K. SHYAM RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. Prabhakar Chikkudu, learned counsel for the petitioners and Mr. A.Sanjeev Kumar, learned Special Government Pleader attached to the Office of learned Additional Advocate General appearing for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioners have prayed for the following relief: For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble High Court may be pleased to issue writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in issuing impugned G.O.Ms.No.03, School Education (Ser.II) Department, dtd. 23/1/2023, G.O.Ms.No.05, School Education (Ser.II) Department, dtd. 25/1/2023 and Telangana School Educational Service Rules for the posts of Head Masters, Grade-II (Gazetted) in Zilla Parishad Schools in Telangana vide its and issued guidelines vide its Proceedings Rc.No.565/Trans/Ser.IV-2/2022, dtd.:26/1/2023 by non-considering the promotions of the petitioners from School Assistants to Panel Grade Head Masters - Grade - II and Secondary Grade Teachers (SGT) to School Assistants is an ultravires, illegal, ex-facie, arbitrary, discriminatory, unjust, unfair, whims and fancies and irrational, unreasonable, unlawful, unconstitutional and in violation of principles of natural justice and also in violation of Articles 14, 16, 21 and 309 of the Constitution of India and against to the Catena of Judgments of an Apex Court and this Hon'ble Court and set aside the same and consequently direct the respondents not to implement the impugned Service Rules, 2023 till disposal of the W.P.No.16255 of 2022, which are pending before learned Single Judge and pass such other order or orders as this Hon'ble High Court may deem fit and proper in the circumstances of the case.

(3.) From a perusal of the above, it is seen that petitioners have questioned the constitutionality of G.O.Ms.No.03 dtd. 23/1/2023, G.O.Ms.No.05 dtd. 25/1/2023 and the proceedings dtd. 26/1/2023. The challenge has been made on the ground that the said government orders and the proceedings were issued without considering promotion avenues of the petitioners from School Assistants to Panel Grade Head Masters - Grade II and from Secondary Grade Teachers to School Assistants.