HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34927 of 2023

ORDER:

Heard Smt.K. Hemalatha, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of respondent Nos.1 to 6 and Smt.A. Padma, learned counsel appearing on behalf of respondent No.7.

2. The petitioner filed the writ petition seeking the following relief “… to promote the Petitioner as per the seniority-cum- merits and issue Writ or direction preferably Writ of Mandamus, declaring the action of the respondent Nos. 2 to 4 in not considering the petitioner even after obtaining the highest rank than the Respondent No.7 and promoting the Respondent No.7 in place of the Petitioner and not considering the representation dt. 23.09.2023 for promotion as Senior Assistant on regular basis as arbitrary, illegal and in violation of Telangana State and Subordinate Service Rules, 1996 (Adaptation Rules and consequently direct the 2^nd and 3^rd Respondent to re-fix the seniority by quashing the earlier seniority list vide proceeding vide No.A2/707- Unit Officer/NT/MZ- II/2022, Dt 27.09.2023 along with the list enclosed and to pass...”.

3. The case of the petitioner in brief, is that the petitioner has been appointed as Junior Assistant on 18.12.2020. After completion of probation, the petitioner made a representation before the 2^nd and 3^rd respondents on 04.09.2023 for next promotion but the 7^th respondent got promotion by influencing the officers. The petitioner made a representation dated 23.09.2023 before the 2^nd and 3^rd respondents for her promotion as Senior Assistant as per the G.O.Ms.No.259, dated 30.08.2021. The petitioner secured 5,697 rank in the TSPSC Group IV scrutiny test, whereas the 7^th respondent secured 1,25,454 rank but the respondents without following seniority list made the petitioner junior to respondent No.7. Aggrieved by the action of the respondent in promoting the respondent No.7 in place of the petitioner and not considering the representation dated 23.09.2023 of the petitioner for promotion as Senior Assistant on regular basis, the petitioner approached the Court by filing the present writ petition.

4. The learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of the respondent Nos.1 to 6 submits that the writ petition could be disposed of directing the respondent Nos.2 to 4 to consider the grievance of the petitioner as put-forth vide petitioner’s representation dated 23.09.2023 seeking promotion as Senior Assistant on regular basis within a reasonable period, in accordance to law.

5. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of the respondent Nos.1 to 6.

6. Taking into consideration :

(a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of respondent Nos.1 to 6.

(c) The fact that representation of the petitioner dated 23.09.2023 seeking promotion as Senior Assistant on regular basis had not been considered as on date by the respondent Nos. 2 to 4.

The writ petition is disposed of directing the respondent Nos. 2 to 4 to consider the grievance of the petitioner as put forth vide petitioner’s representation dated 23.09.2023 pertaining to non consideration of the petitioner’s candidature, and giving promotion to respondent No.7 instead of petitioner, who is junior to the petitioner and further to consider the request of the petitioner for promotion as Senior Assistant on regular basis, and pass appropriate orders within six (6) weeks from the date of receipt of a copy of this order, in accordance to law, in conformity with principles of justice by providing an opportu