M.V.D. Phani Ram v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N.BALAYOGI WRI T PETI TI ON No.13565 of 2018 ORDER: (per SK,J) Aggrieved by the dismissal of O.A.No.613 of 2018 filed by him before the Andhra Pradesh Administrative Tribunal, Hyderabad, vide order dated 03.04.2018, the applicant therein filed this writ petition. His ` ` prayer therein was to direct the authorities to consider his case for promotion as a Special Grade Municipal Commissioner without reference to the Chare Memos issued to him by the Government vide G.O.Rt.No.860 dated 05.11.2014 and G.O.Rt.No.59 dated 11.02.2016. By the order under challenge, the Tribunal held that it was for the promoting authority to consider the case of the petitioner/applicant for promotion with reference to the pending Charge Memos and therefore, no cause was made out to grant any relief. The O.A. was accordingly dismissed.

Learned Government Pleader for Services, Andhra Pradesh, would submit that the case of the petitioner/applicant has not been rejected by the Departmental Promotion Committee and that his candidature would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.

In the light of this submission made by the learned Government Pleader, the order under challenge passed by the Tribunal is set aside. The respondents are directed to consider the case of the petitioner/applicant for promotion to the post of Special Grade Municipal Commissioner in the light of

G.O.Ms.No.257 dated 10.06.1999 and take a decision which shall be communicated to the petitioner/applicant thereafter. The writ petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR __________________ JUSTI CE N.BALAYOGI Date:18.04.2018 GJ