SUNIL KUMAR Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner in this petition has made three fold prayer.

(2.) The facts, in brief, as stated in the writ petition, which are necessary for the disposal of this petition, may be noticed.

(3.) It may be noted that respondent No.1, vide his communication dated 03.09.2015, had sought some clarification from respondent No.2 with regard to the petitioner's fulfilling the conditions of eligibility for grant of RBA certificate. The matter was clarified and it was recommended that the petitioner was eligible to be issued the RBA certificate under the provisions of the Reservation Act and the rules framed thereunder. The matter, it is contended, is pending before respondent No.1, but no decision has been taken so far. It is, thus, the contention of the petitioner that while the genuine grievance of the petitioner is pending redressal before respondent No.1, the respondents have issued another tentative seniority list of Jr. Engineers (Civil) Diploma Holders of PHE, I &FC Department vide Circular No.01-PHE, I &FC (Hyd) dated 06.01.2017 as it stood on 01.01.2016 and in the said list, the name of the petitioner is missing which otherwise should have been between S.Nos.742& 743. The petitioner made another representation through proper channel for inclusion of his name in the seniority list, correction of his date of birth as also to incorporate the name of the petitioner against the RBA category in the seniority list of Junior Engineers (Civil) Diploma Holders. The said representation submitted by the petitioner has been forwarded by respondent No.2 by way of his communication dated 07.02.2017, but without taking any decision in the matter, the respondents are proceeding ahead to accord further In-charge promotions, and the respondent No.1 vide communication dated 21.06.2018 has directed respondent No.2 to furnish the last three years APRs, integrity/work and conduct details of diploma holders In-charge Assistant Engineers for their promotions. The name of the petitioner has neither been reflected in the said communication nor the requisite correction as prayed for by the petitioner has been done and the matter has been kept unnecessarily pending.