Smt. A. Padmaja v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI wRlT PETITION NO.24079 0F 2020 Between:
Smt. A. Padmaja, W/o. Nagabhushanam, Age-Q qpo.u!!o years' Occ: Senior Assistant, Office of Tahsildar, Mothey-Mandal, Suryapet District, TS. ...pETtTtONER AND 1.
The State of Telangana, Rep. by its Principal Secretary' Revenue Department, Telanoana Secretariat. Hvderabad.
rn" C"rriet Commissionerbf Land Administration, Telangana State, Hyderabad' The District Collector, Nalgonda District, Nalgonda, TS. ...RES'ONDENTS J Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to call for the records from the Respondents and issue an appropriate Writ, Order or Direction, particularly one in the nature of writ of Mandamus, declaring that the action of Respondents in not considering case of petitioner for promotion to the post of Deputy Tahsildar and promoting several juniors to her as illegal, unjust, contrary to law, arbitrary, discriminatory, contrary to G O Ms No 257, dated 10'06 1999' contrary to the judgment rendered in the case of State of Punjab and another versus chaman Lal Goyal and violative of Articles 14 and 1 6 of the constitution of lndia, and consequently direct the Respondents to consider case of the petitioner for promotiontothepostofDeputyTahsildaronparwithherjuniorsbygrantingall consequential benefits.
IA NO: 1 OF 2020 Petition under Section '1 51 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 Respondents to promote petitioner to the post of Deputy Tahsildar on par with her juniors by considering petitioner's representation to the 3'd respondent dated 24.11.2020 in accordance with G.o.Ms.No.257, dated 10.06.1999, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI A. K. JAYAPRAKASH RAO Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24O79 of 2O2O ORDER:
This Writ Petition is filed seeking Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy Tahsildar and promoting several juniors to her only on the ground that departmental proceedings initiated against the petitioner are pending, as illegal, arbitrary and contrary to G.O.Ms.No.257, dated 10.06.1999 and also contrar5r to the judgment rendered in the case of STATE OF PUNJAB AND ANOTHER VS. CHAMAN LAL cOyAL - (1995) 2 SCC 570 and also violative of Articles 14 and 16 of the Constitution of India, and sought a consequential direction to direct the respondents to promote the petitioner to the post of Deputy Tahsildar on part with her juniors by granting all consequential benefits.
Heard Sri A.K. Jayaprakash Rao, learned counsel appearing for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. It is contended by the petitioner that she is working as a Senior Assistant and is provisionally eligible and qualified to the post of Deputy Tahsildar. The grievance of the
AKS,J W.P.No.24079 of2020 petitioner is that though she is very much eligible and qualified for promotion to the post of Deputy Tahsildar, the respondents are not considering her case for promotion to the said post on the ground that the disciplinary proceedings are pending against her.
Learned counsel for the petitioner had contended that the State Government has taken a policy decision in G.O.Ms.No.257, dated 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 Deputy Tahsildar in terms of the guidelines issued in G.O.Ms.No.257, dated 10.06' 1999. Therefore, learned counsel for the petitioner had contended that appropriate orders be passed in the Writ Petition directing the respondents to consider case of the petitioner for promotion to the post of Deputy Tahsildar, strictly, in terms of the guidelines framed in the said G'O.Ms'No'257, dated 10.06.1999.
AKS,J W.P.No.24079 of2020 Learned Government pleader for Services_Il appearing for the respondents submits that the case of the petitioner would be considered for promotion to the post of Deputy Tahsildar, strictly, in terms of the G.O.Ms.No.257, dated 10.06.1999 and appropriate orders would be passed. Having regard to the rival submissions made by the learned counsel for respective parties, this Court is of the considered view that this Writ petition can be disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Tahsildar, strictly, in terms of the guidelines issued in G.O.Ms.No.257, dated 10.06.1999 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
With the above observations, this Writ petition is disposed of. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
SD/.V.SUDHA ASSISTANT REGI R ,TRUE COPY// SECTI N OFFICER To,1. The Principal Secretary, Revenue Department, State of Telangana, Telangana Secretariat, Hyderabad.
2. The Chief Corirmissioner of Land Administration, Telangana State, Hyderabad.
3. The District Collector, Nalgonda District, Nalgonda, TS.
4. One CC to Sri A. K. Jayaprakash Rao, Advocate [OPUC]
5. Two CCs to GP for'Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
6. Two CD Copies.
MP
HIGH COURT DATED:2911212020 ,.1 IA r4:
S c .)oo a 0 7 JAt{ 2021
ORDER
DI { * * WP.No.24079 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ol OJ