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High Court for State of TelanganaWP/13710/2017dismissed no costs

G.Vasavidatha, v. The State Of Telangana,

2017-04-18P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13710 OF 2017 DATED : 18.04.2017 Between :

G. Vasavidatha D/o.Murali, Aged about 42 yrs, working as WHC 929, Police Station, Suryapeta, Suryapeta District. ..

Petitioner And The State of Telangana, Rep., by its Secretary, Home Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13710 OF 2017 ORDER :

Heard.

2.

The grievance of the petitioner is regarding her nonconsideration for promotion as Assistant Sub-Inspector (Civil) from the post of Women Head Constable under Scheduled Caste category in Nalgonda district. Petitioner was ignored and others were promoted. Further she could not have been ignored for promotion when there is vacancy available for scheduled caste category.

3.

Against an order of competent authority in not granting promotion, an aggrieved employee can prefer appeal under Rule 23 of the Andhra Pradesh State and Subordinate Service Rules, 1996. Without exhausting the said remedy, this writ petition is filed. Furthermore, it is not a case where on the facts presented before the Court there is no dispute and illegally petitioner was ignored. It requires consideration with facts and circumstances in ignoring the petitioner and granting promotion to others and availability of vacancies for scheduled caste category in the promotional post. These are all the matters which requires consideration by the higher authority at the first instance and if petitioner is aggrieved by any decision of the higher authority on the appeal preferred, she can avail the legal remedy as available.

- 3 - 4.

Since an effective and efficacious remedy in the form of appeal is available, this Court is not inclined to entertain the writ petition.

5.

Accordingly, the writ petition is dismissed, leaving it open to the petitioner to avail the remedy of appeal and to ventilate all her grievances. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 18th April, 2017 Rds