ORDER:

This Writ Petition is filed by the petitioner seeking the following relief:

“…to issue a Writ or order or direction, more particularly a Writ of Mandamus declaring the action of the first respondent in rejecting the request of the petitioner through proceedings Rc.No.655/E1B/2018 831 dated 28.08.2019 for grant of notional seniority and promotion in the category of Civil Surgeon Specialist/Civil Surgeon (DTBCO) on par with her juniors who were promoted in the panel year 2016-17 as illegal, arbitrary, and violate Article 14 and 16 of the Constitution of India and consequentially direct the first and second respondents to grant notional seniority and promotion to the petitioner in the category of Civil Surgeon Specialist/Civil Surgeon (DTBCO) on par with her juniors who were promoted in the panel year 2016-17 after setting aside the proceedings Rc.No.655/E1B/2018 831 dated 28.08.2019 of the first respondent with all consequential benefits like payment of salary, grant of increments, further promotion etc…”

2. Heard Sri PVSSS Rama Rao, learned counsel appearing for the petitioner and perused the counter-affidavit filed by the

1st respondent.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Civil Assistant Surgeon through Public Service Commission on 05.05.1999, and regularized her services in the said post w.e.f. 05.05.1999. As per the seniority list of Civil Assistant Surgeons working under the control of the first respondent dated 04.05.2017, the petitioner’s name stands at serial No.195, and she is fully qualified and eligible for promotion to the posts mentioned in category 3(c) and (e) of class A of the Statutory Rules i.e. Civil Surgeon Specialist (CSS) and District T.B. Control Officers.

4. Learned counsel for the petitioner further submits that the petitioner made representations on 22.12.2018 and 26.06.2019 to the first respondent about her promotion on par with her juniors for the panel year 2016-17, and in the said representations, she alleged that six persons were promoted to the post of District T.B. Control Officers, out of which only Dr. G. Rajeswari and Dr. D. Chala Devi were seniors to the petitioners. In contrast, others, i.e. Dr. P.S.S. Malikarjun, Dr. K.V. Ravinder Reddy, Dr. V. Subba Rao and Dr. C. Sumalatha, were juniors to her as they were appointed as Civil Assistant Surgeons after the year 2000.

5. Learned counsel for the petitioner further submits that the said juniors have not figured in the seniority list prepared by the first respondent dated 04.05.2017, as the 1st respondent had prepared the said seniority list only for the persons who were appointed to the post of Civil Assistant Surgeons till the year 2000. He further contended that despite being fully qualified and eligible for promotion, being a senior to the said individuals, the petitioner’s case was not considered for promotion by the 2nd respondent for the panel year 2016-17 vide G.O.Rt.No.856 Health, Medical and Family Welfare (B1)

Department, dated 09.10.2017.

6. Learned counsel for the petitioner further submits that pursuant to the above, the petitioner made a representation dated 12.10.2017 to the 2nd respondent for promotion on par with the petitioner’s juniors. On such representation, the petitioner was promoted as Civil Surgeon (DTBCO) in the panel year 2017-18. Later, the petitioner made representations to the 1st respondent for the petitioner’s promotion on par with her juniors for the panel year 2016-17 by granting notional promotion, vide representations dated 22.12.2018 and 26.06.2019. However, the respondent authorities rejected her application vide the impugned proceedings, dated 28.08.2019, on the ground that the petitioner had not submitted Annual Confidential Reports and other documents. It was further informed that the 3rd respondent Joint Director (T.B.) I/C Director State T.B.Dem. & Trg. Centre, Hyderabad, had informed all the Doctors working under his control including the pet