M.Ramesh v. The Chairman Nalgonda District Co-Operative Central

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24804 of 2008 ORDER:

This writ petition was filed assailing the action of the Nalgonda District Cooperative Central Bank Limited, Nalgonda, in not appointing the petitioner to a suitable post on compassionate grounds.

A consequential direction was sought to the bank to do so. Reliance in this regard was placed on G.O.Ms.No.661 dated 23.10.2008 and the judgment dated 12.08.2008 of the Supreme Court in Civil Appeal No.4208 of 2003 and batch. By order dated 13.11.2008, this Court directed the bank to consider the case of the petitioner for appointment to a suitable post in terms of G.O.Ms.No.661 dated 23.10.2008 and the judgment of the Supreme Court dated 12.08.2008 passed in Civil Appeal No.4208 of 2003 and batch. Pursuant to the above interim order, the petitioner was appointed as a Staff Assistant in the service of the bank by proceedings dated 24.08.2009. Taking note of this aspect, this Court made the interim order absolute on 28.04.2010 and dismissed the vacate stay petition filed by the bank.

W.P.M.P.No.35447 of 2015 was filed by the petitioner seeking a direction to the bank to consider his case for promotion to the post of Assistant Manager as he was the senior most in the feeder category.

Sri G. Ravi Mohan, learned counsel for the petitioner, stated that the petitioner's case for promotion is not being considered only on the ground of pendency of this writ petition.

Sri Amarnath Goud Thodupunuri, learned Standing Counsel for the respondent bank, stated that as the petitioner had been given compassionate appointment pursuant to the interim order granted by this Court, the prayer in this writ petition has worked itself out.

This Court finds merit in the said submission. The writ petition is accordingly closed. It shall be open to the petitioner to apply to the competent authority for promotion and thereupon his candidature shall

be considered in accordance with rules as and when a vacancy arises and is proposed to be filled up.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 1st October, 2015 IBL