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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Bandari Venkatesh @ B.Venkaiah – Appellant
Versus
The District Educational Officer – Respondent
WRIT PETITION Nos.9815, 24960, 22205 and 40207 of 2025
For the Appellants/Petitioners: learned counsel
For the Respondents: Assistant Government Pleader for Services-I
The court upheld the principle of parity, directing the administration to extend notional seniority benefits to employees who are similarly situated to those already granted such benefits under the same recruitment notification.
Headnote:The petitioners, appointed as School Assistants (Maths/Physical Science) under the DSC 1998 notification, sought the benefit of notional seniority. They contended that similarly situated persons were granted this benefit via Government Memo No.5747/Ser.II/A2/2023 and Proc.Rc.No.607/9743/B1/2025, while they were denied the same on the ground that they had not obtained court orders. The court found that the respondents did not dispute the parity requested. The primary issue was whether the petitioners are entitled to notional seniority based on the principle of parity with similarly situated employees. The court reasoned that since the respondents did not dispute the common order passed in W.P.Nos.28070 and 28006 of 2024, the petitioners should be considered for similar relief. These Writ Petitions are disposed of directing the respondents to consider the respective representations of the petitioners on different dates and pass appropriate orders in the light of the orders passed by the respondent No.1 vide Proceedings Rc.No.B1/SPL/NS/2022 dated 05.06.2024 by extending the relief granted by Andhra Pradesh Administrative Tribunal vide its order dated 29.10.2009 in O.A.No.2237 of 2009 which was confirmed by the Division Bench of this Court in W.P.No.36327 of 2021 dated 28.02.2022 as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.
| Table of Content |
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| 1. claim for notional seniority based on parity with similarly situated employees appointed under the same notification. (Para 1 , 2 , 3) |
| 2. reliance on judicial precedents and the lack of dispute by the state regarding the application of previous orders. (Para 4 , 5) |
| 3. direction to the administration to resolve representations in accordance with established judicial findings and administrative proceedings. (Para 6 , 7) |
COMMON ORDER:
As the similar issue is involved in all these writ petitions, they are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services-I for the respondents.
3. All these writ petitions are filed questioning the action of the respondents in not extending the benefit of notional seniority to the petitioners in the cadre of School Assistant (Maths/Physical Science) which was extended to similarly situated persons selected and appointed pursuant to the same Notification of DSC 1998 vide Government Memo No.5747/Ser.II/A2/2023 dated 15.05.2024 and Proc.Rc.No.607/9743/B1/2025 dated 05.07.2025 issued by the District Educational Officer, Nalgonda, without any justification or reasonable cause on the untenable ground that they have not approached the Court of law and obtained similar orders as obtained by the similarly situated persons as illegal and arbitrary.
4. Learned Counsel for the petitioners submits that this Court in similar circumstances has passed a common order in W.P.Nos.28070 and 28006 of 2024 dated 28.10.2024 and the respondents have also complied with the said order by fixing notional seniority and promotion to the petitioners therein and requested to pass similar order in all these writ petitions.
5. On the other hand, learned Assistant Government Pleader for Services-I has not disputed with regard to the common order passed in W.P.Nos.28070 and 28006 of 2024 dated 28.10.2024 and requested to pass appropriate orders.
6. In view of the aforesaid submissions, these Writ Petitions are disposed of directing the respondents to consider the respective representations of the petitioners on different dates and pass appropriate orders in the light of the orders passed by the respondent No.1 vide Proceedings Rc.No.B1/SPL/NS/2022 dated 05.06.2024 by extending the relief granted by Andhra Pradesh Administrative Tribunal vide its order dated 29.10.2009 in O.A.No.2237 of 2009 which was confirmed by the Division Bench of this Court in W.P.No.36327 of 2021 dated 28.02.2022 as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Miscellaneous Petitions, if any pending in these writ petitions, shall stand closed. No order as to costs.
