Mettupalli Venkata Krishna Reddy vs The Principal Secretary
2021 Latest Caselaw 653 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                       WRIT PETITION NO.1842 OF 2021

ORDER:

This 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

3rd respondent in proceeding for next level promotion to the post

of Chief Chemist without considering the objections of the

petitioner dated 10.12.2020, as illegal, arbitrary and violative of

Articles 14, 16, 21 and 300A of the Constitution of India and

consequently direct the 3rd respondent not to effect any promotion

for the post of Chief Chemist and to pass such other order."

2. The petitioner is working as Deputy Executive Chemist in

APGENCO and one of his juniors was already promoted and other

juniors are likely to be promoted without considering the

objections raised by this petitioner submitted on 10.12.2020 to the

3rd respondent. The only grievance of the petitioner is that let the

objections be considered and till then not to promote any other

person to next higher cadre.

3. Learned counsel for the petitioner Sri Jada Sravan Kumar

relined upon the judgment of Apex Court in Union of India vs.

Virpal Singh Chauhan1 and Full Bench judgement of the Apex

Court in Ajit Singh Januja vs. State of Punjab2. On the strength

of those judgments, he sought to issue a direction to the

respondents as stated above.

1995 Law Suit (SC) 949

1996 Law Suit (SC) 507

4. Whereas, Sri M.Vidya Sagar, learned Standing Counsel

for APGENCO appearing for respondents did not represent

the matter.

5. As seen from the allegations made in the affidavit filed along

with the writ petition, the petitioner is the senior most to the

proposed candidates being considered for promotion.

Apprehending the promotion of juniors to the next higher cadre,

the petitioner submitted a representation dated 10.12.2020 to the

3rd respondent, but without taking any action thereon, the

3rd respondent is proposing to promote some of the juniors to the

petitioner. In case the juniors of the petitioner are promoted,

certainly the petitioner being a senior officer in the cadre will

sustain loss as the promotion is one step in service and in case the

juniors are promoted, it is heart burning to the petitioner.

Therefore, the 3rd respondent is directed to dispose of the

representation dated 10.12.2020 submitted by the petitioner

within four (04) weeks, in accordance with law. Till then not to

effect any promotions.

6. With the above direction, the writ petition is disposed of.

No costs.

As a sequel, interlocutory applications pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 05.02.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.1842 OF 2021

Dated 05.02.2021

IS