Ch Chitti Babu vs State Of Ap
2021 Latest Caselaw 1122 AP

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                 WRIT PETITION NO.24939 OF 2020
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in 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 unconstitutional being violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion as HWO Gr I without reference to disciplinary proceedings pending vide Progs.Rc.No A1/1127/2019 dated 14.11.2019 by extending the Division Bench Judgment of the Honourable High Court in W.P.No.30336/2016 dated 17.7.2017 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 event of Charge Memo and consequently promote him to the post of HWO Gr.I as per seniority with all consequential benefits."

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to consider the candidature of

the petitioner for promotion in terms of G.O.Ms.No.257, General

Administration (SER.C) Department dated 10.06.1999 as the charge

memo was issued on 14.11.2019 to the petitioner.

Learned Government Pleader for Services-III agreed to follow

the G.O.Ms.No.257, General Administration (SER.C) Department

dated 10.06.1999 while considering the case of the petitioner for

promotion.

In view of the submission of the learned counsel for the

petitioner and the learned Government Pleader for Services-III, no

further adjudication is necessary and it would suffice to issue a

direction to the respondents to consider the case of the petitioner for

being considered for promotion to the next higher cadre subject to MSM,J WP_24939_2020

the conditions contained in G.O.Ms.No.257, General Administration

(SER.C) Department dated 10.06.1999. Accordingly, the respondents

are directed to consider the candidature of the petitioner for

promotion to the next higher cadre in terms of G.O.Ms.No.257 dated

10.06.1999.

With the above direction, the writ petition is disposed of. No

costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:24.02.2021

SP