G.Rahul, Hyderabad v. Prl Secy, I And Cad Dept, Hyderabad And 2 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 38197 of 2017 ORDER:

This writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in not promoting the petitioner to the post of Junior Assistant while promoting his juniors as arbitrary and illegal. A consequential direction is sought to promote the petitioner as Junior Assistant.

Heard Sri Srinivasa Rao Maddiraju, learned counsel for the petitioner and learned Government Pleader for Services-II, Telangana. It is submitted by learned counsel for the petitioner that he was appointed on compassionate grounds as a Watchman in the Office of the Superintending Engineer, Irrigation and Command Area Development on 29.6.2006, that his probation was also declared and that he is entitled for promotion to the post of Junior Assistant as per Rules, but the respondents are not considering his case on one pretext or the other and many of his juniors were promoted as Junior Assistants.

Learned Government Pleader for Services-II contends that the articles of charges are issued against the petitioner in a disciplinary matter and since the disciplinary proceedings are pending against the petitioner, the case of the petitioner could not be considered for promotion as Junior