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2025 DIGILAW 1391 (TS)

Pushpalatha v. State of Telangana

2025-11-04

SUREPALLI NANDA

body2025
ORDER : Surepalli Nanda, J. Heard Sri P. Narasimha, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 and 2. 2. The Petitioner approached this Court seeking the prayer as under : “To issue a Writ, Order or Direction, more in the nature of Writ of Mandamus declaring that the petitioner is entitled for promotion to the post of Deputy Collector based on her seniority and eligibility with effect from the date on which she was deprived of her promotion while considering the cases of juniors vide G.O.Rt.No.162, Revenue Department, dated 3.6.2023 with all consequential benefits including seniority, pay and allowances etc., by holding the action of the respondents in not considering the just claims of the petitioner for promotion to the post of Deputy Collector while considering the case of her juniors vide G.O.Rt.No.162, dated 3.6.2023 without any justification or reasonable cause on the untenable ground of pendency of Writ Petition No.23208 of 2021 with regard to challenging the revised selection list dated 10.05.2018 is as being illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and pass such other order…” 3. The case of the petitioner, in brief, is that the petitioner was originally selected and appointed as Deputy Tahsildar during March, 2005 pursuant to Advertisement No.10/99. Subsequently, the petitioner was promoted as Tahsildar during the year 2011. The services of the petitioner were regularized and probation was also declared in the said cadre. It is further case of the petitioner that the Petitioner was not promoted to the post of Deputy Collector on par with persons who were revised selection list published on 10.05.2018. The petitioner had challenged the said revised selection list in W.P.No.23208 of 2021 before this Hon’ble High Court and the Division Bench of this Hon’ble Court issued interim directions directing the respondents not to disturb the petitioner from the post and continue the petitioner in such post until further orders and the said Writ Petition is pending disposal. Hence, the petitioner filed the present writ petition for the promotion to the post of Tahsildar as per the petitioner’s seniority and eligibility. 4. Hence, the petitioner filed the present writ petition for the promotion to the post of Tahsildar as per the petitioner’s seniority and eligibility. 4. PERUSED THE RECORD : (A) This Court passed interim orders dated 23.04.2024 in I.A.No.1 of 2023 in the present W.P.No.18441 of 2023 in favour of the petitioner observing as under: “Heard both sides. Learned counsel for the petitioner submits that pursuant to the Notification No.10/99, the petitioner was appointed as Assistant Commercial Tax Officer during March, 2005. Thereafter, she was promoted to the post of Tahsildar. Thereafter, her services were regularized in the said cadre and probation was also declared. Therefore, she is entitled for further promotion to the post of Deputy Collector based on her seniority and eligibility. While so, the Public Service Commission has again revised the selection list, published the same on 10.05.2018 and the name of the petitioner was not included in the said list to any of the post. Aggrieved by the same, petitioner approached this Court by way of W.P.No.23208 of 2021 and this Court passed interim order directing the respondents not to disturb the petitioner from the post petitioner is actually holding and continue her in such post, until further orders and the said writ petition is still pending. It is further stated that as per seniority, petitioner is entitled for promotion to the post of Deputy Collector along with others; however, the respondents are not considering her case for promotion to the said post. It is further stated that as many as 18 Deputy Collectors viz., Mr. M.Jayachandra Reddy and 17 others, who are similarly situated to that of petitioner were already promoted as Deputy Collectors and posted to different departments. Therefore, petitioner is entitled for promotion to the post of Deputy Collector on par with the above persons. Learned counsel has drawn the attention of this Court to the interim order dated 06.07.2023 passed in W.P.No.15195 of 2023, wherein, this Court has considered the request of a similarly situated person and directed the respondents to consider the case of the petitioner therein for promotion to the post of Deputy Collector. Though the petitioner has specifically raised a plea that the cases of similarly situated persons were considered, no specific reply has been made in the counter affidavit. Though the petitioner has specifically raised a plea that the cases of similarly situated persons were considered, no specific reply has been made in the counter affidavit. In view of the above, there shall be interim direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy Collector, in accordance with law, as was done in the cases of similarly situated persons. DISCUSSION AND CONCLUSI ON 5. Learned counsel appearing on behalf of the petitioner submits that the order passed in favour of the petitioner in I.A.No.1 of 2023 in the present W.P.No.18441 of 2023 dated 23.04.2024 had not been implemented as on date. Learned counsel for the petitioner further submits that under the similar circumstances, the respondents had considered the case of few employees and they had been promoted and therefore, the promotion of the petitioner cannot be withheld. 6. Learned counsel appearing on behalf of the petitioner placed reliance on the Judgment dated 28.06.2024 passed in W.P.No.5325 of 2024 and also the Judgment dated 11.04.2025 passed in W.P.No.29945 of 2023 and contends that equality of treatment among the similarly situated employees is a fundamental mandate under Articles 14 and 16 of the Constitution of India, and several employees who were selected pursuant to the same notification 10/99 had been promoted to the post of Tahsildar pending disposal of the writ petition filed by the respective parties. 7. Learned counsel appearing on behalf of the petitioner further placed reliance on para 9 of the affidavit filed by the petitioner in support of the present writ petition and contends that the Government as a model employer cannot take differential yardstick from department to department and therefore the request of the petitioner for promotion to the post of Deputy Collector on par with persons who were re-allotted during 2017 and 2018 to the same post cannot be delayed any further and the claim of the petitioner needs to be considered. 8. Learned Assistant Government Pleader appearing on behalf of the respondents placing reliance on the averments made in para ‘5’ of the counter affidavit contends that the petitioner is not entitled for grant of relief as prayed for in the present writ petition in view of the interim directions passed in W.P.No.23208 of 2021 which is in force as on date. Learned Assistant Government Pleader appearing on behalf of the respondents placing reliance on the averments made in para ‘5’ of the counter affidavit contends that the petitioner is not entitled for grant of relief as prayed for in the present writ petition in view of the interim directions passed in W.P.No.23208 of 2021 which is in force as on date. Learned Assistant Government Pleader further submits that in pursuance to the interim orders granted in favour of the petitioner on 23.04.2024, in the present writ petition no orders have been passed as on date. This Court opines that the plea of the respondents that it is not feasible to promote the petitioner unless the orders passed in W.P.No.23208 of 2021 are vacated is baseless and not tenable. This Court opines that the plea of the respondents that the petitioner is discharging the duties in Telangana State based on the stay orders passed in W.P.No.23028 of 2021 and on the said ground alone the case of the petitioner for consideration of promotion to the cadre of the Deputy Collector cannot be rejected or delayed, and the same is very unreasonable and illogical. 9. TAKING INTO CONSI DERATION: A) The aforesaid facts and circumstances of the case, B) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader appearing on behalf of the respondents, C) The interim orders dated 23.04.2024 in I.A.No.1 of 2023 in the present W.P.No.18441 of 2023 (referred to and extracted above), D) In the light of discussion and conclusion as arrived at paras 5 to 8 of the present Judgment, The writ petition is disposed of in terms of the interim orders and the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Collector, on par with the cases of similarly situated persons in other departments, in accordance to law, within a period of four (04) weeks from the date of receipt of copy of the order and duly communicate the decision to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.