K. ASHOK Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed aggrieved by the impugned Memorandum Rc.No.217/Rect./Admn.I/2017 dtd. 27/11/2017 issued by the respondent No.2 wherein the claim of the petitioner for appointment to the post of SCI SI (Civil) in Zone-V under Ex-Servicemen Category pursuant to the Notification Rc.No.1/Rect/Admn.1/2016 dtd. 06.02.2016 has been rejected though the 1st meritorious candidate submitted unwillingness letter, in spite of the fact that the petitioner is next meritorious candidate, as being illegal, arbitrary and unconstitutional

(2.) It is contended that the petitioner rendered 16 years of service in Indian Army and obtained voluntary retirement. Pursuant to notification issued by the respondent No.2 on 06.12.2016 for filling up various posts in Police Department including SCT SI 's (Civil/AR/TSSP), the petitioner applied for the post under Ex-Servicemen quota. He participated in the selection process with Registration No.1091826. In his application form, he gave his preference to the post of SI Civil including other options. He secured 288 marks in the written examination and was selected to the post of SCT-RSI (TSSP) as per merit. The respondent authorities issued appointment orders appointing the petitioner as SCT-RSI (TSSP) under Ex-Servicemen category in the year 2018. He had been discharging his duties since then.

(3.) It is stated that along with the petitioner, two persons applied under Ex-Servicemen quota i.e. Venkat Krishna, who secured 310 marks and Mahender Mashireddy, who secured 304.50 marks and they were selected for the post of SI Civil. Likewise one Rama Krishna Podili, who secured 284.50 marks, was selected as Station Fire Officer. Though petitioner got 288 marks and entitled to the post of Station Fire Officer, his claim was not considered on the ground that he has not opted for that post. It is further stated that even before selection process commenced, the said Venkat Krishna, who got 310 marks and stood at first place in the merit list, submitted unwillingness letter dtd. 12.09.2017 to the respondent No.2 for joining to the post of SI (Civil). In his letter he stated that he was already selected and appointed in the banking sector under Ex-Servicemen category. Knowing the fact that the petitioner is the next meritorious candidate, securing 288 marks and entitled for the post of SI (Civil), the petitioner submitted an application dtd. 18.09.2017 to the respondent No.2 for change of post code preference from RSI (TSSP) to SI (CIVIL) under Ex-Serviceman quota, as Venkat Krishna gave his unwillingness letter. The petitioner submitted representation dtd. 05.11.2017 but the authorities erroneously and arbitrarily rejected the same vide impugned memorandum dtd. 27/11/2017 stating that " ..the vacancy of another selection candidate who is not willing to join as SCT SI (Civil). You are informed that as per Government G.O.Ms.No.544, GA (Ser.A) Department dtd. 04.12.1998, the fallout vacancies, if any, due to relinquishment and non joining etc., of selected candidates shall be notified in the next recruitment ".