Telangana High Court
M.Giri Prasad vs The District Educational Officer on 28 February, 2022
Author: P.Naveen Rao
Bench: P Naveen Rao, G.Radha Rani
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SMT Dr.JUSTICE G.RADHA RANI
WRIT PETITION No.36327 of 2021
Date:28.02.2022
Between:
M. Giri Prasad S/o.Ramulu,
Aged about 55 yrs, School Assistant (PS),
Z.P.H.S., Wangapally, Yadagiri Gutta Mandal,
Yadadri-Bhongir District & others.
.....Petitioners
And
The District Educational Officer, Nalgonda & others
.....Respondents
The Court made the following:
-2-
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SMT Dr.JUSTICE G.RADHA RANI
WRIT PETITION No.36327 of 2021
ORDER:(per Hon'ble Sri Justice P.Naveen Rao) This writ petition is filed seeking the following relief :
"... to issue a writ, order or direction more in the nature of writ of Mandamus declaring the impugned action of the respondents in not implementing the orders of the Hon'ble Tribunal in O.A.No.2237 of 2009, dated 29.10.2009 and keeping the orders in cold storage under the guise of non-functioning of the A.P.Administrative Tribunal is as illegal, arbitrary, unjust and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to implement the orders of the Hon'ble Tribunal in O.A.No.2237 of 2009 dated 29.10.2009 with all consequential benefits and pass such other order... ."
2. Heard Sri P. Narasimha, learned counsel appearing for the petitioners and learned Government Pleader for Services II representing learned Government Pleader for School Education, appearing for the respondents.
3. Petitioners were appointed as Secondary Grade Teachers pursuant to the Selections conducted in the District Selection Committee 1994 selections, in Nalgonda District. Petitioners were aggrieved by determination of inter se seniority of direct recruit Secondary Grade Teachers. According to petitioners, instead of preparing the seniority list based on the over all merit secured by the candidates in the recruitment, the seniority was determined based on the roster points drawn in accordance with Rule 22 (A) of the Telangana State and Subordinate Service Rules, 1996. Aggrieved by wrong fixation -3- of seniority, petitioners filed O.A.No.2237 of 2009. Petitioners also filed M.A.No.567 of 2009 praying to grant interlocutory orders for consideration for promotion.
4. Having found prima-facie merit in the said contentions and following the decision of the Hon'ble Supreme Court in Bimlesh Tanwar Vs State of Haryana and Others1, the Tribunal directed promotion counselling to the post of School Assistants (Maths/Physical Science) to be taken up by taking into account the merit list and the ranking assigned in the recruitment. The O.A., was finally disposed of by order dated 29.10.2009 making the interim order as final order.
5. Though petitioners were selected in DSC-1998 selections, in the order of Tribunal dated 6.02.2009 in first paragraph it was typed as DSC 1994 and in the direction portion it was typed as DSC 2008. Learned counsel for the petitioners as well as learned Government Pleader clarified that petitioners are recruited in DSC 1998 recruitment. Therefore, the same is taken on record.
6. This writ petition is filed praying to implement the directions of the Tribunal.
7. From the material on record, it is also seen that challenging the order of Tribunal in O.A.No.2309 of 2009, the respondents filed W.P.No.12095 of 2010. By order dated 22.07.2014, the said writ petition was dismissed and the order of Tribunal has become final. 1 2003 (5) SCC 604 -4-
8. On instructions, learned Government Pleader, reports that the records in the office of District Educational Officer, Nalgonda were damaged in a fire accident, therefore, no further action was taken and he seeks reasonable time of three months to comply with the directions of the Tribunal.
9. In view of the difficulty expressed and the fair submission of learned Government Pleader, the Writ Petition is disposed of directing the respondents to implement the directions of Tribunal in O.A.No.2237 of 2009, as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J ______________________ Dr. G.RADHA RANI,J 28th February, 2022 Rds