Telangana High Court
G. Anjaiah vs The State. Of Telangana And 2 Others on 21 August, 2020
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO. 13263 OF 2020
Date: 21.08.2020
Between:
G Anjaiah S/o Late Ramaiah
Age 50 years Occ Head Constable
KPHB PS Cyberabad
R R District R/o H No 5105/26 Prasanth Nagar
Aminpur Bandam Kommu Mandal
Sanga Reddy District State of Telangana
.....Petitioner
And
The State of Telangana and 2 Others
rep by its Principal Secretary Home Deportment
Secretariat Building Hyderabad
.....Respondents
The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO. 13263 OF 2020
ORDER:
Heard learned counsel for petitioner and Mr M V Rama Rao, learned counsel for respondents and with their consent, writ petition is taken up for disposal at the stage of admission itself.
2. Petitioner was earlier promoted as Head Constable on 1.8.2014. While he was on probation, order of reversion was passed on the ground that disciplinary proceedings were pending. This order of reversion was challenged in W P No.39984 of 2016 and by virtue of interim directions granted by this Court, petitioner continued as Head Constable. While so, by order dated 21.10.2017 petitioner was imposed with punishment of postponement of two annual increments with effect on future increments and pension. Appeal filed by the petitioner was also rejected. In the revision filed before the Government, orders were passed on 4.7.2019 modifying the punishment of postponement of two annual increments with effect on future increments and pension to that of censure. After modification of punishment, contending that punishment was already undergone by petitioner, he should be considered for promotion, a representation was made to the Commissioner of Police, Hyderabad on 3.7.2020. Petitioner now contends that representation is not disposed of and he is not considered for promotion. Hence this writ petition.
3. When the matter is taken up, learned counsel for petitioner submits that in this writ petition though petitioner sought for grant of promotion on par with his juniors from the retrospective date, in the representation submitted by petitioner, he only sought to grant promotion from the date of completion of punishment and seeks a direction to Commissioner of Police to consider the representation of the petitioner and pass appropriate orders within a reasonable time. He further submits that petitioner also undertakes to withdraw pending W P No. 39984 of 2016.
4. Sri M V Rama Rao, learned counsel appearing for respondents has no objection, if direction is given for consideration of representation to grant promotion after currency of period of punishment is over.
5. In view thereof, recording the submissions of the learned counsel for petitioner that if his representation dated 3.7.2020 is considered he will not prosecute W.P. 39984 of 2016 and withdraw the same, this writ petition is disposed of directing the Commissioner of Police/third respondent to examine the claim of the petitioner to grant promotion prospectively after completion of period of currency of punishment of censure in accordance with orders of the Government dated 4.7.2019 and pass appropriate orders as expeditiously as possible. No costs. Miscellaneous petitions, if any pending, stand closed.
___________________________ JUSTICE P.NAVEEN RAO Date: 21.08.2020 tvk HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO. 13263 OF 2020 Date: 21.08.2020