Ch. Sudarshan Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.2101 of 2019 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in not considering the case of the petitioner for promotion to the post of Deputy Executive Engineer, as illegal and arbitrary and sought a consequential direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy Executive Engineer, without reference to charge memos dated 14.12.2015 and 28.04.2016.

Heard Mr.M.V.S.Sai Kumar, learned counsel for petitioner and the learned Government Pleader for Services-II. It has been contended by the petitioner that he is working as Municipal Assistant Engineer and he is fully eligible and qualified to be promoted to the post of Deputy Executive Engineer. The grievance of the petitioner is that the respondents are not considering his case for promotion to the post of Deputy Executive Engineer on the ground that charge memos dated 14.12.2015 and 28.04.2016 are pending against him.

Learned counsel for petitioner contended that the State Government has framed guidelines in G.O.Ms.No.257 dated 10.06.1999 to consider the cases of employees for promotion against whom disciplinary proceedings/criminal proceedings are pending. As per G.O.Ms.No.257 dated 10.06.1999, the competent authority must consider the cases of employees against whom disciplinary proceedings/criminal proceedings are pending and

pass appropriate orders as to whether they are eligible for promotion. But, in the instant case, the respondents are not considering the case of petitioner for promotion to the post of Deputy Executive Engineer in terms of G.O.Ms.No.257 dated 10.06.1999. Therefore, learned counsel for petitioner contends that appropriate orders be passed directing the respondents to consider the case of petitioner for promotion to the post of post of Deputy Executive Engineer in terms of G.O.Ms.No.257 dated 10.06.1999 and pass appropriate orders.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be considered in terms of G.O.Ms.No.257 dated 10.06.1999 and appropriate orders would be passed.

This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to consider the case of petitioner for promotion to the post of Deputy Executive Engineer in terms of G.O.Ms.No.257 dated 10.06.1999 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 05-02-2019 Prv