IN THE HIGH COURT FOR THE STATE OF TELANGANA :

HYDERABAD * * *

WRIT PETITION NO.5477 OF 2024 ORDER PRONOUNCED ON: 25.07.2025 THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA Between:

1. Sri K.Mohan Raj S/o K.Masaiah.

2. Md.Moosa S/o Md.Hasnoddin. 3. Sri A.Krishna Vardhan Reddy.

v. …petitioners

1. The State of Telangana, rep.by its Principal Secretary, Revenue (CT.I), Department, Secretariat, Hyderabad.

2. The Commissioner of Commercial Taxes, Commercial Tax Complex, Nampally, Hyderabad.

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes/No.

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes/No.

_________________________________ NARSING RAO NANDIKONDA, J * THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.5477 OF 2024 % 25.07.2025 # Between:

1. K.Mohan Raj S/o K.Masaiah, Age 60 years, Occ;Dy.Commercial Tax Officer, O/o Assistant Commissioner, Gadwal Circle, Nalgonda Division, Jogulamba Gadwal District.

2. Md.Moosa S/o Md.Hasnoddin, Age 53 years, Occ:Dy.Commercial Tax Officer, Occ:Dy.Commercial Tax Officer, O/o. Assistant Commissioner, Malkajgiri-2 Circle, Malkajgiri Division, Hyderabad.

3. A.Krishna Vardhan Reddy S/o A.Venkat Reddy, age 50 years, Occ:Dy.Commercial Tax Officer, O/o Assistant Commissioner, Jeedimetla – 1 Circle, Hyderabad (R) Division, Hyderabad. …Petitioners v.

1. The State of Telangana, Rep.by its Principal Secretary, Revenue (CT.I)Department, Secretariat, Hyderabad, 2. The Commissioner of Commercial Taxes, Commercial Tax Complex, Nampally, Hyderanad. …Respondents. ! Counsel for Petitioners : Sri M.Surender Rao, learned Senior Counsel representing Sri Srinivasa Madiraju ^Counsel for the respondents : 1.Sri Satyanarayana Rao, learned Government Pleader for Services-I, appearing for respondent Nos.1 and 2 Sri P.V.Ramana, learned counsel for respondent Nos.3 and 4.

> HEAD NOTE: ? Cases referred

1. Appeal (civil) 9643-9644 of 1995

2. 2007 (3) ALT 516 (DB)

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.5477 OF 2024

ORDER

(per Hon’ble Sri Justice Narsing Rao Nandikonda)

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

“(i) to declare that Rule-3 of Telangana State Commercial Tax Service Rules issued vide GO Ms.No.360, dated 23.04.1994 (adapted by Government of T.S. Sec-101 of A.P.Re-Organization Act) in so far as it provides for appointment by transfer from category of Section Officers and Private Secretaries to Secretary to Government of Telangana State and note thereunder reserving 10% percentage of the posts of CTO to them as illegal as they are violative of T.S.Public Employment OLC & RDR Order, 2018 and also in violation of Article 371(D) of the Constitution of India.

(ii) Further declare that continuing the said provision in the service rules despite the judgment of the Hon’ble Supreme Court in V.Jagnnadha Rao v. State of A.P and others, as illegal and in violative of para-11 of the Presidential Order, 1975 and para-11 of Telangana Presidential Order, 2018.

(iii) Further declare that U.O Note No.8390/SU.I/A1/2023, dated

12.12.2023 calling for willingness of Section Officers and Private Secretaries for appointment by transfer to the post of CTOs is illegal and contrary to the circular U.O. Note dated 15.02.2023 and the judgment mentioned above.

(iv) Further declare that all the 68 vacancies of CTOs available in Multi Zone- II shall be filled either by direct recruitment or by promotion from the category of DCTOs only.”

2. Brief facts of the case are that the petitioners are working as Deputy Commercial Tax Officers (DCTOs) in Zone-VI vide proceedings No.CCTS Ref.No.TS/D2/D2/708/218, dated 19.12.2020 and their names were shown at Sl.Nos.6, 36 and 74 respectively in the provisional selection list