THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not promoting the Petitioner as School Assistant (Telugu) in Karimnagar District, as illegal, arbitrary and violative of Art. 14 of the Constitution of India and consequently direct the Respondent No.3 to promote the Petitioner as School Assistant (Telugu) by posting her as per the web options exercised in Karimnagar District on par with selected candidates for promotion by web couselling to the post of School Assistant (Telugu) in Karimnagar District vide Rc.No.735/E3/2023/A1/A2-2, dt.18.06.2024 & 28.07.2024 and to pass…”

2. Heard Sri V. Narasimha Goud, learned counsel appearing for the petitioner, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

3. Learned counsel for the petitioner submits that while the petitioner was working as a Language Pandit (Telugu) in Karimnagar District, a seniority list of all eligible candidates for promotion to the post of School Assistant (Telugu) in Karimnagar District was prepared by respondent No.3, wherein, the petitioner’s name was shown at Sl.No.21 among the (115) candidates. Thereafter, pursuant to the same, the petitioner appeared for web counseling on 15.06.2024, wherein, her eligibility for promotion was shown as ‘yes’, and also successfully completed the process of certificate verification vide Emp.ID.No.1504569. Despite the same, while respondent No.3 issued proceedings in Rc.No.735/E2/2023/A1/ A2- 2 dated 18.06.2024, effecting temporary promotions to the post of School Assistants, including the juniors of the petitioner, her name was not reflected in the said list. Therefore, the petitioner submitted her representation to the authorities on 19.06.2024. However, no action has been taken thereon.

4. It is further submitted that the office of the District Education Officer has informed the petitioner to assume duties as Language Pandit in the same place, i.e., Z.P.H.S., Gattududdenapalli, Karimnagar District, until further orders. Subsequently, after participating in the web counseling for transfers, she was posted at M.P.U.P.S., Irigapur, Shankarapatnam Mandal. However, her applications dated 19.06.2024 and 21.06.2024, for promotion to the post of School Assistant (Telugu) remain pending before respondent No.3. While so, one Mr. Paka Ashok, who was shown at Sl.No.115 in the seniority list, was promoted as School Assistant. Thus, the action of the respondents in promoting her juniors, while denying the petitioner’s rightful promotion, in spite of undergoing web counseling and certificate verification, is illegal, arbitrary and against the principles of natural justice.

5. It is further submitted that the petitioner and her husband were earlier charged in a private criminal case for the offences punishable under Sections 323, 420 and 506 read with Section 34 of the Indian Penal Code vide C.C.No.275 of 2015. However, the learned Special Judicial Magistrate of First Class (Excise), Karimnagar acquitted them vide order dated 03.12.2018, holding the petitioner and her husband are not guilty of the criminal charges. Thereafter, the de facto complainant filed a criminal appeal against the said order vide Criminal Appeal No.76 of 2020 on the file of the learned Family Court-cum-IV Additional District and Sessions Judge, Karimnagar, wherein, the petitioner and her husband were convicted vide judgment dated 22.08.2022. Aggrieved by the same, petitioner and her husband filed an appeal before this Court vide Crl.A.No.450 of 2022, wherein, this Court, vide order dated 19.09.2022 in I.A.No.2 of 2022, enlarged them on bail, on their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of learned Judge, Fami