K.NARENDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner seeking a Writ of Mandamus declaring the action of the respondents in issuing proceedings in RC. No. A/106/2020 dtd. 2/2/2022 as illegal, arbitrary and to set aside the same and consequently to declare the petitioner as senior to both the un-official respondents and accordingly grant the petitioner seniority and all other consequential benefits.

(2.) Brief facts leading to the filing of the present writ petition are that pursuant to selection in the examination of Public Service Commission, the petitioner was appointed as Hostel Welfare Officer Grade-II vide proceedings dtd. 16/8/2013. The petitioner was assigned 123rd rank by the Public Service Commission. Similarly, the 5th and 6th respondents were also appointed by the Public Service Examination as Hostel Welfare Officer Grade-II on 17/8/2013 and were assigned the 16th and 105th ranks by Public Service Commission respectively.

(3.) The Learned Counsel for the petitioner submitted that on 25/5/2015, the petitioner passed the Account Test Part-I and Part-II and on 27/5/2015, he passed the Revenue Paper Part I - Paper-I and accordingly, the petitioner's probation was declared on 16/8/2015. The 5th and 6th respondents passed the Account Test part-I on 16/12/2016 and 25/5/2016 respectively and their probation was declared on the said dates i.e., 16/12/2016 and 25/5/2016. The Learned Counsel for the petitioner submitted that in terms of rules 16 (g) of the Telangana State and Subordinate Service Rules, 1996, one has to pass the tests within two years of joining the post and admittedly, the 5th and 6th respondents did not pass the test within the stipulated time of 2 years, whereas, the petitioner passed the test within the prescribed time and therefore the petitioner should be considered as senior to the respondents in all respects in the cadre of Hostel Welfare Officer, Grade-II.