The denial of promotion to an eligible employee based on a lack of a graduation degree, while simultaneously granting such promotions to similarly situated employees under the same relaxation rules, is arbitrary and violative of the right to equality under Article 14 of the Constitution of India.

O R D E R

Heard Mr.G.Jithender Reddy, learned counsel for the petitioner and Mr.Vedula Srinivas, learned Senior Counsel representing Ms.Vedula Chitralekha, learned Standing Counsel for the High Court appearing for respondent Nos.1 to 3.

2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief/s, viz.,

“……to declare the action of the respondent No.3 in not following the Telangana Judicial Ministerial and Subordinate Service (amended) Rules, 2018 vide G.O.Ms.No.37 (Law LA, LA&J-Home-Courts.B) Department, dated 20.05.2021 while not considering promotion of the petitioner from the post of Senior Assistant (Category-4) to the post of Superintendent (Category-3) in the unit of the respondent No.3 as being arbitrary, illegal, violative of Rules made in TJMSS (amended) Rules; so also Articles 14, 16 and 21 of the Constitution of India, and consequently direct the respondent No.3 to consider the petitioner for promotion to the post of Superintendent by following TJMSS (amended) Rules by revising promotion proceedings dated 31.05.2022, effecting promotion to petitioner from 31.05.2022 on par with the unofficial respondent Nos.4 and 5, and also revising promotion proceedings dated 02.09.2023, on par with the unofficial respondent Nos.6 to 13 by considering petitioner representations dated 08.07.2022, 30.08.2022, 21.09.2023 and 11.03.2024 and pass order or orders as deemed fit and property in the interest of justice.”

3. The brief facts of the case are that the petitioner was initially appointed as Copyist, vide proceedings No.1207, dated 17.02.1994, at District and Sessions Judge Court Unit, Medak at Sangareddy. Thereafter, the petitioner was transferred to the unit of Metropolitan Sessions Judge Unit, Hyderabad in the year 2009 as Typist and later promoted as Senior Assistant (Category-7) on 03.04.2017. Further, on petitioner’s request, he was transferred to the Unit of Principal Special Judge for CBI Cases, Hyderabad and has been working since 2020.

4. As things stood, the name of the petitioner was shown at Serial No.4 for his next promotion for the post of Superintendent (Category-3). The respondent No.3 issued call letter, dated 21.05.2022 to attend interview on 28.05.2022 for promotion to the post of Superintendent (Category-3) as the petitioner stood at Serial No.4, however respondent No.3 did not consider the petitioner’s name for promotion and issued promotion order to other employees including the petitioner’s junior who stand at Serial No.5 and 6. Upon enquiry, it was orally informed that petitioner was not considered for promotion on the ground that he was not holding a Graduation degree.

5. On 30.08.2022, the petitioner submitted a detailed representation seeking consideration of his name for promotion to the post of Superintendent, as per G.O.Ms.No.37, dated 20.05.2021. On 02.09.2023, the petitioner was called for interview, but again he was not considered for promotion without assigning any reasons, though he stood at Serial No.1, but other petitioner’s junior employees were promoted to the post of Superintendent, ignoring the petitioner. Thereafter, petitioner submitted four representations on various dates, but till date, the same were neither considered nor disposed.

6. Learned counsel for the petitioner submits that as per G.O.Ms.No.29 dated 18.05.2018, The Telangana Judicial Ministerial and Subordinate Service Rule, 2018, the eligibility for being promoted to the post of Superintendent is that the person should possess Graduation from any recognized University and he also