B.Mohan Rao v. The Correspondent
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.11405 OF 2018 ORDER:
The case of the petitioner is that though the services of petitioner and 5th respondent were regularized in the GrantIn-Aid vacancy of Secondary Grade Teacher w.e.f.01.04.1997, the petitioner was initially appointed as SGT on 11.10.1989, whereas the 5th respondent on 24.10.1989. Though, their services were regularized on the same date, as per Rules, the elder should be considered as senior as per the clarification given by the 3rd respondent vide Rc.No.90/PS-1/2010, dated 24.08.2017. But, ignoring the same, impugned proceedings vide Rc.No.5/Aided/PWS/2017, dated 30.08.2017 and consequential Proceedings vide Rc.No.2879/B6/2017, dated 31.08.2017 were issued promoting the 5th respondent. As such, the petitioner submitted a representation dated 14.09.2017, to the 3rd respondent seeking promotion as School Assistant from S.G.T. But, the same is not being disposed of. Hence the petitioner filed present writ petition challenging the aforesaid impugned proceedings dated 30.08.2017 and consequential proceedings dated 31.08.2017. Heard learned counsel for the petitioner.
Learned Assistant Government Pleader for School Education submits that petitioner has only submitted representation to the 3rd respondent; and that he has not filed
any appeal before the appellate authority i.e.Regional Joint Director (RJD).
Learned counsel for the petitioner submits that the petitioner will prefer appeal before the competent authority. In view of the same, the writ petition is disposed of permitting the petitioner to file appeal before the competent authority i.e. Regional Joint Director, and on such appeal being filed, the competent authority shall dispose of the said appeal, in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 06.04.2018 tk