K. Srinivasa Rao v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.6948 of 2019 ORDER:

With the consent of both parties, this writ petition is being disposed of at the admission stage.

This writ petition is filed seeking a writ of Mandamus declaring the tentative seniority list issued by the 2nd respondent vide memo dated 21.02.2019 showing the petitioner at Sl.No.38 without considering his date of appointment and date of birth and also not considering the petitioner's objections and proceeding with the promotions to the post of Deputy Executive Engineers as illegal, arbitrary and violative of principles of natural justice and sought a consequential direction to the respondents to consider the objections of the petitioner without any further delay and place him at appropriate place. Heard Sri Kowturu Pavan Kumar, learned counsel for the petitioner, and the learned Government Pleader for Services-II appearing for the respondents.

It has been contended by the petitioner that initially he was appointed as Work Inspector Grade-I and he is presently working as Assistant Executive Engineer in the Panchayat Raj Department. The grievance of the petitioner is that though he is working as Assistant Executive Engineer, the respondents are not considering his case for promotion to the post of Deputy Executive Engineer. The grievance of the petitioner is that in the tentative seniority list dated 21.02.2019, his name was erroneously shown at Sl.No.38 without considering his date of

birth and date of appointment and, despite submitting his objections to the tentative seniority list, the respondents without finalising the tentative seniority list are going ahead with ad hoc promotions. Learned counsel for the petitioner submits that appropriate orders be issued to the respondents to finalise the tentative seniority list dated 21.02.2019 by duly taking into account the objections of the petitioner and thereafter effect promotions to the post of Deputy Executive Engineers.

Learned Government Pleader appearing for the respondents have submitted that the respondents would finalise the tentative seniority list issued on 21.02.2019 in accordance with the Rules and that after taking objections from all the aggrieved persons, appropriate orders will be passed in accordance with law.

This Court, having considered the rival submissions of the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the objections filed by the petitioner and finalise the tentative seniority list within a reasonable period of time, preferably within a period of three months from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 02nd April, 2019 v v