Tejavath Mahender, v. The State Of Telangana And 5 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24149 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of the learned counsel for the respective parties. This writ petition is filed seeking the following relief :- " ......to issue an appropriate writ, order more particularly one in the nature of Writ of Mandamus declaring that the action on part of the respondents in not considering the case of the petitioner for appointment to the post of Junior Panchayat Secretary though he is fully eligible and qualified as illegal, arbitrary, discriminatory, unjust and violative of Articles 14, 16 and 21 of Constitution of India, consequently direct the respondents to appoint the petitioner as a Junior Panchayat Secretary in pursuance of Notification Nos.2560/ CTR and RE/ B2/ 2017 dated 31.08.2018 with all consequential benefits....." .

Heard Mr.G.Venkateshwarlu, learned counsel for the petitioner and the learned Government Pleader for Services-II. It has been contended by the petitioner that he is a member belonging to scheduled tribe community and a Notification has been issued earmarking certain posts for local scheduled tribe candidates. The petitioner has responded to the said Notification issued by the respondents for the post of Junior Panchayat Secretary and after participating in the selection process and though he has come up within the zone of consideration for being appointed as a Junior Panchayat Secretary, the respondents are not considering his case for appointment to the post of Junior Panchayat Secretary on the ground that the Certificate produced by him to the effect that he is a member belonging to local scheduled area is not valid. Thereafter, the petitioner has obtained another Certificate to demonstrate that he is a member belonging to local scheduled area. But, the respondents have not passed any

orders on the Certificate submitted by the petitioner. In those set of circumstances, the petitioner has submitted a representation to the respondents on 12.09.2019 requesting to consider his case for appointment to the post of Junior Panchayat Secretary, but, so far, the respondents have not passed any orders on the said representation nor considered his case for appointment to the post of Junior Panchayat Secretary.

Learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 12.09.2019 and pass appropriate orders in accordance with law. The learned Government Pleader appearing for the respondents contends that the respondents would consider the case of the petitioner and pass appropriate orders in accordance with law on the representation submitted by the petitioner on 12.09.2019.

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 petitioner on 12.09.2019 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: 05-11-2019 Prv