputy Collector based on her seniority and eligibility with effect from the date on which she was deprived of her promotion while considering the cases of juniors vide G.O.Rt.No.162, Revenue Department, dated 3.6.2023 with all consequential benefits including seniority, pay and allowances etc., by holding the action of the respondents in not considering the just claims of the petitioner for promotion to the post of Deputy Collector while considering the case of her juniors vide G.O.Rt.No.162, dated 3.6.2023 without any justification or reasonable cause on the untenable ground of pendency of Writ Petition No.23208 of 2021 with regard to challenging the revised selection list dated 10.05.2018 is as being illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and pass such other order…”

3. The case of the petitioner, in brief, is that the petitioner was originally selected and appointed as Deputy Tahsildar during March, 2005 pursuant to Advertisement No.10/99. Subsequently, the petitioner was promoted as Tahsildar during the year 2011. The services of the petitioner were regularized and probation was also declared in the said cadre.

It is further case of the petitioner that the Petitioner was not promoted to the post of Deputy Collector on par with persons who were revised selection list published on 10.05.2018. The petitioner had challenged the said revised selection list in W.P.No.23208 of 2021 before this Hon’ble High Court and the Division Bench of this Hon’ble Court issued interim directions directing the respondents not to disturb the petitioner from the post and continue the petitioner in such post until further orders and the said Writ Petition is pending disposal. Hence, the petitioner filed the present writ petition for the promotion to the post of Tahsildar as per the petitioner’s seniority and eligibility.

4. PERUSED THE RECORD :

(A) This Court passed interim orders dated 23.04.2024 in I.A.No.1 of 2023 in the present W.P.No.18441 of 2023 in favour of the petitioner observing as under:

“Heard both sides.

Learned counsel for the petitioner submits that pursuant to the Notification No.10/99, the petitioner was appointed as Assistant Commercial Tax Officer during March, 2005. Thereafter, she was promoted to the post of Tahsildar. Thereafter, her services were regularized in the said cadre and probation was also declared. Therefore, she is entitled for further promotion to the post of Deputy Collector based on her seniority and eligibility.

While so, the Public Service Commission has again revised the selection list, published the same on 10.05.2018 and the name of the petitioner was not included in the said list to any of the post. Aggrieved by the same, petitioner approached this Court by way of W.P.No.23208 of 2021 and this Court passed interim order directing the respondents not to disturb the petitioner from the post petitioner is actually holding and continue her in such post, until further orders and the said writ petition is still pending. It is further stated that as per seniority, petitioner is entitled for promotion to the post of Deputy Collector along with others; however, the respondents are not considering her case for promotion to the said post.

It is further