Telangana High Court
T.Rajalingu vs The State Of Telangana on 5 January, 2021
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.24666 of 2020
ORDER:
This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in not promoting the petitioner to the post of Grade III Municipal Commissioner from the post of Revenue Officer without reference to charge memo vide G.O.Rt.No.628 MA & UD (VIG.III) Department dated 02.12.2020 as illegal and arbitrary and sought a consequential direction to the respondents to promote the petitioner to the post of Grade III Municipal Commissioner from the post of Revenue Officer without reference to charge memo vide G.O.Rt.No.628 MA & UD (VIG.III) Department dated 02.12.2020.
Heard Mr.M.V.S.Sai Kumar, learned counsel for petitioner and the learned Government Pleader for Services-II.
It has been contended by the petitioner that he is working as Revenue Officer and he is fully eligible and qualified to be promoted to the post of Grade III Municipal Commissioner.
The grievance of the petitioner is that the respondents are not considering his case for promotion to the post of Grade III Municipal Commissioner on the ground that charge memo vide G.O.Rt.No.628 MA & UD (VIG.III) Department, dated 02.12.2020, is 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 2 AKS,J W.P.No.24666 of 2020 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 Grade III Municipal Commissioner 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 Grade III Municipal Commissioner 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 Grade III Municipal Commissioner in terms of G.O.Ms.No.257 dated 10.06.1999 and pass appropriate orders within six 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.
3 AKS,J W.P.No.24666 of 2020 Pending miscellaneous petitions, if any, shall stand closed.
____________________________ ABHINAND KUMAR SHAVILI, J Date: 05-01-2021 vv