Jadhav Manik Rao v. The State Of Telangana And Another

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.20279 OF 2019 Date: 18.09.2019 Between:

Jadhav Manik Rao, S/o.Bhojaji, Aged about 48 yrs, Occu : Naib Tahasildar, Tandur Mandal, Tandur, Mancherial District.

.....Petitioner And The State of Telangana, Rep., by its Chief Commissioner of Land Administration, Hyderabad & another.

.....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.20279 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents. 2.

Petitioner is working as Naib Tahsildar and claiming promotion as Tahsildar. He belongs to Scheduled Tribe category. On 16.08.2019 a notice was issued by the 2nd respondent calling for objections on the proposal to prepare panel of eligible Naib Tahsildars for inclusion in the panel for promotion as Tahsildars for the panel year 2016-17 in Adilabad District. Petitioner filed objections stating that he is the next senior most Scheduled Tribe candidate and his name ought to have been included in the panel year and not including his name in the panel is illegal. Alleging inaction on the said objections, and alleging that the panel is being drawn up, ignoring his objections, this writ petition is filed.

3.

According to learned counsel for the petitioner there are four vacancies meant for scheduled tribe category, whereas, only three names are included in the proposed panel and petitioner being the next senior most scheduled tribe candidate, his name ought to have been included in the panel and non inclusion of his name is illegal.

4.

Prima-facie, reading of the notice dated 16.08.2019, the said contention is not correct. It is seen from Table 3 of Page No.11 as against four vacancies meant for scheduled tribe three are already working and only one requires to be filled up. Thus, only one person out of three persons above petitioner is entitled

- 3 - to be included in the panel for the panel year 2016-17. As there was only one vacancy and petitioner claims that he is at Sl.No.4 in the order of seniority of employees belonging to Scheduled tribe in Adilabad District, non inclusion of his name in the list cannot be said as illegal, warranting interference by this Court. 5.

Writ Petition is accordingly, dismissed. However, it is always open to the petitioner to work out his remedies as and when the vacancies meant for scheduled tribe category arise and he is not considered for promotion. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 18th September, 2019 Rds