R. Ravi Kumar v. State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.26677 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of learned counsel for the respective parties. This writ petition is filed seeking the following relief :- " .....to issue a writ or direction particularly one in the nature of Writ of Mandamus to direct the respondents to consider the claim of the petitioner for promotion as Forest Range Officer since the Disciplinary Authority-2nd Respondent prima facie is of the opinion that no disciplinary enquiry is warranted in this matter and the E.O. pointed out discrepancies in the Charges and paused the enquiry by declaring the action of the respondents in trying to deprive the petitioner of his legitimate due for promotion as Forest Range Officer as arbitrary, vindictive, illegal and violation of Articles 14, 16 and 21 of the Constitution of India......" Heard Mr.C.

Srinivasa Baba, learned counsel for petitioner and the learned Government Pleader for respondents. It has been contended by the petitioner that he is working as Deputy Range Officer and he is fully eligible and qualified to be promoted to the post of Forest Range Officer. The grievance of the petitioner is that the respondents are not considering his case for promotion to the post of Forest Range Officer on the ground that disciplinary proceedings are pending against him.

Learned counsel for petitioner contended that the State Government has framed guidelines in G.O.Ms.No.257 dated 10.06.1999 to consider the cases of employees for promotion against whom disciplinary proceedings/ criminal proceedings are pending. As per G.O.Ms.No.257 dated 10.06.1999, the competent

authority must consider the cases of employees against whom disciplinary proceedings/ criminal proceedings are pending and pass appropriate orders as to whether they are eligible for promotion. But, in the instant case, the respondents are not considering the case of petitioner for promotion to the post of Forest Range Officer in terms of G.O.Ms.No.257 dated 10.06.1999. Therefore, learned counsel for petitioner contends that appropriate orders be passed directing the respondents to consider the case of petitioner for promotion to the post of Forest Range Officer in terms of G.O.Ms.No.257 dated 10.06.1999 and pass appropriate orders. Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be considered in terms of G.O.Ms.No.257 dated 10.06.1999 and appropriate orders would be passed.

This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to consider the case of petitioner for promotion to the post of Forest Range Officer in terms of 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, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 03-12-2019 Prv