Suresh Vs The State of Telangana

Petition under Article 226 of lhe^{Constitutionof lndia praying that in the} circumstances stated in the affidavit^{filedtherewrth, the High Court may be} pleased to issue a writ or order or direction^{more in the nature of wrrt of} [\Iandamus to declare the^{impugned Proc Rc No 12171A112023d1.3O10&2023} issued by the 3rd respondent^{in contravention of Rules of Policy of Sub-Rule} 12(a) issued in G O Ms,No.2 SW^{dt.09/0112004 R/w instructionsissuedin} Rc No 173/UC -2|2OOO dl.1gto2l2oo1^{of the 2nd respondent and set aside the} same as illegal, unwarranted,^{unjust besides being violationof Articles 14 and 16} of the constitution of^{lndia and consequentlydeclare that the promotion order} dt.29l01/2009 of the^{petitioneris entitled to be restored withall consequential} benefits.

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IA NO: 1 OF 2023

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Petition under section 15'l cpc praying that in the ci', Lrmstances stated in the affidavit filed in support of the petition, the High cou-r -nay be pleased to suspend the impugned Proc Rc No 1217lA1t2o23 dt.30/08/2( 23 issued by the 3rd respondent pendrng disposal of the Writ petition.

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Counsel for the Petitioner: SRI A.RADHA KRISHNA

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Counsel for the Respondents: Gp FOR SERVICES I

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The Court made the following: ORDER

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HON,BLE MRS JUSTICE^{SUREPALLI NANDA}

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WRIT P ETITIO N^{No.26501 of2023}

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ORDER:

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Heard Sri A.^{Radhakrishna, learned counsel} appearing on^{behalf of thepetitioner and learned} Assistant Government^{Pleaderfor Services-I appearing on} behalf of resPondents.

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The oetitioner filed^{thewritoetition seekinqthe} followinq relief^:

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"... to issue a writ or order^{or direction morein the nature} of Writ of Mandamus^{to declarethe impugned ProcRc'} No.t217/AL/2O23 dt^{3Ol08/2023 issuedbv the 3'd} respondent in contravention^{of Rules of Policy of Sub Rule} 12(a) issued in^{G.O. Ms. No.2 SW dt 09/01/2004R/w} instructions issued^{in Rc. No' 173lUC-212000dt} Lg/Oz/zOOl of the^{2ndrespondent and set aside fhe same} as illegal, unwarranted,^{unjust besides being violation of} Articles 14 and 16^{of the Constitutionof indiaand} consequently^{declare that the promotion order dt} 2g/Ol/2OOg of^{the petitioneris entitledto be restored} with all consequential^{benefits and pass} ""'

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The case oF the^{petitioner,in brief, is that the petitioner} was appointed as^{Hindi Pandit Grade-I on 18'10'2002'The} petitioner belongs to Schedule^{CasteCommunity' The petitioner}

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had been promoted to the post of Gr.II HM in r ilrathi Medium School vide^proc. dt 2g.Ol.2OOg against Rost€r point No.2 on conversion as no femare sc candidate was avair rbre and joined as HM on 30.01.2009. The petitioner,s prorrr tion had been canceiled vide procs. dated 05.10.200g arong vv th others after nine months of the promotion to the post oF Gr. I HM in Marathi Medium School. The petitioner filed O.A. No. 1C l3B of 2009 in A P.A.r and the tribunar was preased to set aside he order dated 05.10.2009. The State Government prefer .r:d W.p. No. 8054/2010 and obtained interim suspension ;rcl later it was dismissed on 1O.OB.2O2Z. Thereafter the petir:i tner filed W.p. No. 25000 of 2O23 for implementation oF the O clers passed in O.A. No. 10938 of 2009 and it was disposed r f directing the respondents to take necessary action tor inr lementing the orders of the APAT vide Judgment dated 08.09, 023. The 3.d respondent issued the impugned show caus< notice dated 30.08.2023 to the petitioner. Aggrieved by he same, the petitioner approached the Court by filing ttr, present writ petition.

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(A) Th letter addressed to the Se reta rv to G ver ent E cati s.E e r en Gov rnm of Tel n a der d Di f ool Edu a on Tel ana tat der ad V' Lr.R o.1 SE II2 o da ed1 2 2 sex r cted re n f

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Madam,

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Sub: -School Education-Court Case-W. p. No.25000 of 2023 file by Sri Suresh, School Assistant (Hindi), ZpSS, Mudhole, Nirmal District- req uest for the promotion to the post to GHM Gr.II in the light of orders passed in W.P.No.8054/2010-Reg.

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Ref:- LR.Rc.No.1217/A1/2O23 date: 20.Og.2023, of Regional loint Director of School Education, Warangal.

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-oOo-

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I wish to submit that in the reference cited, the Regional loint Director of^School Education, Warangal submitted that, Sri Suresh, School^{Assistant (Hindi),} ZPSS Mudhole, Nirmal District has submittei a representation^on 09.06.2023 requesting to implement the orders of Hon'ble High^Court dated 10.08.2022 in W.p.No.8OS4/2OLO.

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In this regard, I submit that, Sri Suresh, School Assistant (Hindi) was^promoted as GHM Gr.ll vide Regional Joint Director of School Education, Warangal proc.Rc.No.309/AUZ7/ADILABAD DISTRICT/zoog^{dt:.29.O1.2009,} and he joined duty at ZPSS Marathi Medium,^{Mandal Tanoor.} In transfer counseling held in the month of )uly 2009,^he _was transferred to ZpSS U/M Basar vide RIDSE, Warangal^{vtde Proc.} Rc. No.309/A1lZPl ADB/Og, dt: t7.o7.2009.

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I submit that the Regional Joint Director of School Education, Warangal has reverted the individual vide proc. Rc. No.308/41lZP/ ADB/Og, dt:03.10.2009, and the District Educational Officer, Adilabad^{has posted} him as School Assistant (Hindi) at ZPSS

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Mudhole vide Lr.No.B111302S/REV/2009, dated: 05.1 1.2009 without giving him any opPortunitY.

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In this Regard, the individual^{hasapproachedAIAT and filedOA} No.10938 of 2009 with a^{prayer to direct the respon'l )llts to continue} the applicant as GHM Gr.ll^{at ZPSS Basar, MandalMucl cle.}

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I Submit that the Hon'ble^{Tribunalpassed int€ I rn orders in OA} No.10938 of 2009 dated.09.10.2009 as^follows:

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"In the mean time there shall be a direction to tle respondents to continue the applicant^{HM-II in their respectivepla:::;".}

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In this regard, I submit that,^{the Vacate pe'i i:n was filedin} ApAT with Vf4A No.2280 of^{2009and the Hon'ble .1 ).AT, Hyderabad.} The Hon'ble APAT has^{passedfinal orders in} OA No.10938 of 2009 with V.N4.A No.2280 of^{2009 & C.A No'11l2 of 2009on} l7 .O2.2OIO as follows:

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"In view of the above facts and circumstance:;^{lf the case,} the impugned orders dated:03.10.2009^{is:;' ed by the} Regional Joint Director of School^{Educationr:; ncelling the} promotion orders issued to the applicarrl ;^{and the} subsequent orders issued by the^{DistrictEduc I i'lnalOfficer} posting the applicant as School Assistants are^{r:t aside, by} leaving it open to the Regional loint^{Direc: r of School} Education, Warangal to^{pass appropriate l-ders after} putting the applicant on notice and by^{e)' lminingthe} representations to be submitted^{by the appli(.-Tts in detail} Till the disposai of the^{representations1l'ed by the} applicants by^{passing speakingorders stat-l -quo of the} applicants as on the date of^{issuance of : tl impugned} orders by the Regional loint^{Directorof Schc ll Education,} Warangal i.e., 03.10.2009 shall^{be maintaine,l}

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I submit that, the department has^{filed W.P.lc.8054of 2010 in} Hon'ble High Court with a^prayer to^{suspend tt'( judgmentof the} Hon'ble APAT dated 17.O2.2OlO in O.A.No.^{10938 cf :1009. The Hon'ble} High Court has granted interim stay in W.P.No.B0^{4 of 2010on the} orders of Hon'ble^APAT.

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Further I Submit that, the^indivldual was^{nformed that, the} Hon'ble High Court, Hyderabad^{has disposed WP lJ . 8054 of 2010 on} dated 10.08.2022 as^follows:

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"Learned counsel appearing for the 1'r respondent has contended that the Tribunal has merely set aside the cancellation order oF^promotion on the^ground that no notice was given to the I respondent and the Tribunal also gave liberty to the^petitioners to^put the 1'r respondent on notice and by examining the representations,^pass appropriate orders. Therefore, there are no merits in the writ^petition and the same is liable to be dismissed. Having considered the rival submission made by the learned counsel on either side. This court is of the view that the Tribunal has^merely directed the petitioners to set aside the impugned cancellation order of promotion of the 1't respondent on the ground that no notice was given to the 1't respondent. The Tribunal was^justified in setting aside the cancellation order of promotion as the impugned order was^passed in violation of the principles of natural^justice. Hence, this court is not inclined to interfere with the order passed by the Tribunal. Accordingly, the writ petition is dismissed".

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In this regard, I submit that, as per the guidelines issued by the Commissioner &^Director of^{School Education, AP, Hyderabadvide} Proc. Rc.No.^{173/UC-2/2OO0date:19.02.2001a tentative seniority list} of School Assistants under ZP Management^{were preparedand the} promotion committ6e has considered to effect medium wise^promotion for 2-7 6^posts in ZP Management,26l^{(T/M),13 (U/M) and 2 (M/M)in} earstwhile Adilabad district by following^{separaterosters for} promotions. The individual is shown at Sl.No.553 in the seniority list. There after he was^promoted as GHM Gr.ll^{in (Marathi Medium) vide} Regional Joint Director of School Education, Warangal vide^proc. Rc. No.309/A1/ZP /^ADB/ZOO9 dt:.29.01.2009.

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Further I submit that, as the promotion to the post of Head Master granted in the respective medium oF instruction, aggrieved there by some senior School Assistants filed appeals dt:30.01.2009 contending that they were^{wrongly ignoredwhilepromotingtheir} juniors. On the ground that no orders are passed on their appeals, they have invoked the^{jurisdiction of the Hon'bleTribunal by filing} OA No.442t/2O09,442O/2OO9,4422/2009 & 4419/2009. The Hon'ble Tribunal passed interim orders on 18.03.2009 directing the respondents to^pass appropriate orders on the representation made by the applicant on 03.02.2009 as^per rules with in a^period of four weeks.

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Further I submit that, the detailed report was submitted to the C&DSE.AP., Hyderabad seeking clarlficatlon vide LR.No.B1/ 13025/

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REV/2009 dr:05.05.20091 l1ying noticed that the prc lorions granted were not proper. The C&DSE, ne. nyau.ibid- o'rd e 1 <i for review of service particutars constituted promotions. for As per verificalfor the^{ti1i.,:f,-tl"} _directions^{certificates,} 'J ilirsE, a .serr^)ritv committee ano otneiwas committee .,ur[t"j' L" ."#[? -'J:ffit"# ,?t"^t] ,,9,,";XL,tr committee, proposals in respect of eligible..njio.t,, for promotjons and the rist or.;uniors who were -errone-ousry pro.ot", ,,vere submitted bv the Disrri* Educationar .officer, narrr6Ji"io'rr, Regionar Joint Director of School Education, Wu.ungui.^- '-"" '"

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In this regard I su^bmit that, the then Regiona Jr:int Director of School Education, Warangat reviewed th";.o;;ii;n,: rr, issued orders promotins etisible School As,sisranrs ;.;";J;; i;:;nir ty as GHM Gr.tr duty revertinq and canceltint lt " p."rn"iPn'"o".1"r,, of ( 10) junior schoot Assistants vide o.oc. Rl.ruo. :0 ei ithi; i ei,it i r, dt : 03. 10. 2009. and requested the District eo*",i"ri"i'b-#iJi".o,,.o"o to reverr candidates as School Assistants. eosting o.Oe.!'tl th,r r.uurt"d School Assistants inctudinc ,n. "^ui,Ilol"j ", S.i*iirrirlun, ,u.u issued vrde DEo, Adia bad rr. no. a r/ i :ozslnrv/100g,"6,, iii. iii. r,, r.

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I submit that, in t.erms of provision in Rure-: as notified vide G'o'Ms No'10, dr.23.01.2009, ""i,"." i"'i;"'';;:". ir is menrioned that in Marathi Medium Higi schoors,-il" ;"';i; oitn, or.,, shourd be filled with School Assistants of Marathi piJrrn''""0 )1e must come within the Zone of consideration ;r-ri.tr" "i i.,i',t., , on review of the matter and on examination_of 'rp".i"i irf''ri,,, ld vide G.o.Ms No.9., Edn, dr.23.01. 2009 .and C.O.ms ru". rO7ia"".,'0, ed : 23.01. 2009, the C&DSEAp, Hyderabad .^{n", .uniL"a'i'n'"I.''} "u,r^{3r oroceedinqs} issued vide proc. Rc. No.^ 173lUC-2Zzooo ii,''ig.o;.lJ0r and proc. Rc.No.2/prc/09 date: :o-or zoos.^-n**ji"g a'iri" erid orders, the l!:n. IJD:Et^{Warnagat has} .reviewed tf," c-nrv-ir.rr ,.omotions and considered the eligible candidates fo.- p.oilotion" dLrl , reverting the Junror most School Assistants who got p.o.oi;; unrt, r Urdu lvledium [..rv".jouuor,, p/ADB/os dr: 6l:r..16;-r^{Mediumvide p-i. -}

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In this regard, it is. submitted that the Hon,ble l igh Court, has passert orders in wp No.8054 of 20L0;;bI ;0.il.;021as folows:

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"The Tribunar was JUStiFied in sefting aside the c r lceration -" ; passed in order of promotion as the irprgne; "io I]"lT"l^{of the principre, or nuiriii} i,i#". ;., rhis courr i,J,lj"ili,,r"o^{ro interfere}itn iliu-LrJ"r'-pass:J by the

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I submit that, Sri Suresh, School Assistant (Hindi), ZPSS Mudhole, Nirmal District has submitted a representation on 09.06.2023 requesting to implement the orders of Hon'ble High Court dated 1O.O8.2022 in W.P.No.8054/20tO. In this regard a show cause notice was issued to hrm vide this office Proc. Rc.No.7217 / AL/2023, Dt:30.08.2023 as why his promotion shall not be cancelled, later the said show cause notice was cancelled vide this office Proc. Rc.No. t277 / Ar/ 2023, Dt: 19.09.2023.

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I submit that, the petitioner agarn filed W.P.No.25000 of 2023. The Hon'ble High Court has disposed the W.P.No.25000 of 2023 on 08.09.2023 with the following order

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Having regard to the fact that the representations of the petitioner are pending and there is also a Court order in favour of the petitioner, this Court deems it fit and proper to direct the respondents to implement the orders of the Tribunal dated 77.02.2010 in o.A.No. 10938 0f 2009 and dispose of the representations of the petitioner. The entire exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs.

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In this regard it is submitted that, the petitioner is still working as School Assistant (Hindi). In order to implement the Hon'ble High Court orders, the^petitioner has to be restored as GHN4 Gr.ll w.e.f. 03. 10.2009.

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In this regard, I submit that, the Regional Joint Director of School Education, Warangal has requested to take necessary action to impiement the order of Hon'ble APAT in OA.No. 10938 of 2009, order of Hon'ble High court dated 10.08.2022 in w.P.No.8054 of 2010 and order dated 08.09.2023 in W.P.No.25000 of 2023 to avoid legal complications.

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Therefore, I am herewith enclosrng a copy of the report submitted by the Regional loint Director of School Education, Warangal with a request to issue necessary orders for implement the order of Hon'ble APAT in OA.No. 10938 of 2OO9, order of Hon'ble High Court dated 10.08.2022 in W.P.No.8054 of 2010 and order dated 08.09.2023 in W.P.No.25000 of 2023 to avoid legal complications in the matter

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Encl:- As above.

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Yours fa ithfu lly.

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Director, School Education

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(B). Th ve rm e nts made in the cou nter affidavat fit n eh lfofr ondent No.3 and in pe rticu[a r Dara Nos.1O nd 11 ar extracted hereunder:

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"1O. It is respectfully submttted that the^{Pet I} oner name was also^{included in the seniority ltst for ll rpromotion} counseling^{to the post of Gazetted Head Maste r (ir.IIwhich} was held on^{24.O9.2023.,He stoodat Sl.No. (;00 in the} seniority^{list but he did not come into the zone o} l)romotion.

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It is^{respectfully submittedthat a deli iled report} has been submitted^{in the matterto the )irector of} Schoot Education,^{Telangana, Hyderi} bad^vide Lr.Rc.No.1217 IAL/2023,^{Dt: 20.O9.2023explaining} the facts and^{requestedto take necessar)action for} implementation of^{the orders of Hon'ble I PAT Dated} 17,O2.ZOLO in^O.A.No.1O93a of^{2OO9,I-tr n'ble High} court orders^{dated1O.O8.2022 in W.P.No.€:(54 of 2010} and Hon'ble^{High court ordersdated Oti, 19.2023in} W.P.No.25OOO of^2023. In turn the^{Direct( r} of^School Education has submitted report to the^{( overnment} vide Lr.No.1312lSER.lIl-2/2023, lated : 10.11.2023,^{The matter is under} the^eE! O[Atig!!--ef eG vern n

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(c). The relevant oortion of thr: order dated LO.O8.2O22 o W.P. No. 8054 of :: .O is extracted

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h ereu n der:

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"Having considered the rival submissions r ade by the learned counsel on erther side, this Court is o' lre view that the Tribunal has merely directed the^petitione r ; to set aside the impugned cancellation order of promotir rr of the 1't respondent on the ground that no notice was I ven to the 1't respondent. The Tribunal was justified in se:1 ng aside the

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cancellation order of promotion as the impugned order was passed in violation of the principles of natural justice. Hence, this Court is not inclined to interfere with the order passed by the Tribunal.

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Accordingly, the Writ petition is dismissed. No costs.,,

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D. Th rel nt rti n t h or r a d th Tr bun linO. No.l 938 20 with AN .22 of 20 9&C .A .No.11 O2 of 2OO9 on L7.02.20 10, in partic ular Dara No.g i s extr cted hereund er: -

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"In view of lhe above facts and circumstances of the case, the impugned orders dated:03.10.2009 issued by the Regional loint Director of School Education cancelling the promotion orders issued to the applicants and the subsequent orders issued by the District Educational Officer posting the applicant as School Assistants are set aside, by leaving it open to the Regional loint Director of School Educallon, Warangal to pass appropriate orders after putting the applicant on notice and by examining the representations to be submitted by the applicants in detail. Till the disposal of the representations filed by the apDlicants by passing speaking orders status-quo of the applicants as on the date of issuance of the impugned orders by the Regional loint Director of School Education, Warangal i.e., 03.10.2009 shalt be maintained',.

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I I I i I i t I

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DISCUSSION AN D^CONCLUSION:-

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5 The I arned counsel aoDeafln o on rehalf fth itio n r mainl u -forth the follo ln t bmissions:-

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a) The^{petitioner herein had approachedthe I ribunal by filing} O.A. No. 10938 of^{2009 with prayer to direct ttrrespondentsto} continue the^{petitioneras HM Gr.lI at ZPSSI esara (Uf''4). MP} Mudhole. The Tribunal^{passedinterim orders i-} 'f^{.A. No. 10938} of 2009 dated 09.10.2009^{directingthe rcspon( €'nts to continue} the petitioner HM-II^{in the respective places ; rd subsequently} the Tribunal passed^{final ordersin O.A. No. I ()' -38 of 2009 with} VMA No. 2280 ot 2009 & C.A. No.¹¹⁰² of 20:) on^{7f .02.2070} in favour of the petitioner.

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b) The State Government had filed W.P.^I\l l. 8054 of 2010 against the Judgment dated 77.02.2010^pas;ed in O.A.^No. 10938 of 2009 in petitioner's favour and the s; rle was dismissed on 10.08.2022 stating that the tribunal was^jr;tified in setting aside the cancellation order of^promotion as tlt I impugned order therein was passed in violatron of the prir:iples of natural justice.

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c) The petitioner submits that the petitioner,s name was arso included in the seniority Iist at Serial No.553 for the promotion to the post of HM Gr.II but however, the petitioner,s case did not come into the zone of promotion and further a detailed report had been submitted in the matter to the Director of School Ed u catio n, Telangana State, Hyderabad vide Lr.Rc.No. t2l7 / A7/2O23, dated 20.09.2023 requesting to take necessa ry action for implementation oF the orders oF APAT dated 17.02.2010 in O.A. No.10938 of 2009 and this Court passed an order dated 70.08.2022 in W.p. No. 8054 of 2010 and an order dated 08.09.2023 in W.p. No. 25000 of 2023 and in turn the Director of School Education had submitted report to the Government vide Lr.No. 1312/SER.III_2/2023, dated 10.11.2023 and the matter is under examination since 2023 and no orders had been passed as on date.

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B s ont e fore id ubm slon th ne counsel a^pDea ra nqon behalf of the petitionerco ntends he titi er en tled for he reli f as ra df bv the oetition er rn th Dres nt writ oetition.

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6 hel ar ed tan tn u nsel laci n reli ce th AV r t m de n he co ter f idavi filed alf

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resDondent No.3 in D a rticular o ara N,l; .1O and 11 (referreLtoandextracted above) contend r that the writ oetition could be disoosed of directinq the^r;overnmen exa[u i h e subiect issue and take a deci ion as^per the reDort forwarded bv the Director of Schoc^I Education to the Government vide Lr.Rc.No. 1 312lsr: r rtt-2/2023, dated 1O.11.2023^(referred to a nd extract€. above).

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The learned counsel appearing on behalf of the petitioner does not dispute the said subnr ssion made by the learned Standing Counsei appearing o r behalf of the respondent No.3. Upon consent of learr ed counsel on record, the following order is passed

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8. Takinq into consideration:

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(a) The aforesaid facts and circurr stances of the case,

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(b) The submissions of the l,: rrned counsel appearing on behalf of the petitionr: , the learned Standing Counsel appearing on behalf of r:spondent No.3 and the learned Assistant Governme I t Pleader for Services-I, appearing on behalf of responrl:nts,

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(c) The averments made in the counter affidavit filed on behalf of the respondent No.3 and in particular para Nos.1O and 11 (referred to and extracted above),

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(d) The discussion and conclusion as arrived at para Nos.s to 7 of the^present order.

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The writ net tion is dis rlosed of directin rr fhe resoondent No.1- to take into consideration the order dated 17.O2. s dinO No. 1O938 of 2OO9 in favour of the^petitioner herein and the order dated 2 ssed in W.P. No. 25 t2 2 examine the reDort submitted bv the Director of School Education to the Government vide Lr.No.1312/SER III2 20 dated 1 .11.2O23 and ass a ro riate orders on the subiect issue within a oeriod of three⁽³⁾ weeks from the date of receipt of a copv of the order, in accordance to law. in conformitv with^p rincioles of natural iustice bv

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ft ra!v idin oa n nnnftrt unttvrr f ne f srl n A h AI rn.! t.r fha Detationer, dulv considerinq the reDresentation of the Detitioner da d 09.06.2023, seekinq imp lementation of the order dated 1O.08.2022 oassed in W.P. No. 80 5 4of 2O1O in favouLof the^p etitioner^(referred to and extracted

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above) and dulv communicate the deci ;ion to the petition e r. However, there shall be no orde f rs to costs.

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As a sequel, the miscellaneous lletitions, if any pending, in the Writ Petition shall also stand^,t tsed.

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ST/ K.BHAVANI SWAMY ASS ISTANT REGISTRAR

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