Telangana government told to appoint petitioner as junior assistant based on merit

Justice T Madhavi Devi was hearing a writ petition filed by T Gopal, an unemployed individual, challenging the action of the chief GM of TGSPDCL.
Telangana High court
Telangana High court

HYDERABAD: Justice T Madhavi Devi of the Telangana High Court has directed the state of Telangana, represented by its chief secretary (GAD), principal secretary (Energy department) and chief general manager of Telangana State Southern Power Distribution Company Limited (TGSPDCL) to appoint petitioner T Gopal as a junior assistant-cum-computer operator based on his merit.

This decision has to be executed without reference to the Presidential Order issued by the chief secretary, specifically GO 124 dated August 30, 2018, and GO 132 dated September 1, 2018, along with all consequential benefits.

Justice T Madhavi Devi was hearing a writ petition filed by T Gopal, an unemployed individual, challenging the action of the chief GM of TGSPDCL.

The impugned proceedings, dated April 9, 2021, pertained to the post of junior assistant-cum-computer operator and the implementation of the Presidential Order in the notification dated September 28, 2019. Gopal argued that this action was illegal, arbitrary, discriminatory, unjust, unfair, unlawful, and unconstitutional. He claimed it violated Articles 14, 16, 19 and 21 of the Constitution of India and principles of natural justice, contending it was contrary to the Presidential Orders issued by the chief secretary.

The petitioner's counsel highlighted that a similar issue had previously been addressed by the court in February 2024. In that batch of writ petitions, the court ruled that the Presidential Order would not apply to these cases, and respondents could not apply the rule of reservation to local candidates for the post of junior linemen. Counsel argued that the same judgment should be applicable to Gopal's case, requiring the respondents to follow and apply this precedent.

The standing counsel for the respondents argued that Gopal had earlier filed a writ petition, which was disposed of with directions to consider his representation. Since he did not challenge the notification or Presidential Order in his earlier petition, they contended he could not raise these grounds now.

Justice Madhavi Devi rejected the respondents' objections and directed them to appoint Gopal based on his merit and social status, disregarding the Presidential Order.

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