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High Court for State of TelanganaWP/9568/2015disposed of no costs

B. Chinnaiah, S/O. Late B. Yellaiah, Aged 55 Years, v. Apsrtc, Rep. By Its Managing Director, Bus Bhavan,

2018-04-18Abhinand Kumar Shavili3 pages

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9568 OF 2015 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus to declare the action of the respondent Corporation in not promoting the petitioner to the post of 'Leading Hand' on par with his colleagues namely R.Lalaiah, E.No.95000, K.Ram Babu, K.Manohar, E.No.99731, D.S.Goud, E.No.85080, Yemulanna, E.No.86579 etc., to the post of Leading Hand in the year 2009 as illegal and arbitrary, and consequently, to direct the respondents to consider the case of the petitioner for promotion to the post of Leading Hand on par with his aforementioned colleagues.

2.

Heard Sri V.Narasimha Goud, learned counsel for the petitioner, and Sri B.Mayur Reddy, learned Standing Counsel appearing for the respondent Corporation.

3.

Case of the petitioner, in brief, is as follows: The petitioner was initially appointed as a Cleaner in the respondent Corporation on 04.09.1979 after undergoing the selection process and thereafter, he was promoted as Artisan Grade.II (Hammer Man) and he was working in the said post from 08.04.1986 onwards. The aforementioned colleagues of the petitioner, who were working in the cadre of Artisan Grade.II, were promoted to the post of Leading Hand in the year 2009 ignoring the case of the petitioner. Hence, the petitioner made a representation, dated 16.09.2014, to the respondents to consider

his case on par with his colleagues, but the respondents have not passed any orders till date on the said representation. 4.

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 representation, dated 16.09.2014, said to have been submitted by the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.

5.

Accordingly, the Writ Petition is disposed of. However, it is made clear that no opinion on merits is expressed by this Court. It is always open for the respondents to consider the case of the petitioner as per rules, if he is otherwise eligible. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 18.04.2018 AMD

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9568 OF 2015 DATE: 18.04.2018 AMD