Dr. Vinay Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.8075 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ...... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring that the petitioners are entitled to be considered for Career Advancement Scheme Pay scales and Promotional Avenues including promotion of Associate Professors and Professors in their respective specialty on par with other similarly situated employees working as Assistant Professors in Medical Colleges under Administrative Control of Director of Medical Education, Hyderabad with all consequential benefits on the basis of their representation dated 15.2.

2019 duly holding the action of the respondents in not considering the claim of the petitioners for Career Advancement Scheme Pay Scales and promotional avenues including promotions to the post of Associate Professors and Professors on the alleged ground the petitioners are now working on Foreign Deputation in Rajeev Gandhi Institute of Medical Sciences with no fault of them while considering their juniors who are working as Assistant Professors in Medical Colleges under Director of Medical Education from 2009 onwards as illegal, arbitrary, unjust and in violation of Articles 14, 16 and 21 of the Constitution of India and contrary to Rule of seniority and rule of promotion ......"

Heard Mr.D.Linga Rao, learned counsel for petitioners and the learned Government Pleader for Services-II. It has been contended by the petitioners that they are working as Assistant Professors in the 4th respondent Institution and they are entitled for Career Advancement Scheme Pay Scales and promotional avenues, but, the respondents are not extending the said benefit. Therefore, they have submitted a representation to

the respondents on 15.02.2019 requesting to extend Career Advancement Scheme Pay Scales and promotional avenues on par with other teaching staff working under the administrative control of Director of Medical Education, but, so far, no orders have been passed on the said representation nor their cases for grant of Career Advancement Scheme Pay Scales and promotional avenues are considered.

Learned counsel for the petitioners submits that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 15.02.2019 and pass appropriate orders in accordance with law. Learned Government Pleader appearing for the respondents has contended that the cases of the petitioners will be considered and appropriate orders would be passed on the representation submitted by the petitioners in accordance with law. This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioners on 15.02.2019 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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: 21-08-2019 Prv