G Rambabu vs The State Of Ap
2021 Latest Caselaw 2552 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVASpE
(SPECIAL ORIGINAL JURISDICTION) rf

   

FRIDAY, THE TWENTY THIRD DAY OF JULY

TWO THOUSAND AND TWENTY ONE
'PRESENT: &

THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 13709 OF 2021
Between:
G Rambabu, S/o Pampanna, aged 56 years, Occ. dr. Assistant, O/o The
. Executive Engineer, TGP Division No.1, Velugodu, Kurnool District.
.PETITIONER
AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary, Water Resource
Department, Secretariat, Velagapudi, Guntur District.

2 The Superintending Engineer, Telugu Ganga Project Circle, Nandyala, Kurnool
District.

3 The Executive Engineer, Telugu Ganga Project (TGP) Division No.1, Velugodu,
Kurnool District.

. RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus,
declaring the action of the respondents herein particularly the 2™ respondent in not
considering the petitioner's case for promotion as SrAsst. as per the seniority and
sligibility in the existing vacancies as highly illegal, arbitrary and unconstitutional and
consequently the Hon'ble court may pleased to declare that the petitioner herein is
entitled for promotion as Sr Asst. in the existing vacancies as per the seniority and
eligibility without reference to the pending criminal case, SC Spl.- Sessions Case-SC/ST
No.22/2019, SPI Judge, SC/ST Court cum VI Addl Dist. Sessions Judge Court, Kurnool.

1A NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances
Stated in the affidavit filed in support of the writ petition, the High Court may be pleased
to direct the 2" respondent herein to consider the petitioner's for promotion as Senior
Assistant in the clear existing vacancies, without reference to the pending criminal-case,
SC Spl.-Sessions Case-SC/ST No.22/2019, SPi Judge, SC/ST Court Cum VI Addl Dist.
Sessions Judge Court, Kurnool, pending disposal of WP 13709 of 2021, on the file of
the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of M/s. MR Tagore, Advocate
for the Petitioner and GP for Services-Ill for Respondents, the Court made the following;
ORDER:

"Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Services-lil.

The petitioner is aggrieved by the denial of promotion only on the ground that criminal case is pending in Sessions Case No.22 of 2019. No departmental enquiry is pending according to the learned counsel. Relying upon the earlier orders passed by this Court and G.Os which are appended to the writ petition material papers, the learned counsel argues that the case of the petitioner can be considered for promotion since he is claiming promotion only an the basis of seniority. He points out that in the orders that he has filed along with the writ petition departmental proceedings were also initiated and pending. After referring the case law on the subject and the G.Os., the learned counsel points

out that the cases of the petitioners in those writ petitions were directed to be considered for promotion. Therefore, he seeks for interim order.

The learned Assistant Government Pleader distinguishes the earlier orders passed on the ground that they apply to officers who are gazetted officers. He draws the attention of this Court to Rule 5 B of A.P State and Subordinate Service Rules 1996 to submit that the petitioner fits into this Rule as he is only a Senior Assistant and not a Gazetted Officer. Therefore he submits that the G.Os which the learned counsel has relied upon are not applicable and even the two judgments which are filed are also not applicable since they deal with officers who are holding gazette posts. {tis his contention that as the criminal case is pending, the petitioner is not entitle to be considered for promotion also.

in the opinion of this Court, there are two issues involved here (A) The delay in the disposal of the criminal case and its effect on the career prospects of the petitioner including his promotion. (B) Whether the G.O.s would apply to the case of the petitioner or not. The law on the subject is fairly clear. Mere pendency of the disciplinary proceeding or a criminal case should not be an absolute bar for considering, the case of the employee for promotion particularly when the rules do not speak about the same. Delay in the disposal of these cases has figured in a number of judgments of this Court and of the superior courts also. It has been uniformly held that the aspiration of a government servant for promotion cannot be denied due to delay. in any view of the matter, the promotions that are granted either through the intervention of the Court or otherwise will be subject to the result of the criminal case or the departmental enquiry as the case may be. Therefore, this Court is of the opinion that since the criminal case has not progressed beyond the filing of the charge sheet and is pending since 2019, the petitioner has made out a case for grant of an interim order. Accordingly, there shall be an interim order as prayed for directing the respondents to consider this case for promotion in the clear existing vacancies within four weeks from the date of the receipt of a copy of this order.

For filing counter, post after four (4) weeks." A a

Sd/-M.Suryanadha Reddy

ASSISTANK REGISTRAR TRUE COPYI/ ASSISTAND RE

SECTION F_. Ce ee ee eee RE AR To, 1 The Principal Secretary, Water Resource Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

2 The Superintending Engineer, Telugu Ganga Project Circle, Nandyala, Kurnool District.

3 The Executive Engineer, Telugu Ganga Project (TGP) Division No.1, Velugodu, Kurnool District.(1 to 3 by RPAD) 4 One CC to Sn. MR Tagore, Advocate [OPUC}] 5 Two CCs to GP for Service-IIl, High Court of AP [OUT] 6 One spare copy.

MSB

DVSS,J

DATED: 23/07/2021

ORDER

POST AFTER FOUR (4) WEEKS

WP.No.13709 of 2021

INTERIM DIRECTION