G. Anjaiah v. The State. Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 13263 OF 2020 Between:
G. Anjaiah, S/o. Late. Ramarah, Age 50 years, Occ., Head Constable, KPHB PS, Cyberabad, R.R. District. R/o. H.No.5/26, Prasanth Nagar, Aminpur, Bandam Kommu (Mandal), Sanga Reddy District , State of Telangana. ...PETITIONER AND '1 . The State. of Telangana, rep. by it's Principal Secretary, Home Deportment, Secretariat Building, Hyderabad.
2. The Director General of Police, State of Telangana, Lakadikapool, Hyderabad.
3. The Commissioner of Police, Cyberabad, Hyderabad.
4. Station Police Officer, KPHB, Cyberabad, Hyderabad. RESPONDENTS Petition under Article 226 of lhe Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of l\,4andamus, in action of the respondents in not considering regular promotion to the post of Head constable w.e.f. '1-08-20014 and in terms of G.O.R.T.No.
416, Home (ser-ll) dept 2010512019 in action of the 3rd respondent by holding the same as illegal, arbitrary, unreasonable and violation of principles of natural and u nco n stitutiona I and it amounts to violation of Articles 14, 16 and 21 of the Constitution of lndia and contrary to the Rules and direct the respondents to consider the petitioners as Head Constable and other promotions on par with his juniors in terms of G.O.Ms.No.529 General administration (services-C) department 19/08/2008 with all consequential benefits such as seniority, promotion etc., lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to consider the Representation dated 310712020 and dispose of the same.
Counsel for the Petitioner: SRl. P. LAKSHMANA RAO Counsel for the Respondents: SRl. M.V. RAMA RAO, SC FOR TSLPRB The Court at the stage of admission made the following: ORDER
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITIONNO t3263 0F 2020 ORDER:
Heard learned counsel for petitioner and Mr M V Rama Rao, learned counsel for respondents and with their consent, r.r'rit petition is taken up for disposal at the stage of admission itself. 2.
Petitioner was earlier promoted as Head Constable on 1.8.2014. While he \r'as on probation, order of reversion n,as passed on the ground that disciplinary proceedings were pending. This order of reversion was challenged in W P No.39984 of 2016 and by virtue of interim directions granted by this Court, petitioner continued as Head Constable. While so, by order dated 21.10.2O17 petitioner was imposed with punishment of postponement of two annual increments with effect on future increments and pension. Appeal filed by the petitioner was also rejected. In the revision fi1ed before the Government, orders were passed on 4.7.2019 modifying the punishment of postponement of two annual increments with effect on future increments and pension to that of censure.
After modification of punishment, contending that punishment was already undergone by petitioner, he should be considered for promotion, a representation was made to the Commissioner ol Police, Hyderabad on 3.7 .2O2O. Petitioner nou, contends that representation is not disposed of and he is not considered for promotion. Hence this writ petition.
3.
When the matter is taken up, learned counsel for petitioner submits that in this writ petition though petitioner sought for grant of promotion on par with his juniors from the retrospective date, in the representation submitted by petitioner, he only sought to grant promotion from the date of completion of punishment and seeks a direction to Commissioner of Police to consider the representation of the petitioner and pass appropriate orders within a reasonable time.
He further submits that petitioner also undertakes to withdraw pending W P No. 399a4 ol 2076.
4.
Sri M V Rama Rao, Iearned counsel appearing for respondents has no objection, if direction is given for consideration of representation to grant promotion after currency of period of punishment IS OVCT.
5.
In view thereof, recording the submissions of the learned counsel for petitioner that if his representation dated 3.7 .2020 is considered he will not prosecute W.P. 39984 ol 2016 and withdraw the same, this writ petition is disposed of directing the Commissioner of Police/ third respondent to examine the claim of the petitioner to grant promotion prospectively after completion of period of currency of punishment of censure in accordance with orders of the Government dated 4.7.2079 and pass appropriate orders as expeditiously as possible. No costs. Miscellaneous petitions, if any pending, stand closed. SDi. CH.VENKATESWARULU ASSISTANT REGIS AR ,TRUE COPY'
SECTION OFFICER To, The Commissioner of Police, Cyberabad, Hyderabad The Station Police Officer, KPHB, Cyberabad, Hyderabad. One CC to Sri P. Lakshmana Rao Advocate [OPUC] Two CCs to the GP for Home, High Court for the State of Telangana at Hyderabad. (OUT) Oire CC to Sri. M.V. Rama Rao, SC FOR TSLPRB IOPUCI Two CD Copies CHR \.
HIGH COURT DATED:21 10812020 t:
iA 14:
o o oI 0 3 sEP2020 .l F.!
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ORDER
W.P.No.13263 of 2020 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION W]THOUT COSTS *u$ c\ g 'lO