K,Tirumala Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.11801 of 2019 ORDER:

This Writ Petition is filed seeking Writ of Mandamus declaring the action of the respondents in not considering the claim of the petitioner for promotion to the post of Manager CategoryIII/Revenue Officer without reference to the charge memo issued vide G.O.Rt.No.370, MA & UD Department, dt.24.05.2016 as per the seniority and eligibility on par with juniors, as illegal and arbitrary and sought consequential direction to direct the respondents to promote the petitioner to the post of Manager CategoryIII/Revenue Officer without reference to the charge memo issued vide G.O.Rt.No.370, MA & UD Department, dt.24.05.2016. 2.

Heard Sri P.Raghavender Reddy, learned counsel for the petitioner and the learned Government Pleader for Services-II appearing for respondents.

3.

It is contended by the petitioner that he is working as Senior Assistant, Sirsilla Municipality and is provisionally eligible to be qualified to the post of Manager Category-III/Revenue Officer. The grievance of the petitioner is that though he is very much eligible and qualified for promotion to the post of Manager Category-III/Revenue Officer, the respondents are not considering his case for promotion to the said post on the ground that

disciplinary proceedings in the form of charge memo vide G.O.Rt.No.370, MA & UD Department, dt.24.05.2016 are pending. 4.

Learned counsel for the petitioner contended that the State Government has taken a policy decision in G.O.Ms.No.257 dt.10-06-1999 wherein elaborate guidelines were framed by the State Government as to the consideration of the cases of employees against whom disciplinary action and criminal cases are pending and the appointing authority must consider the cases of such employees who are facing disciplinary/criminal action as to whether they are entitled for promotion in spite of disciplinary/criminal proceedings pending against them. But in the instant case, the respondents have not considered the case of the petitioner for promotion to the post of Manager Category-III/Revenue Officer in terms of G.O.Ms.No.257 dt.10-06-1999. Therefore, he contended that appropriate orders be passed directing the respondents to consider the case of the petitioner for promotion to the post of Manager Category-III/Revenue Officer strictly in terms of the guidelines framed in the said G.O. 5.

Learned Government Pleader for Services-II submits that the case of the petitioner would be considered for promotion to the post of Manager Category-III/Revenue Officer strictly in terms of the G.O.Ms.No.257 dt.10-06-1999 and appropriate orders would be passed.

6.

Having regard to the rival submissions made by the parties, this Court is of the considered view that this Writ Petition can be disposed of by directing the respondents to consider the case of the petitioner for promotion to the post of Manager CategoryIII/Revenue Officer strictly in terms of the G.O.Ms.No.257 dt.10-06-1999 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 7.

With these observations, the Writ Petition is disposed of. No costs.

8.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 14-06-2019 dv