I.Ramesh v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.43168 OF 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.2488 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. He is aggrieved by the dismissal of the said O.A. vide order dated 12.11.2018. His prayer therein was to consider his case for promotion as a Superintending Engineer without reference to the Charge Memo issued to him vide G.O.Rt.No.899 dated 21.12.2017. By the order under challenge, the Tribunal opined that as the Charge Memo was not more than two years old, G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 would have no application to the case of the petitionerapplicant. This Court had occasion to consider a similar issue in W.P.No.28886 of 2018, which was allowed on 21.08.2018, and found that G.O.Ms.No.257 dated 10.06.1999 does not stipulate lapse of two years as a condition precedent before a charged employee's candidature can be considered for further promotion.

Learned Government Pleader for Services, State of Andhra Pradesh, also concedes this position fairly.

In that view of the matter, the writ petition is disposed of directing the respondents to consider the candidature of the petitioner-applicant for promotion to the post of Superintending Engineer in accordance with the guidelines prescribed in G.O.Ms.No.257 dated 10.06.1999 as and when promotions are taken up for the said post.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 28.11.2018 IBL