IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
P. Srinivas Babu Bobbili – Appellant
Versus
The State of Telangana – Respondent
WP 27060/2017
THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.27060 of 2017; 39287 of 2018 and 327 of 2022
COMMON ORDER:
Since the lis in these writ petitions is inter-connected, they were heard together and are being disposed of by this common order. 2.1. W.P.No.27060 of 2017 is filed seeking the following relief:
“…to issue an order or direction Or Writ, more particularly, one in the nature of Writ of Mandamus declaring impugned orders issued by the 2nd respondent vide Proc.Rc.No.262/A2/DAE/TS/2014 dated 26-08-2015 fixing the seniority of the unofficial respondent over and above me as illegal, irregular, arbitrary, discriminatory, against the provisions of the AP State and Subordinate Service Rules and the ratio laid down by the Hon’ble Courts and in violation of Articles 14 and 16 of the Constitution of India and set aside the same so far as the unofficial respondent and the petitioner is concerned and consequently direct the respondents to fix the seniority of the petitioner over and above the unofficial respondent with all consequential benefits and pass…”
2.2. W.P.No.39287 of 2018 is filed seeking the following relief:
“…to issue an order or direction or writ more particularly one in the nature of writ of mandamus declaring the action of the official respondents in promoting the unofficial third respondent as Assistant Project Officer vide Procs. Rc.No.771/A2/DAE/TS/2014-1 dated 30.08.2018 of the Director of Adult Education, Telangana State, Hyderabad ignoring the seniority of the applicant as illegal, improper and violative of Rule 33(b) of the State and Subordinate Service Rules and consequently hold that the petitioner is senior to the unofficial third respondent according to the order of arrangement indicated in the Government Memo No.2990/P&E-Prog.I/2010-2 dated 01.03.2012 as well as the proceedings issued by the Commissioner and Director of School Education in Rc. No. 684/D1-2/2012 dated 24.04.2012 and entitled for promotion as Asst. Project Officer from the date when the unofficial third respondent was promoted with all consequential benefits such as seniority, pay-fixation etc. and pass…”
W.P.No.327 of 2022
2.3. W.P.No.327 of 2022 is filed seeking the following relief:
“…to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the further action of the official respondents in contemplating further promotions of Project Officer and Dy Director in Adult education by ignoring the order of seniority of the supervisors appointed under the proceedings Commissioner of School Education in Rc.No.684/A1-2/2012 dated 24.04.2012 is arbitrary, illegal and consequently direct the respondents to follow the same only while ignoring the seniority as finalized by the Director in contravention of the orders of the Commissioner and thereby consider the case of the Petitioner for further promotions by regulating his promotion as Asst Project officer wef the date on which his junior was promoted with all consequential and attendant benefits and pass…”
3. Heard Sri J. Nagaraja Rao, learned counsel, representing Smt. A.V.S. Laxmi, learned counsel for the petitioner, learned Government Pleader for Services-I appearing on behalf of the official respondents, and Sri Gaddam Srinivas, learned counsel for the unofficial respondent (respondent No.3 in both W.P.Nos.27060 of 2017 and 39287 of 2018 & respondent No.4 in W.P.No.327 of 2022).
4. For the purpose of convenience, firstly, W.P.No.27060 of 2017 is adjudicated hereunder.
5. Learned counsel for the petitioner submitted that the petitioner was initially appointed as a Secondary Grade Teacher on 22.06.1989, whereas, the unofficial respondents were appointed as such on 16.07.2002, thereby, making the petitioner senior to the unofficial W.P.No.327 of 2022 respondent in the cadre of Secondary Grade Teacher. While so, the petitioner and other Secondary Grade Teachers had requested the Government to appoint them as Supervisors in the Adult Education Department. The
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