Telangana High Court
Moguloori Prasad Rao vs The State Of Telangana And on 8 June, 2023
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.359 of 2021
ORDER:
This writ petition is filed under Article 226 of Constitution of India, seeking the following relief:
"....to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not fixing the notional seniority on par with other selected candidates School Assistant (Physical Science) in Ranga Reddy, Malkajgiri-Madchal, Vikarabad and Mahaboob Nagar District in Dsc-2008 in accordance with Rule 33(b) and 36 of TS State and Subordinates Service Rules, 1996 as illegal, arbitrary and violation of Articles 14 and 16 of Constitution of India and consequently direct the respondents to award notional seniority w.e.f. 16.10.2009 on par with other selected candidates who were got appointments earlier to the petitioners in DSC- 2008 by fixing pay and award all monitory and other benefits arise there from..."
2. Heard Learned Counsel appearing for the petitioners and Learned Assistant Government Pleader for Services-I appearing for the respondents.
3. Learned Counsel for the petitioners submits that the petitioners appeared for DSC-2008 Examination to the post of School Assistant (Physical Science) and 2 SK,J W.P.No.359 of 2021 accordingly they have qualified and further they were not given appointments along with other selected candidates due to administration delay and given assurance letters to the petitioners on 06.11.2010. Thereafter, they were issued appointments on different dates in the month of November 2010, April 2011, January and February 2012 and whereas the other selected candidates were given appointments on 16.10.2009. In view of the delay in issuing appointment orders, the petitioners adversely affected the dates of joining as well as the pay and monetary benefits. The petitioners were compelled to join only after the month of April 2010 by virtue of that they are losing their pay scale, to be fixed in the PRC-2015, approximately losing 1 to 4 increments forcibly. Wherein, a huge monetary loss is occurring to them in the Revised Pay Scale, 2015 apart from their salary from September, 2009 to November, 2012 to a tune of Rs.1 to 3 lakhs approximately as the case may be. Without any fault of the petitioners, due to administrative delay on the 3 SK,J W.P.No.359 of 2021 part of the official respondents, the petitioners are losing their seniority, monetary benefit of salary as per RPS-2015.
4. Learned Counsel for the petitioner further submits that earlier similarly situated candidates approached erstwhile A.P. Administrative Tribunal and filed O.A.Nos.7327 of 2011, 4800 of 2015 and 4336 of 2016. The Tribunal held that the respondents therein were directed to consider and accord notional seniority to the petitioners therein on par with the candidates recruited through DSC-2008 and the same was implemented in the State of A.P. through Circular Memo No.FIN02- 18022/23/2019-H, SEC-DTA, dated 22.11.2019. Recently, the High Court of A.P. at Amaravati disposed of the W.P.No.5747 of 2020 dated 17.11.2022 and requested to pass similar orders in this Writ Petition.
5. Learned Assistant Government Pleader for Services-I basing on the counter submits that at the time 4 SK,J W.P.No.359 of 2021 of the Notification, total 112 vacancies of School Assistant (Physical Science) were estimated to be filled through DSC-2008 in Rangareddy District and notification was issued and at the time of filling up of vacancies to the said posts only 74 vacancies were available for issuing posting orders. The vacancies were filled in phased manner. There is no hard and fast rule that all the candidates selected should be given appointment orders at one time and appointments were made as per the availability of vacancies. If the request of the above individual is considered, other similarly situated candidates and candidates from other DSCs/ Districts may also seek for similar relief for counting of service on par with other selected candidates and requested to dismiss the Writ Petition.
6. After hearing both sides and perusing the records, this Court is of the considered view that the petitioners appeared for the DSC-2008. Initially the selected candidates were given appointments on 16.10.2009, but 5 SK,J W.P.No.359 of 2021 the petitioners were given appointments in 2010, 2011 and 2012. Admittedly, the petitioners were appointed in the combined State of A.P. and the similarly situated candidates were appointed in pursuance to DSC-2008 approached the erstwhile A.P. Administrative Tribunal and the erstwhile Tribunal directed the respondents therein to consider and accord notional seniority to the petitioners therein on par with the candidates recruited through DSC-2008 and the said orders were implemented by the State of A.P.
7. Recently, the High Court of A.P. at Amaravati disposed of the W.P.No.5747 of 2020 on 17.11.2022. The operative portion of the said order is as follows:
"Having regard to the facts and circumstances of the case and for the foregoing reasons and in view of the fact that the petitioners are similarly situated to the candidates recruited through DSC-2008, the respondents are directed to consider and accord notional seniority to the petitioners on par with the candidates recruited through DSC-2008. The 6 SK,J W.P.No.359 of 2021 petitioners are also entitled for notional fixation of pay till the date of their joining and consequential monetary benefits from the date of their joining into service. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order".
8. It clearly shows that the similarly situated persons who appointed along with the petitioners through DSC-2008 granted notional seniority by the State of A.P. and now, the respondents herein cannot deny the said benefit to the petitioners as similar circumstance for the earlier DSCs and granted notional seniority and pay fixation in similarly situated persons.
9. Having regard to the above facts and circumstances, this Writ Petition is disposed of with a direction to the respondents to consider the notional seniority to the petitioners along with the candidates recruited through DSC-2008 and they are also entitled for notional fixation of pay till date of their joining and consequential monetary benefits from the date of joining into service 7 SK,J W.P.No.359 of 2021 and this exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of the order. There shall be no order as to costs.
10. Miscellaneous applications pending, if any, shall stand closed.
________________________ JUSTICE K.SARATH Date:08.06.2023 bb