Andhra Pradesh High Court - Amravati
Penumalli Maheswara Rao, vs Government Of Andhra Pradesh, on 23 March, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3516 of 2021
JUDGMENT:-
1. Heard Sri C. Srinivasa Baba, learned counsel for the
petitioners and Sri B. Chandra Sekhar, learned counsel for the
respondents.
2. The petition was filed for the following relief:
"For the reasons stated in the accompanying
affidavit, it is hereby prayed that this Hon'ble Court may
be pleased to issue a writ, order or direction particularly
one in the nature of Writ of Mandamus declaring the action
of the respondents in not considering the claims of the
Petitioners for promotion for the post of Village Revenue
Officers Grade-II as per the placement in the final seniority
list, dated 22.07.2020 by creating an arbitrary category as
"kept pending category" is illegal, arbitrary and violation of
articles 14, 16 and 21 of the Constitution of India. The
petitioners further pray that they are entitled to promotion
to the post of Village Revenue Officers Grade-II as per the
placement in the final seniority list vide Rc.A3/343/2020,
dated 22.07.2020 with all consequential benefits on par
with their juniors and pass such other order or orders as
this Hon'ble Court may deem fit and proper in the
circumstances of the case and to pass such other order or
orders as this Hon'ble Court may deems fit just and proper
in the circumstances of the case."
3. Learned counsel for the petitioners submits that this petition
may be disposed of in terms of the order, dated 14.02.2022 passed
in W.P.No.9055 of 2021, wherein the following order was passed:-
"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 not considering the claims of the
Petitioners for promotion for the post of Village Revenue
Officers Grade-II as per the placement in the 1st final
seniority list Rc.No.376/2020/A2, dated 22.06.2020
which was prepared in accordance with the G.O.Ms.No.13,
Revenue (SER.III) Department, dated 27.01.2020 as illegal,
arbitrary and violative of articles 14, 16 and 21 of the
Constitution of India and pass such other order or
orders...."
2. Though the learned counsel for petitioners advanced
arguments with reference to the averments in the Writ Petition,
this Court is inclined to consider his submissions for disposal of
the Writ Petition, in terms of W.P.No.5290 of 2021, dated
05.01.2022, despite the vehement opposition of the learned
Assistant Government Pleader for Services-I, seeking time for
counter on behalf of the Department.
3. Accordingly, the Writ Petition is disposed of with a
direction to the 3rd respondent to pass appropriate orders, in
relation to the promotion of the petitioners, strictly in accordance
with law, within a period of six (06) weeks from the date of
receipt of a copy of this order. No order as to costs.
As a sequel, miscellaneous application, if any, pending
shall stand disposed of."
4. Learned counsel for the respondents also submits that he
has no objection in deciding the present petition in terms of the
order passed in W.P.No.9055 of 2021, as the same controversy was
also raised therein.
5. Accordingly, without entering into the merits of the case, this
petition is also disposed of directing the 3rd respondent/Collector &
District Magistrate, Nellore, SPSR Nellore District to pass
appropriate orders in relation to the promotion of the petitioners
strictly in accordance with law within a period of six (06) weeks
from the date of receipt of copy of this order.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 23.03.2022
NOTE:-
Issue C.C. by 28.03.2022
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3516 of 2021
Date: 23.03.2022
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