P.Sameer Khan vs The Joint Commissioner St
2021 Latest Caselaw 5572 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE: WRIT PETITION No.30141 of 2021

                           PROCEEDING SHEET
Sl                                                                   OFFICE
     DATE                           ORDER
No                                                                    NOTE

2. 29.12.2021 NJS,J

                   Heard learned counsel for the petitioner and
              the learned Government Pleader for Services-I, who
              placed a brief note for consideration of this Court.

                   The case of the petitioner is that though no
              Disciplinary Proceedings are pending against him,
              his case is not being considered for the post of
              Senior Assistant, which is a non-Selection post.
              Further, ignoring the case of the petitioner, his
              Juniors are being promoted.

                   Learned counsel for the petitioner, while
              reiterating the contentions raised in the writ
              petition, places reliance on the Circular Memo
              dated 06.2.2009 of the 2nd respondent and also a

judgment of Division Bench in Writ Petition No.18774 of 2014, dated 10.7.2014.

As seen from the brief note submitted by learned Government Pleader, it appears that the Joint Commissioner (Sales Tax), Kurnool vide communication dated 22.10.2020 requested the Chief Commissioner (Sales Tax), Andhra Pradesh, Vijayawada to intimate the latest orders, if any, relating to the ACB case and the Proceedings before the Tribunal for Disciplinary Proceedings but no orders are received.

Be that as it may, as per Rule 5(b) of the Andhra Pradesh State & Subordinate Service

Writ Petition No.30141 of 2021

Rules, 1996, in respect of a non-Selection post, promotion cannot be denied unless the charges, if any, against an employee are proved and punishment is ordered.

In the light of the above said Rule position and also in view of the orders of the Division Bench referred to above, there shall be a direction to the respondents to consider the case of the petitioner for promotion, whenever the exercise of promotions is taken up.

List the matter after six weeks.

_________ NJS, J vasu