R. Sunitha v. The State Of Telangana

[32ee I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE T{ONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO: 46647 OF 2022 Between:

R. Sunitha, D/o Venkateshwarlu, Wo Natte Sravan Kumar, Divisional Accounts Officer (Works), Grade-I, O/o Executive Engineer, Projects Division - North Zone (PD-NZ), 71h Floor, Parking Complex, Abids, GHMC, Hyderabad ...PETITIONER ANDL The State ofTelangana, Finance Department, Telangana Secretariat, Hyderabad, represented by its Special Chief Secretary

2. The Director of Works, Accounts, Finance Department, State of Telangana, BlockVII, Gruhakalpa Complex,

3. E. Naveen Kumar, S/o Late Sanjeevan Reddy, Occupation - DAO (W), Grade-II, O/o Executive Engineer, RWS lntra Division, Sanga Reddy ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriatc writ, order or direction one particularly one in thc nature writ of mandamus declaring the action of the lst Respondent in issuing thc Memo No. 264152/W N Admn.lll2\2l, dated 22-10-2022 and the action of the 2nd Respondent in issuing the Provisional Seniority List, vide Memo. No. DWA/TS (Hyd. i Sn.l / Admn / EC-112022-231280, dated l6-12-2022, calling for objections before 3l-12-2022, at |he instance of the 3rd Respondent herein and 7 Others, when the Final Seniority List issued vide Proceedings No.

DWA/TS (Hyd. / Sn.l / Admn / EC-ll 2016-17/No. 61, dated 03-06-2016, has become final, as no Appeal is filed against the said Seniority List, and without considering the Letter No. DWA/VJA lSn.llEC-1/2021-22/244, dated 08-03-2022, addressed by the Director of Works Accounts, C-Block, 3rd Floor, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Government of Andhra Pradesh to the 2nd Respondent herein and without considering the representation daled 11-04-2022, made by the Direct Recruitces, as arbitrary, illegal and violative of Articles 14, 16 and 2l of the Constitution of lndia, and also contrary to the Telangana State Subordinate Service Rules, l996andthe Provisions of AP Reorganisation Act, 2014 and consequently set aside the Memo No. 264/521W N Admn.lll2021, dated 22-10-2022, issued by the l't Respondent and the Memo. No. DWA/TS (Hyd.

/ Sn.I / Admn / EC-l12022-231280, dated 16-12-2022, issued by the 2nd Respondent, and direct the Respondents to follow the Final Seniority List issued vide Proceedings No. DWA/TS (Hyd. / Sn.l / Admn / EC-l/ 2016-17lNo.

IA NO: I OF 2022 Petition undcr Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Higlr Court may be pleased to stay all further proceedings, pursuant to the Merno No. 264l52lWA / Admn.lll2021, dated 22-10-2022, issued by the l" Respondent and the Mcrno. No. DWA/TS (Hyd. / Sn.I / Admn / EC-l12022-231280, dated 16-12-2022, issued by the 2nd Respondent, while directing the Respondcnts to follor.v the Final Seniority l,ist issucd vide Proceedings No. DWA/TS (Hyd. / Sn.l / Admn IEC-li 2016-17/No.(rl, dated 03-06-2016 for the purpose of all the service conditions Counsel for the Petitioner : SRI. CHANDRAIAH SUNKARA Counsel for the Respondent Nos.l and 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SRI KIRANMAYEE The Court made the follorving :

IIONOURABLE SRI JUS'IICE E.V.VENUGOPAL \\'RI'l' PEl'lTlON No.46647 of 2022 OR-DI]R:

1.

This writ petition is filed under Article 226 of Constitution of lndia seeking the following relief:

"to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the action of the l'r respondent in issuing the Memo No.464/52/WA/Admn.II/2021, dated 22.10.2022 and the action. of lhe 2'd respondent in issuing the provisional seniority list, vide memo No.DWA/TS (IIyd. / Sn.I/ Adnn/ECl/2022-23/280, dated 16.12.2022, calling for objections before 31.12.2022, at the instance of the 3'd respondent herein and 7 others, when the Final Seniority list issued vide Proceedings No.DWA/TS TS (Hyd. / Sn.I/ Admn/EC-1/201617/No.6l, dated 03.06.2016, has become final, as no appeal is filed against the said seniority list, without considering the letter No.DIYA/VJA/Sn.I/EC-1/2021-22/244, dated 08.03.

2022, addressed by the Director of worl<s accounts, CBlock, 3'd Floor, Anjaneya Towers, Ibrohimpatnam, Vijayawada, Government of Andhra Prodesh to the 2'd respondent herein and without considering the representation dated 1 1.04.2022, made by the direct recruitees, as arbitrary and conlrary to the Telangana State Subordinate Service Rules, 1996 and the Provisions of AP Reorganization Act, 2014 and consequently set aside the memo No. 2 64 /5 2/IYA/Admn. II/2 0 2 I dated 2 2. I 0. 2 02 2, issued by the ln respondent and the Memo.No.Dl{A/TS (Hyd./Sn. I/Admn/EC- I /2 02 2-2 3/2 80, dated I 6. I 2. 202 2 issued by the 2'd respondent and the direct the respondents to follow the final seniority list issued vide proceedings No.Dl4/A/TS(Hyd./Sn.I/Admn/EC-1/2016-17/I'Io.6l dated 03.06.

20l 6 for lhe purpose of all the service conditions and pass such olher orders as may be just.

2. ThF harned counsel for the petitioner submitted that final seniority list has been issued by respondent No.2 vide proceedings

\ No.

DWATTS(Hyd./Sn.I/Admn/EC-l/2016-17No.6l dated 03.06.2016 and stated that the said list was provisional seniority list and it has been madc available in BMS portal i.e., http://drvabmsts.cqs. gov.in.

Now the respondents have contemplated to draw the final seniority list vide Memo No.DWA/TS(I-{yd./Sn.VAdmnlBc-l /2022-23 1280, dated 6.12.2022 and submits that the impugned memo issued to draw the senior list is in contravention to the proceedings issued earlier on 03.06.2016 and submits that the impugned seniority list is itlegal and therefore, seeks intervention of this Court.

3, On the other hand, learned Govemment Pleader for Services IV vehemcntlv submits that the writ petition is premature and the memo issued by the respondent isjust a provisional senior list and an opportunit-v was given to all the affected parties to raise objections if any. Without availing such opportunity for raising objections, the petitioner herein has filed the present writ petition at a premature stage and therefore, prays before this Court to dismiss the present writ petition.

a 4.

Smt. Kiranmayee, learned counsel appsaring for respondent No.3/Caveator, submits that the rvrit petitioner has rushed to this Court without availing the windorv facilitated by the respondents and has rushed to this Court only on apprehension and presumption and therefore, seeks intervention of this Court to dismiss the writ petition in limine.

5.

This Court after considering the submissions made by both counsel and without going into urerits of the case is inclined to dismiss the present writ petition, since the aggrieved parties are given the facility to raise their objections before 31.12.2022 and without availing such opportunity, maintaining of the present writ petition at this stage is premature.

6.

Accordingly, the urit petition is dismissed. No costs. Miscellaneous applications, if any pending, shall also stand dismissed.

SD/- N. CHANDRA SEKHAR ASSISTANT ISTRAR //TRUE COPYII SECTION F[-ICEI{ To, One CC to SRI. CHANDRAIAH SUNKARA Advocate [OPUC] l.

One CC to SRI. KIRANMAYYE Advocate [OPUC] Two CCs to GP FOR SERVICES I, High Court for the State of Telangana' 2.

3.

Hyderabad. [OUT] Two CD CoPies 4.

\ IIIGH COURT EWJ DATED: 30/1212022 gE STA)c { (i q \ ?4 tAfi ?tr8 itt r\-ovl I

ORDER

WP.No.466.{7 of 2022 WRIT PETITION IS DISMISSED OF WITHOUT COSTS