The Court disposed of the writ petition in admission stage, directing the respondent to consider the petitioner for counseling scheduled on 15.02.2020, subject to eligibility, to prevent loss of her case.
The respondent is directed to consider the petitioner for counseling scheduled on 15.02.2020, subject to eligibility for the post.
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HONOURABLE SRI JUSTICE D.V.S.S. SOMAYAJULU
W.P.No.3736 of 2020
O R D E R :
In view of the peculiar facts and circumstances of this case, the writ petition itself is being disposed of at the stage of admission.
Heard the learned counsel for the petitioner and the learned Government Pleader for Services-3 appearing for the respondents.
Counsel for the petitioner submits that the petitioner’s name was included in the initial seniority list dated 12.07.2019, but for unknown reasons, her name has been deleted in the seniority list dated 30.07.2019. He points out that the final seniority list was issued on 12.02.2020 and the name of the petitioner is not present. He submits that the petitioner has put in more than two decades of service and that she is otherwise eligible for being considered for the post in question.
Learned counsel for the respondents strongly opposes the same and states that the application moved is at the last minute and no consideration should be shown to the petitioner.
Learned counsel for the petitioner relies upon an order of this court in WP.No.2972 of 2020, wherein certain directions were issued.
2
This Court after considering the submissions and as the counseling is scheduled on 15.02.2020 (which is a Saturday), finds that if time is given to the Government Pleader to obtain instructions and argue the matter, the petitioner will suffer.
As rightly pointed out by the learned counsel for the petitioner, if she misses the counseling, her entire case would be gone.
Taking the submission of the learned counsel at the face value, this Court is of the opinion that the petitioner should be considered for counseling, which is scheduled to be held on 15.02.2020. The 3rd respondent is directed to consider the case of the petitioner for counseling, subject to the condition that the petitioner is otherwise eligible for the post.
With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous applications, if any pending, shall stand closed.
__ ________________________ D.V.S.S.SOMAYAJULU,J
Date: 13.02.2020 Note: Issue C.c. today. KLP
3 issues framed by the court
Whether the petitioner who was deleted from the seniority list ought to be considered for counseling scheduled on 15.02.2020.
Whether the petitioner suffers irreparable loss if instructions are not given to the Government Pleader immediately.
Whether the writ petition should be disposed of at the stage of admission in view of the peculiar facts and circumstances.
Petitioner
Government Pleader for Services-3
3rd Respondent
D.V.S.S. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
