Andhra Pradesh High Court - Amravati
M. Ranga Prasad, vs The State Of Andhra Pradesh on 16 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.3640 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"..... to issue a writ of Mandamus, aggrieved by the action of the respondent in not considering the petitioner's case for promotion to the post of Assistant Director, Town & Country Planning from the post of Town Planning as highly illegal, unjust, arbitrary and contrary to law and violative of principles of natural justice and contrary to Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Director, Town & Country Planning from the post of Town Planning Officer as per G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and pass such other order."
2. It is the case of petitioner that the petitioner joined in the 2nd respondent department as a Town Planning Tracer in the year 1999, thereafter he was promoted as Building Inspector in the year 2003, thereafter promoted to Town Planning Service in the year 2010 and further promoted to the present post of Town Planning Officer in the year 2015. Since the date of joining in the department, the petitioner is discharging his duties with utmost satisfaction of the superiors and without any remarks.
3. While the things stood thus, since long time, while the petitioner was discharging his duties at Eluru as TPS, the 2nd respondent department made an allegation that the 2 petitioner was not taking action on one illegal construction. But, the said building was regularized in the year 2008 by the Government under Building Penalization Scheme. Since then, the respondents did not initiate any further departmental enquiry on the petitioner and no charge is framed against him any time.
4. After lapse of 12 years, the 1st respondent issued G.O.Rt.No.615, dated 24.12.2020 for initiation of departmental enquiry with an allegation of verification of commercial complexes. The 1st respondent issued the G.O for long pending issue with intent to stop the promotion of the petitioner to next level. The petitioner was placed in the seniority list and he is entitled to get promotion to the post of Assistant Director, Town & Country Planning (ADTP) as per the seniority.
5. Now, the respondent authorities have proposed the list of eligible TPOs to bring to notice of DPC for consideration of promotions as ADTPS during the current panel year. The petitioner completed 5 ½ years service as TPO and he is eligible to the next level of promotion. During his entire tenure, the petitioner was not awarded any penalty, but, the respondents are not willing to consider the case of petitioner for promotion as stated supra, which is illegal, arbitrary and requested to issue a direction to the respondents to consider the case of petitioner for promotion.
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6. Sri S.Srinivasa Rao, learned counsel for the petitioner relies upon G.O.Ms.No.257, dated 10.06.1999 and would contend that the case of the petitioner should be considered in terms of the said G.O.
7. In a similar situation, a learned Single Judge of this Court in W.P.No.14478 of 2019 dated 24.09.2019 had directed the respondents to consider the case of the petitioner therein for promotion in terms of G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999.
8. A perusal of the Affidavit shows that the petitioner would be entitled to the benefit of G.O.Ms.No.257, dated 10.06.1999, as the enquiry is pending for more than two years from the date of initiation.
9. In the result, the Writ Petition is disposed of with a direction to the respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999. There shall be no order as to costs.
As a sequel thereto, interlocutory applications, if any pending shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date: 16.02.2021 IS 4 HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.3640 OF 2021 Date: 16.02.2021 IS