N. Sateesh Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.9623 OF 2017 DATED :20.03.2017 Between :

N.Sateesh Kumar S/o.Satyaiah, Aged about 30 yrs, Occu : Junior Assistant, Revenue Department, office at Mancherial, Mancherial District & others.

..

Petitioners And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.9623 of 2017 ORDER :

Heard.

2.

Petitioners are junior Assistants directly recruited in the year 2013. The grievance of the petitioners is that the Village Revenue Officers who were granted scales of pay attached to the post of Junior Assistants are treated as similar to Junior Assistants and were granted promotions as Senior Assistants ignoring the claim of the petitioners. Petitioners contend that such action is ex-facie illegal. Objecting to such promotions granted, on 16.02.2017 a representation was submitted by the petitioners to the District Collector, Mancherial, ventilating their grievance. Alleging inaction on the part of the District Collector, in acting on their representation, this writ petition is filed.

3.

The appointing authority is the District Collector and he granted promotion to Village Revenue Officers as Senior Assistants. If an employee is aggrieved by such promotion granted to others ignoring his entitlement, under Rule 23 of Andhra Pradesh State and Subordinate Service Rules, (for short 'the Rules') a right is vested in him to prefer appeal before the appellate authority over and above the District Collector. Since right of appeal is provided, this Court is not inclined to entertain the writ petition at this stage.

4.

The Writ Petition is disposed of granting liberty to the petitioner to file appeal, if so advised, under Rule 23 of the Andhra

Pradesh State and Subordinate Service Rules, before Chief Commissioner of Land Administration (Appeals), Revenue Department. As and when such appeal is filed, this Court expects the appellate authority to consider the appeal objectively and pass orders as warranted by law, if necessary by putting the affected parties on notice. The entire exercise shall be completed within a period of three (3) months from the date of filing of appeal. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 20th March, 2017 Rds