K.Sanjay Ratna Kumar v. The State Of Andhra Pradesh, Represented By Its Principal

Betw een:

K. Sanjay Ratna Kumar PETITIONER And

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MA & UD Department, Secretariat, Hyderabad-22, and others. RESPONSENTS

ORDER: (Per Hon'ble Sri Justice V. Ramasubramanian) The petitioner has come up with the above writ petition challenging the dismissal of his application by the Administrative Tribunal, seeking promotion without reference to the pendency of the charge memo. 2.

Heard Dr. Lakshminarasimha, learned counsel appearing for the petitioner.

3.

Admittedly a charge memo dated 28.10.2014 was issued against the petitioner, on account of which he claims that he was over looked for promotion. But in the written instructions submitted by the Director of Town and Country Planning to the learned Government Pleader, it is submitted that the petitioner did not become eligible for the panel year 2015-16. For the panel year 2016-17 commencing from 01.09.2016, the Director of Town and Country Planning has stated in his written instructions, which is extracted as follows: "Whereas the promotion as sought for by the Petitioner to the next higher post of DDTP is a 2nd level Gazetted and Selection post.

For effecting promotion to said category post the matter should be placed before the Selection Committee (DPC) and the said Committee would decide the eligibility of the candidates for promotion as per their suitability, eligibility and in accordance with the existing service rules. Therefore, the said Committee as the case may be would examine and decide the eligibility or otherwise of the candidates for promotion to the post of DDTP, with reference to the existing guidelines issued by the Government, including the petitioner in the panel year 2016-17 (commenced from 01.09.2016).

4.

We are of the considered view that the above stand would squarely meet what is permissible by law. Therefore, the writ petition is disposed of recording the above statement and directing the Government

to take action as per the statement made above and pass orders within a period of four weeks.

5.

As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. __________________________ JUSTI CE V. RAMASUBRAMANI AN _______________________ JUSTI CE G. SHYAM PRASAD 30th November, 2016 Js.

Date: 30-11-2016 Js.