V. David v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.25712 of 2019 ORDER:

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

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in effecting promotion to the post of Administrative Officer/L.S. Grade-II by ignoring the case of the petitioner, without even preparing/finalizing the integrated common seniority list of Office Superintendents/Section officers of different units of appointment under the control of the 2nd respondent inspite of submitting the representations, as illegal, arbitrary, abuse of process of law, violative of principles of natural justice and contrary to rules and sought consequential direction directing the respondents not to effect promotions to the post of Administrative Officer/L.S. Grade-II without preparing/finalizing the integrated common seniority list of Office Superintendents/Section Officers of different units of appointment by considering the representations submitted by the petitioner. Heard both sides.

It has been contended by the petitioner that he is working as Office Superintendent/Section Officer and is fully eligible and qualified to be promoted to the post of Administrative Officer/Law Secretary Grade-II. The grievance of the petitioner is that though he is eligible to be promoted to the post of Administrative Officer/Law Secretary Grade-II, respondents are not considering his case for promotion and are effecting promotions to the said post even without preparing or finalizing the

seniority list. Therefore, the petitioner has submitted representations to the respondents on 01.10.2019 and 25.10.2019 requesting the respondents to consider the case of petitioner for promotion to the post of Administrative Officer/Law Secretary Grade-II, but so far, the respondents have not passed any orders on the said representations nor considered the case of petitioner for promotion to the post of Administrative Officer/Law Secretary Grade-II. Therefore, counsel for petitioner contend that appropriate orders be passed in the writ petition directing the respondents to consider the representations submitted by the petitioner on 01.10.2019 and 25.10.2019 and pass appropriate orders in accordance with law.

The Standing Counsel appearing for respondent No.2 has contended that since the representations submitted by the petitioner are pending, the respondents would consider the same and pass appropriate orders in accordance with law.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representations submitted by the petitioner on 01.10.2019 and 25.10.2019 and pass appropriate orders in accordance with law within a reasonable period of time preferably within Eight weeks 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. ______________________________ 25th November 2019 ABHINAND KUMAR SHAVILI, J ajr