Andhra Pradesh High Court - Amravati
Pydi Nageswara Rao vs The State Of Andhra Pradesh on 29 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32083 OF 2022
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus declare the action of the respondents
in denied to consider the candidature of the petitioner for promotion
to the post of Joint Director of Works Accounts on mere pendency of
FIR No. 06/2018, dated 19.12.2018, in DA Case in the absence of
any valid Charge Sheet as on today, as illegal, arbitrary,
discrimination and violation of Principles of Natural Justice and
contrary the existing Government Orders issued in G.O.Ms.No.66
GAD (SERVICES.C) Department, dated 30.01.1991, consequently
direct the respondents herein to consider the candidature of the
petitioner for promotion to the post of Joint Director of Works
Accounts in the existing vacancies without reference to the
pendency of FIR No. 06/2018, dated 19.12.2018 in terms of the
G.O.Ms.No.66 GAD Department, Dated 30.01.1991, on the same
analogy of similar orders passed in W.P.No.25129 of 2022, dt
11.08.2022, W.P.No.5981 of 2021, dated 16.03.2021 and
W.P.No.28416 of 2022, dated 06.09.2022 and pass such other
orders...."
2. Heard Mr. Ramalingeswara Rao Kocherla Kota, learned
counsel for the petitioner and learned Government Pleader for
Services-I for the respondents.
3. The precise case of the petitioner is that he is working as Pay
and Accounts Officer (WA) in the office of the Director of Works
Accounts, Ibrahimpatnam and he is eligible and qualified person
for promotion for Joint Director of Works Accounts (JDWA). While
the matter stood thus on 29.08.2022 Departmental Promotion
Committee Meeting held and mere pendency of FIR No. 06/2018,
dated 19.12.2018, the junior of the petitioner was considered for
promotion and issued G.O.Ms.No.242 Finance, dated 16.09.2022.
Unfortunately the petitioner's candidature has been deferred,
though the name of the petitioner was shown at Sl.No.3 in the
promotion list for the panel year 2021-2022 and his junior was
promoted as Joint Director of Works Accounts on adhoc basis,
which is illegal and arbitrary. Hence the writ petition came to be
filed.
4. Learned Government Pleader for Services-I for the
respondents vehemently opposed to grant relief as claimed in the
writ petition and requested to dismiss the same.
5. It is contended by the learned counsel for the petitioner that
since 2018 F.I.R.No.6/2018 is pending against the petitioner.
Therefore the candidature of the petitioner was denied by the
respondents, which is highly illegal and arbitrary.
6. Learned counsel for the petitioner placed reliance on the
decision of this Court in W.P.No. 5981 of 2021, dated 16.03.2021,
wherein similar issue is cropped up, by following the judgment of
Hon'ble Supreme Court in the case of "Union of India Vs. Anil
Kumar Sarkar"1 wherein it was held as follows:
"However, learned Government Pleader for Roads and
Buildings contended that promotion is not a matter of right and
he is entitled for consideration for promotion. There is no dispute
with regard to the contention of the Government Pleader and this
court is not inclined to issue a direction to promote the petitioner.
But, this court can issue a direction to consider the case of the
petitioner for promotion to the next higher cadre subject to
satisfying the requirement notwithstanding the surprise check
report submitted by ACB, in accordance with G.O.Ms.No.66,
dated 30.01.1991".
7. In view of the above settled legal position, this Writ Petition is
disposed of, in terms of the orders passed by this Court in
W.P.No.5981 of 2021, dated 16.03.2021, directing the respondents
to consider the case of the petitioner for promotion in the existing
vacancy to the post of Joint Director of Works Accounts duly
taking into consideration of the G.O.Ms.No.66, dated 30.01.1991
and pass appropriate orders within a period of eight (08) weeks
from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 06.09.2022
KK
2013(4) SCC 161
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32083 OF 2022
Date: 29.09.2022
KK
