Writ appeal against a stay order on government promotions. Bench noted an identical issue was adjudicated earlier and disposed of the appeal without costs under the same precedent.
Appeal disposed of without costs, remaining miscellaneous applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3318 ]
F.
HIGH COURTFOR THE STATE OFTELANGANA AT HYDERABAD
TUESDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLESRI JUSTICE ABHTNAND KUMAR SHAVILI AND
THE HON'BLESRI JUSTICENAMAVARAPU RAJESHWAR RAO
WRIT APPEAL NO: 1002 OF 2023
Writ Appeal underclause15 of the Letters Patent PreferredAgainst the Order Daled. 19tO812023in W.P. No. 5922 of 2023 on the file of the High Court.
Between:
.AppELLANrs/pETrroNERS
AND
Counsel for the Appellants:SRI P. V' KRISHNAIAH
Counsel for RespondentNo. 1: SRI P. RAMA SHARANA SHARMA
Counsel for RespondentNos. 2 to 4: GP FOR SERVICES- |
The Court made thefollowing: JUDGMENT
THE HON'BLE SRI JUSTICE ABHINAND KUMA R SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Appeal No .lOO'.2 of 2023
JUDGMENT: per HatL'btc SrL Justrce AbhiLand Kl/nar Sh()uitL)
When the matter is taken up for hearing, learned counsel for the appellants had contended that the appellants are not made as parties to the writ petition and the learned Single Judge has stalled the entire promotions to the post of Junior Lecturers only on the ground that the u,rit petitioner/respondent has filed the r.l,rit petition contending that earlier they were working as V.R.O and the post of V.R.O has been abolished vide Act No.lO of 2O2O ttnd. after abolition of lhe post of V.R.O, the State (]overnment has redeployed the V.R.Os to other departments as Junior Assistants. The writ petitioner and contesting respondents were claiming that their earlier seniority rendered in the post of V.R.O should be counted for the purpose of hxing the seniority in the cadre of Junior Assistant and when the r:quest of the writ
2 AKS,] & ]AK,J !1'a 1002 20-.3
petitioner and contesting respondents was not acceded, the writ petitioner and contenting respondents have approached this Court by hling tlie subject W.P.No.5922 of 2023 and batch and the learned Single Judge of this Court vide order, dated 19.08.2023 in I.A.No.7 of 2023, was pleased to stall the entire promotions to the cadre of Junior Lecturers. Aggrieved by the same, the present Writ Appeal is I-rled with the leave of the Court. Learned counsel for the appellants contended that the identical issue was considered by this Court in W.A.No.893 of 2023 and this Court was pleased to dispose of the said writ appeal with the following observations:-
"This Court, hauing considered the iual submissions made bg both the porties, is of the considered uiettt that the learned Single Judge has stalled the entire promotions in the Health Department, therebg affecting the administration. therefore, this Court is of the considered uiew that the official respondents be pennitted to make promotions on Ad,hoc basis tn the interest of Administration and if tLre contesting respond.ents succeed in the said tait petition, their cases haue to be ieneued, euen tle Adhoc promotions, so effect also, haue to be reneued and. then regular promotions can be effected subject to outcome of the u_trit peition.
With the aboue said obseruations, the ord_er, dated 28.08.2023, passed in I.A.No.1 of 2023 in W.p.No.23780 of 2023 bg the learned Single Judge of this Court is modifted and_ tie turit appeal is disposed of according Ig. "
h
AKS, J & ]AK,-] ,"a 1002 2023
3
, I
Hence, the present Writ Appeal IS liable to be disposed of in terms of the orders passed ln W.A.No.893 of 2023, dated 12.C,9.2023.
;ai:
AKS,] & -]AK,] 4 rva I002 2023
submissions made by theparties is of the view that
this Court has already disposedof the writ appeal i.e., W.A.No.893 of 2023, dated 12.09.2023and in identical circumstances, thepresentWrit Appeala-lso deserves to be disposed of in terms ofthe said writ appeal, dated 12.O9.2023.
As a sequel, miscc:llaneous applicationspending
if any, shall stand closed.
SD/- CH.VENKATESWARULU DEPUW REGISTRAR //TRUE COPY// .,i 't SECTION OFFICER
(Along with a copy of Judgment in W.A. No. 893 of 2023, dated,12.09.2023) MBC GJrd
r
HIGH COURT
DATED: 1711012023
JUDGMENT
WA.No.1002 of 2023
c B 1HE SI4 /6
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S2l.-. t-\ cO *
DISPOSING C)F THE WRIT APPEAL
WITHOUT COSTS
I
/,,,
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAIESHWAR RAO
WRI APPEAL No.893 oF 2()23
JUDGMENT: (per AKS,I)
This Writ Appeal is filed aggrieved by the interlocutory order, dated 28.08.2023, passed in I.A.No.1 of 2023 in W.p.No.23780 of 2023 by a learned Single Judge of this Court.
1':
AKS,J & RRN,J W.A.No.893 of 2023 2
workingin the PublicHealth and Family Welfare Department y,de proceedings, dated 26.O1 .2023, where n the contesting respondents wereplaced at the bottom of the seniority list. Aggrieved by the preparation of the finar seniority rist by the official respondents, the contesting respondents approached this Court by firing w.p.No.23780 of 2023 contending that the earlier services rendered by them as Village Revenue Officers should be counted for the purpose of fixing the seniority, but, however, the conte:;ting respondents have not impleaded the affected persons, as such, the said afFected persons filed the present appear. The rearned Singre Judge of this court vlde order, dated 28.08.2023 in I.A. No.1 of .1023, has stalled the entire promotions till the disposal of W.p.No.:t725 of 2022 and batch, which is pending before the Division Bench of this Court, wherein there was a challenge to the Act 10 of 2020.
AKS,J & RRN,J W A.No.E9i of2023 3
I I I I
r.t
promotions are stalled pending adjudication by a Division Bench, the entire administration would be put to inconvenience and the chances of promotion of the appellants would be severely affected. Therefore, appropriate orders be passed in the Writ Appeal by setting aside the order passed by the learned Single Judge of this Court in I.A.No.1 of 2023 in W.p.No.23780 of 2023, dated 28.08.2023 and allow the Writ Appeal
t=
AKS,J & RRN,J W.A.No 893 o1 2023 4
Village Revenue Officers, had rendered more than twoto three decades of service as Village Revenue Oficers.If the earller services rendered by the contesting respondent:;are not taken into account while determining the seniority, then they would beput to irreparable loss and serious hardship. Therefore, thelearned Single Judge was justified in stalling the entire promotions pending adjudication by the Division Bench of this Court, wherein ther Act No.10of 2020 is under challenge. Therefore, there are no meritsto allow the writ appeal.
L With the above said observations, tl-re order, dated 28.08.2023, passed in LA.No.1 of 2023 in W.P.No.23780 of 2023 by the learned
AKS,J & RRN,J W.A.No.89l of 2023
rf
5
Single Judge of this Court is modified and the Writ Appeal is disposed of accordingly. There shall be no order as to costs.
Miscellaneous Applications, if any, pending in this Writ Appeal shall stand closed.
ABHINAND KUMAR SHAVILI, J
NAMAVARAPU RAJESHWAR RAO, J
Date:12.09.2023. ssp
B. Ratna
Janimiya
Sanoumuri Balakrishna
The State of Telangana
Abhinand Kumar Shavili
Namavarapu Rajeswar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
