THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

ORDER:

In this writ petition, the petitioner is seeking calling of the records relating to the impugned proceedings dated 15.05.2014 issued by the District Educational Officer, Nizamabad and to quash the same as being illegal, arbitrary, discriminatory and consequently to declare that the petitioner is entitled for notional seniority on par with others who were selected and appointed to the post of SGT in DSC-2002 selection with all consequential and attendant benefits like increments, pay fixation, promotions, etc., and to pass such other order orders in the interest of justice.

2. Brief facts of the case are that the petitioner has participated in the selection process of Secondary Grade Teacher (SGT) and had secured 829 rank. But, on the ground that she has studied outside the State of Andhra Pradesh, her case was not considered for appointment. She has challenged the same by filing O.A.No.883 of 2003 and ultimately, vide proceedings dated 06.10.2010, the petitioner was held to be eligible for appointment. It is thereafter that the petitioner was appointed to the post of SGT, however, with certain conditions that she will not claim seniority and other benefits of DSC-2002. The petitioner thereafter made a representation for notional seniority, but the same was rejected and hence, the present writ petition has been filed.

3. Learned counsel for the petitioner submitted that the appointment of the petitioner was delayed only due to the misunderstanding of the rule position by the respondents and it was only after her success in the Tribunal that she has been appointed. He submitted that for the administrative delay caused in the selection and appointment of the petitioner, the petitioner should not be made to suffer. In support of his contentions, he placed reliance upon the judgment of Hon’ble Supreme Court in the case of Sanjay Dhar Vs. Jammu & Kashmir Public Service Commission & Others, [MANU/SC/0631/2000] and also the judgment of Division Bench of this Court in W.P.No.21193 of

2017, dated 29.06.2017.

4. Learned Government Pleader, appearing for the respondents is also heard, who submitted that the petitioner can be considered for seniority only from the date of her appointment and particularly since she has accepted the conditions in the letter of appointment and the said conditions have not been challenged by the petitioner.

5. Having regard to the rival contentions and the material on record, this Court finds that the petitioner had to resort to the litigation in order to get appointment and it is not the case that there is any delay on the part of the petitioner or that the delay is attributable to the petitioner. The Tribunal has held that the petitioner is eligible to be considered for appointment and thereafter, appointment letter has been given. Therefore, the delay caused in the appointment due to the pendency of the litigation, cannot be attributed to the petitioner and as held by the Hon’ble Supreme Court and the decision of this Court cited supra, the petitioner is entitled to the notional seniority on par with other candidates who were appointed pursuant to DSC-2002 in the order of her merit.

6. The respondents are therefore, directed to consider and pass appropriate orders granting notional seniority to the petitioner with effect from the date on which the other candidates of DSC-2002 are appointed in the order of her merit i.e., rank 829. It is also made clear that she is not eligible for any monetary benefits for notional seniority and that the notional seniority shall be considered for all consequential purposes only.

7. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 13.03.2024 Note:

Issue CC by 16.03.2024 (B/o.bak)

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI Dated: 13.03.2024 bak