T. Mohan v. The State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.9708 OF 2019 ORDER:

With the consent of both the counsel, this Writ Petition is being disposed of at the stage of admission.

This Writ Petition is filed seeking the following relief:- "...to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the actions of respondents in not considering the claim of the petitioner for promotion as Municipal Commissioner - Grade III, without taking into consideration of the Charge Memo vide G.O.Rt.483, M.A. & U.D. (Vig.I(2) Dept., Dt.21.06.2018, and to promote the petitioner as per the DPC constituted by the respondents as illegal, arbitrary, unconstitutional, contrary to law and consequently direct the respondents to consider the claim of the petitioner for promotion as Municipal Commissioner - Grade III, from the post of Revenue Officer without taking into consideration the Charge Memos vide G.O.Rt.483, M.A. & U.D. (Vig.I(2) Dept., Dt.21.06.2018 in terms of G.O.Ms.No.

257 (GAC (Ser-C)) Dept., Dt.10.06.1999 and to promote the petitioner by following the analogy of orders passed in favour of other officers by this Hon'ble Court and/or pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

Heard Sri M.M. Ali, learned counsel appearing for the petitioner and learned Government Pleader for Services III appearing for the respondents.

It is the case of the petitioner that though he is fully eligible and qualified to be promoted to the post of Municipal Commissioner - Grade III, his case was not considered by the respondents due to pendency of charge memo dated 21.06.2018.

The State Government has taken a policy decision vide G.O.Ms.No.257, dated 10.06.1999, as per which, the competent authority shall examine each individual case as to whether the charges levelled against the employee are grave in nature or not and if the same are found to be grave in nature, such individual cannot be considered for promotion. But, the respondents have not examined the case of the petitioner for promotion to the post of Municipal Commissioner - Grade III in terms of the said G.O. Learned counsel appearing for the petitioner submits that appropriate orders be passed directing the respondents to consider the case of the petitioner in terms of the said G.O. Learned Government Pleader appearing for the respondents contends that the case of the petitioner will be considered for promotion strictly in accordance with G.O.Ms.No.257, dated 10.06.1999 and appropriate orders will be passed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that ends of justice would be met if a direction is given to the respondents to consider the case of the petitioner for promotion in accordance with G.O.Ms.No.257, dated 10.06.1999. Accordingly, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Municipal Commissioner - Grade III strictly in accordance with G.O.Ms.No.257, dated 10.06.1999 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to

costs. Miscellaneous petitions, if any, pending shall stand closed.

_________________________________ (ABHINAND KUMAR SHAVILI, J) 30th April 2019 RRB