E.Surender v. The Director Of Employment And Training

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4686 of 2019 ORDER:

This writ petition is filed seeking the following relief :- " ..... to declare the impugned action of the 1st Respondent without passing final orders on the objection submitted by the Petitioners on 15.10.2018 to provisional seniority list of Multi Zone-Ill in Cir.Memo.No.C/ 1891/ 2018, dated 27.09.2018 and effecting promotions to the post of Principals as illegal, arbitrary, unconstitutional and violative of Arts.14 and 16 of the Constitution of India apart from violation of principles of natural justice and consequently direct the 1st Respondent to finalize the provisional seniority list by considering the objections filed by the petitioners on 15.10.2018 and effect promotions to the post of Principals by issuing a writ more in the nature of Writ of Mandamus or any other writ, order or direction ....." .

Heard Mr.R.Rajasekhar Rao, learned counsel for petitioners and the learned Government Pleader for Services-I. It has been contended by the petitioners that they are all working as Training Officers with the respondents and they are aggrieved by the provisional seniority list of Training Officers of Multi Zone-III issued vide Circular Memo dated 27.09.2018. The petitioners have submitted their objections to the said provisional seniority list on 15.10.2018. The respondents, without finalizing the provisional seniority list of Training Officers of Multi Zone-III, are effecting promotions to the post of Principal.

Learned counsel for petitioners contended that since the respondents are not disposing of the objections raised by the petitioners to the provisional seniority list of Training Officers of Multi Zone-III appropriate orders be passed in the writ petition directing the respondents to pass final order on the objections raised by the

petitioners and finalize the seniority list and then effect promotions to the next higher post of Principal.

Learned Government Pleader appearing for respondents has contended that the objections filed by the petitioners to the provisional seniority list of Training Officers of Multi Zone-III will be considered and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to finalize the seniority list of Training Officers of Multi Zone-III by duly taking into account the objections raised by the petitioners on 15.10.2018 to the provisional seniority list of Training Officers of Multi Zone-III issued vide Circular Memo dated 27.09.2018 and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. It is needless to say that the promotions now effected will be subject to the revision of final seniority list. With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 15-03-2019 Prv