Andhra Pradesh High Court - Amravati
R.M.S.T.Varma vs The State Of Andhra Pradesh on 23 February, 2021
Bench: M.Satyanarayana Murthy
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4318 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, declaring the action of the
respondents in initiating and continuing disciplinary
proceedings in relation to the allegations pertaining to the year
2014 vide Charge Memo issued by the 3rd respondent in
Procdgs.No.B1/389/2014, dated 23.04.2014 and further
denying consideration and promotion to the post of Hostel
Welfare Officer, Gr.I on the said ground, as being arbitrary,
illegal, erroneous, vitiated by the inordinate delay, contrary to
the time limit stipulated for completion of enquiries in
G.O.Ms.No.679, dated 01.011.2018 and violative of Articles
14 and 16 of the Constitution of India and not considering and
promoting the petitioner as Hostel Welfare Officer, Gr.I on the
sole ground of pendency of disciplinary proceedings, as illegal,
arbitrary and violative of Articles 14, 16 and 21 of the
Constitution of India and consequently direct the respondent to
consider the case of petitioner for promotion as HWO Gr.I
without reference to disciplinary proceedings pending vide
Procdgs.Rc.No.B1/389/2014, dated 24.03.2014 by extending
the Division Bench judgment of the High Court in
W.P.No.30336/2016, dated 17.07.2017 where under it is
observed that for a non-selection post seniority is the criteria,
neither Rule 5(b) nor 6(i) of A.P. State and Subordinate Services
constitute a bar for promotion in the event of Charge Memo and
judgment in W.P.No.12473/2020, dated 29.07.2020 and
consequently promote him to the post of HWO Gr.I as per
seniority with all consequential benefits and to pass
such other order."
2. It is the case of petitioner that the petitioner was initially
appointed as a Teacher on 13.12.1996, subsequently he was
appointed as Hostel Welfare Officer, Grade-II, joined in the said
post on 26.02.2002 and continuously working without any
complaint whatsoever from any corner of the society and the
work of the petitioner was appreciated by the Boarders,
Boarders Parents and Higher Authorities also. The petitioner
was posted as Government Social Welfare Boys IWHC,
Dowleswaram on 20.12.2012.
3. While so, a surprise check was conducted by the ACB,
DSP, Rajahmundry Range on 24.02.2014 and based on the
Radio Message received from DSP, ACB, Rajahmundry Range,
East Godavari District, dated 25.02.2014, the 3rd respondent
issued Articles of Charges vide Procdgs.Rc.No.B1/389/2014,
dated 24.03.2014 under Rule 20 of A.P. Civil Services (Conduct)
Rules, 1964 to the petitioner. The petitioner immediately
submitted a detailed explanation to the charge on 24.03.2014
denying all the charges levelled against him in detail.
4. The petitioner has completed more than 18 years of
service in the present post without even a single promotion. The
petitioner is eligible and qualified for being considered for
promotion as HWO, Gr.I. In the list prepared by the
respondents, the name of the petitioner is at Sl.No.2. There are
more than 10 posts of HWO, Gr.I vacant and the respondents
are not considering the case of the petitioner for promotion to
the post of HWO, Gr.I only on the ground that the departmental
proceedings are pending against him. The post of HWO, Gr.I is a
non-selection post and seniority in the HWO, Gr.II alone is the
criteria. Neither Rule 5(b) nor 6(i) of A.P. State and Subordinate
Services Rules, 1996 constitute a bar for promotion in the event
of pendency of Charge memo. Further, the Government has
stipulated a time limit of three and six months for completion of
enquiries in simple and complicated matter vide order issued in
G.O.Ms.No.679, dated 01.11.2008. However, the respondent
authorities have not even appointed the Enquiry Officer till date
and proceedings are not concluded till date, thereby causing
prejudice to the petitioner's claim for promotion to the post of
HWO, Gr.I though the petitioner is not responsible for the said
delay. Hence, the petitioner is entitled to have his case
considered for promotion to the post of HWO, Gr.I in the existing
vacancies as per seniority.
5. Sri M.Bharat Shah, 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. Whereas, learned Government Pleader for
Services-III raised no objection and requested to pass
appropriate orders.
6. 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.
7. 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.
8. 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: 23.02.2021
IS
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4318 OF 2021
Date: 23.02.2021
IS
