THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.14163 of 2025

ORDER:

This writ petition is filed by the petitioner seeking the following relief:

“…to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.A/108/22 dated 17.07.2024 issued by the 1st respondent as arbitrary, illegal, discriminatory, malafide unconstitutional and violating Articles 14, 16 and 21 of the Constitution of India and further declare the action of the 2nd respondent not revising the final seniority list issued by the 1st respondent by proceedings No.A/108/22 dated 17.07.2024 in pursuance of the appeal filed by the petitioner dated 23.07.2024 before the 2nd respondent as arbitrary, illegal, discriminatory, malafide unconstitutional and violating Articles 14, 16 and 21 of the Constitution of India and contrary to Note-1 of Rule 3 of Special Rules read with Rule 33 of State and Subordinate Service Rules and issue consequential direction directing the 2nd respondent to issue revised final seniority list in the cadre of Assistant Labour Officer Hyderabad Twin Cities in terms of Note-1 of Rule 3 of Special Rules read with Rule 33 of State and Subordinate Service Rules i.e., cycle prescribed among direct recruitees, promotees and transferees taking into account the law laid down by the Honourable Supreme Court in case of V.Jagannath Rao vs. State of A.P. reported 2001 (10) SCC 401 as well as K.Madhav Reddy and others vs. State of A.P. and others reported in 2014 6 SCC 537 as well as without taking into account the vacancies arose out of promotion to the post of Assistant Commissioner of Labour SSS by disposing the appeal filed by the petitioner dated 23.07.2024 and pass such order or orders.”

2. Heard Mr. P.V.Krishnaiah, learned counsel appearing for the petitioner, and the learned Government Pleader for Services-II appearing for the respondents, and perused the material available on record.

3. Learned counsel for the petitioner submits that respondent No.1 has issued a provisional seniority list dated 15.02.2023, vide Proceedings No.A1/108/2022, inviting objections. The petitioner submitted objections to the provisional seniority list by way of representation dated 20.02.2023, stating non-compliance with the prescribed quota and rota system and demonstrating how respondent No.1 favoured promotees, depriving the rights of the direct recruits by not following the statutory rules while preparing the seniority list, as well as the principles of law laid down by the constitutional courts on the subject. Without considering these objections submitted by the petitioner, respondent No.1 issued the final seniority list dated 17.07.2024, vide Proceedings No.A/108/2022. It is further submitted that the final seniority list in the cadre of Assistant Labour Officers for the Hyderabad (Twin Cities) Zone was not prepared in accordance with the Note-1 of Rule 3 of Special Rules read with Rule 33 of the State and Subordinate Service Rules. Specifically, the final seniority list places promotees above direct recruits, contrary to the prescribed quota and rota system, which has resulted in the petitioner being placed lower in the seniority list.

4. Learned counsel for the petitioner further submits that the petitioner filed an appeal on 23.07.2024 before respondent No.2, who is the Appellate Authority as per the Rules, highlighting all the lapses, irregularities, and illegalities committed by respondent No.1 in issuing the impugned final seniority list dated 17.07.2024. However, the Appellate Authority has failed to dispose of the appeal as of today, despite eight months having elapsed since its submission, and respondent No.1 has not revised the final seniority list dated 17.07.2024, despite the clear mandate of Note-I of Rule 3 of the Special Rules read with Rule 33 of the State and Subordinate Service Rules.

5. Therefore, learned counsel for the petitioner submits that appropriate orders be passed in th