S.Narashimulu v. The Government Of Telangana, Panchayat Raj And Rural

[ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE IWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 28322 OF 2014 Between:

1. S.Narashimulu, S/o Late S.Rangarajam, age 48 yrs, Occ:Dy.Executive Enginee(PR) Prisd : Medak(Dist)

2. K.Rajendra Kumar, S/o K.Rajeswar Rao, age 52 yrs, Presently Holding The Post: Dy.Executive Enginee(Pr) ; RyO :Dy.Executive Enginee(Pr) ; Prisd: Mahabunagar Compound, Mahabubnagar-509325

3. Smt K Renuka, age 45 yrs, Occ: Deputy Executive Engineer, O/o Engineer in Chief: Govt of Telangana, Erramanzil, Hyderabad. ...PETITIONERS/ RESPONDENTS 3,4 & 5 in OA AND

1. The Government ofTelangana, Panchayat Raj & Rural, Development Department, rep by its Principal Secretary to Government, Secretariat, Hyderabad.

2. Engineer in Chief, Panchayat Raj Engineering Department, Government of Telangana, Hyderabad.

3. G Murali Prasad, S/o Sri Venkatswara Rao, age 51 years, Occ: Assistant Executive Engineer, O/o Deputy Executive Engineer, (V&OC), PR dept Nalgonda.

4. Y Hanumandlu, S/o Sri Veeriah, age 52 years, Occ: Assistant Executive Engineer, O/o Dy.Executive Engineer, PIU Sub division, Medak, Medak(dist)

5. Y Srinivas Reddy, S/o Sri Y Buchi Reddy, age 49 years, Occ: Assistant Executive Engineer, O/o Mandal Engineering Officer, MPP,'Keesara,( V& Mandal), RR (dist) ...RESPONDENTS/ RESPONDENTS 3 to 5 are PETITIONERS 1 to 3 in OA Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction particularly in the nature of Mandamus and declare the order and Judgment in OA.No.4134/2014

daled 8-7-14 rendered by the Hon'ble APAT as contrary to law and consequently set aside the same and consequently.

l.A. NO: 1 OF 2014(WPMP. NO: 3545s OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned order OA.No.413412014, dated B-7-14, rendered/passed by Hon'ble APAT, pending disposal of the above writ petition. Counsel for the Petitioners : Dr. K. LAKSHMI NARASIMHA Counsel forthe Respondent Nos. 1 &2: GP FOR SERVICES-II Counsel forthe Respondent 5 : SRl. VADAPALLI RAMESH The Court made the following: ORDER

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Petition No.28322 of 2OL4 ORDER:

(Per Hoft'bLe Sn Justice Abhinand Kumar Shauili) This Writ Petition is filed by the petitioners under Article-226 of the Constitution of India seeking a 'Wit of Certiorari'by calling for records relating to the order passed by the Andhra Pradesh Administrative Tribunai (for short, the Tribunal'), Hyderabad in O.A.No.4134 ol 2Ot4, dated 08.O7.2014 and to quash the same.

2. Heard Mr. K. Lakshmi Narasimha, learned counsel for the petitioners and the learned Special Government Pleader for Services-II, appearing for respondents.

3.

Learned counsel for the petitioners contended that petitioners were working as 'Deput5r Executive Engineers' and the respondent Nos. 3 to 5 have approached the Tribunal to give promotion to them on par with their juniors as per the seniority list communicated uide proceeding dated 03.04.2014. The

AKS,j & RRN,J wp_28J22_2o14 Tribunal was pleased to dispose of the O.A at the admission stage itself without giving any opportunity to the petitioners, by directing the Engineer-in-Chief (i.e., 2"d respondent) to consider the representations submitted by the respondent Nos. 3 to 5, dated 15.04.2014 and 02.05.2014 regarding the promotion to the post of Deputy Executive Engineer, including notional promotion in Zone-Yl as per the seniority list and pass appropriate orders in accordance with law. The Tribuna-l could not have disposed of the O.A when they were the contesting respondents at the admission stage that too without giving any opportunity. Therefore, prayed this Court to pass appropriate orders in the Writ Petition by setting aside the orders passed by the Tribunal in O.A.No.4134 of 2014, dated Oa.O7.2Ol4 and allow the Writ Petition.

4. On the other hand, learned Government Pleader, appearing for the respondents, contended that the Tribunal has merely directed the respondent No.2 to consider the representations submitted by the

AKs,J & RRN,] '

wp 28122 2014 respondent Nos. 3 to 5 and pass appropriate orders, and therefore, no prejudice would be caused to the petitioners and no such rights of the parties have been adjudicated by the Tribuna-l so as to have a grievance of the petitioner. Therefore, there are no merits in the Writ Petition and the same is liable to be dismissed. 5.

This Court, having considered the rival submissions made by the parties, is of the considered view that the Tribunal has merely directed the 2"d respondent to consider the representations submitted by the respondent Nos. 3 to 5 and pass appropriate orders in accordance with law. We are not able to understand how the petitioners have aggrieved to such an order of the Tribunal. It is needless to say that if the 2"d respondent considers the representation submitted by the respondent Nos. 3 to 5, the 2"a respondent shall also give an opportunity to the petitioners before passing any orders, if not already passed.

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6. With these observations, the Writ petition is disposed of. No costs.

7. As a sequel, miscellaneous applications pending if any in this Writ petition, sha_ll stand closed. sD/- K. VENKATAH ASSTSTANTCE{}\:I!AR //TRUE COPY// SECTION OFFICER To, \ '1 . The Principal Secretary, Panchayat Raj & Rural Development Department, Government of Telangana, Secretariat, Hyderabad.

2. The Engineer in Chief, Panchayat Raj Engineering Department, Government of Telangana, Hyderabad.

3. One CC to Dr. K LAKSHMI NARASIMHA, Advocate [OPUC]

4. Two CCs to GP FOR SERVICES-II, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to SRl. VADAPALLI RAMESH, Advocate IOPUCI

6. Two CD Copies KAR GJP A-

HIGH COURT DATED:21 11212022

ORDER

WP.No.28322 ot 2014 ii fr- }i al 3 1 JAil 2023 iJ ..i.__ 'L::i DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( C"5 CR,e1> wa-