G.Verkateswarlu v. The State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 19913 of 2020 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/Revenue Officer without reference to the charge memo issued vide G.O.Rt.No.560, MA & UD Deptt. Dated 06.08.2019 as per seniority and eligibility, as illegal, arbitrary and violative of the principles of natural justice and sought consequential direction to the respondents to consider the claim of the petitioner for promotion to the post of Manager/Revenue Officer without reference to the charge memo issued vide G.O.Rt.No.560, MA & UD Deptt. Dated 06.08.2019 in terms of G.O.Ms.No.257, GA (Ser.C) Deptt, dated 10.06.1999 with all attendant benefits.

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 in Gadwal Municipality, and is provisionally eligible and qualified for promotion to the post of Manager/Revenue Officer. The grievance of the petitioner is that though he is very much eligible and qualified for promotion to the post of Manager/Revenue Officer, the respondents are not considering his case for promotion to the said post

AKS,J W.P.No.19913_2020 on the ground that the disciplinary proceedings in the form of charge memo dated 06.08.2019 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 are 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/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/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/Revenue Officer strictly in terms of 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

AKS,J W.P.No.19913_2020 petitioner for promotion to the post of Manager/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.

______________________________ ABHINAND KUMAR SHAVILI, J 10-11-2020 v v