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2024 Supreme(Online)(Telangana) 47139
[ 3301 ]
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 4663 OF 2024
Beturee n:
1. K. Srikanth, S/o.Laxmaiah, Aged about 49 years, Occ; Lab Technician Gr-ll
(SRRIT and CD) Govt., Fever Hospital, Nallakunta, Hydeabad, R/o H.No.F-
'l 18, Road 9, Sd Srinivasapuram Colony, Vanasthalipuram, Hyderabad.
2. K. Shiva Shankar, S/o Krishnaiah, Aged about 52 years, Occ ; Lab
Technician Gr-ll, PHC Kottur, Ranga Reddy District, Rl/o.H.No.F-402,
Sainivas, Dwarkanagar Colony, Hasthinapur, Hyderabad.
3. A. Chandrashekal, Slo A. Balaswamy, Aged about 50 years, Occ ; Lab
Technician Gr-ll, O/o DM and HO, Hyderabad, Rt/o.10-156, Nagarkurnool.
4. P. Vrlay Bhasker, S/o P. Sathamaiah, Aged about 50 years, Occ ; Lab
Technician Gr-ll, O/o District Medicaland Health Office, Hyderabad, R/o Plot
No.37, PMR Law College, Chintalkunta, Hyderabad.
..,..PETITIONERS
ANO
1. The Director of Public Health and Family Welfare, Telangana State,
Hyderabad.
2. The State of Telangana, rep., by its, Princip-al Secretary, Health, Medical and
Family Welfare Dept., Telangana State, Hyderabad.
3. P- Harinath, Lab Technician, PHC Saroor Nagar, Ranga Reddy
4. Smt. Krishna Kumari, Lab Technician, Osmania Medical College, Hyderabad.
5. B. Shakuntala, Lab Technician Grll, O/o DM and HO, Hyderabad.
.....RESPONDENTS
Petitibri Under Artble 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ, order or direction more particularly one in
the nature of Writ of mandamus, to declare the action of Respondents in not
finalizing the objections raised by the Petitioners against the provisional seniority
list of LT's Gr-ll dated 12-12-2022 and placing the unofficial respondents who are
initially unqualified and qualified beyond the period of their probation, by placing
them over and above the Petitioners as illegal, arbitrary, discriminatory and
violative of Articles 14 and 16 of Constitution of lndia and consequently, direct
the Respondents to consider the case of the Petitioners for promotion to the post
of Lab Technician Gr-1, in preference to those unqualified persons and qualified
beyond the period of probation by considering their objections to the provisional
seniority list dated 12-.12-2022, in accordance with Rules, more particularly Rule
16(e) and 16(h) of TS SSS Rules, 1996 and by finalizing the seniority tist in
accordance with rules.
I.ANO:1 oF 2024
petition Under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the Respondents to consider the case of the Petitioner for promotion to the
post of Lab Technician Gr-|, in preference to those unqualified Lab Technicians
who qualified beyond the period of their probation, by finalizing the objections
raised by the Petitioners against provisional seniority lisl dl. '12.12.2022, in
accordance with Rules, more particularly as per Rule 1 6 and 16(h) of TS SSS
Rules, 1996 pending disposal of the above writ petition.
Counsel for the Petitioners : M/s N.SAMEENA
Counsel for the Respondent Nos.1 & 2 : GP FOR SER\r1CES - ll
Counsel for the Respondent Nos.3 to 5 : --
The Court made the following ORDER
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.4663 0F 20/24
ORDER
This Writ Petition is filed under Article 226 of t I Constitution of India seeking the following reliet ".. .to tssue an appropiate writ, ord_er or direction more _ parttcularlg one tn the nature of Wnt of mandamus, to declare the action of Respond.ents in not finali.zing the objections raised by tLte petitioners a-gainst th.e prouisional senioity tist of LT,s Gr_II dt. 12.12.2022 and placing he uiolficial respond.ents wtto are initiallg unqualified. and. qi-atifted begond. tlte period of tlteir probation, by plaiing- th.em ouer and 1?ou7 the petitioners -ri iltlgat, arbitrary, discriminatory and uiolatiue of Articds i+ ana lO"i1 Constihttion of India and consequertlg, d.irect the respondents to consider the case oj ttn p.titioners for promotion to the post of Lab iechnician Gr_l, in preference to ttase unquatified persons and. quatified.
beyond the period of proiatioi by consiilering th.eir objections to tLE prouisioni senioity lisf dt. 12.12.2O22 in acard ance with Rutes, more qllicularta Rule I6(e) and 16(h)o/ ZS SSS Rutes, 199-6 and bg finali-zing the senioritg iist in accordance uith rules and to pass..."
\i
2. When the matter is taken up for hearing, learned Government pleader for Services _ II appearing on behalf of respondent Nos. 1 and 2, on written instructions, submits that the objections Iiled by the petitioners were received by the respondents and the sarne are under examination. Since the l I I l said objections are under examination, the hnal Seniority of Lab-Technician Gr-ll is not yet issued. Learned Government Pleader further submits that after examining the petitioner,s objections along with other objections, Lab Technician Gr-ll final seniority will be issued as per rules in force. Therefore, no further orders are necessarJr in the matter.
3. Recording the above said submission, this Writ petition is disposed of. There shall be no order as to costs.
Miscelianeous petitions pending, if any, shall stand closed.
Sd/- A V. S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// re/ SECTION OFFICER To
1.
2.
3. 4 5 SA The Director of Public Health and Family Welfare, Telangana State, Hyderabad.
The Principal Secretary, Health, Medical and Family Welfare Dept., Telangana State, State of Telangana at Hyderabad.
Two CCs to GP FOR SERVICES-II, High Court for the State of Telangana at Hyderabad. [OUTI One CC to M/s N.Sameena, Advocate [OPUC]
- Two CD Copies dp I I HIGH COURT PK,J DATED:2910212024 o R 1HE s14 14:
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- ) 0 6 nt,n 2924 ( ORDER h.n.^ ,,-,t-r. + .r,)' - WP.No.4663 of 2024 '\., DISPOSING OF THE W.P WITHOUT COSTS.
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