Andhra Pradesh High Court - Amravati
A Krupakanth vs The State Of Andhra Pradesh on 6 October, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.NO.26131 OF 2023
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of the India seeking the following reliefs:-
"to issue a writ, order or direction more particularly one in
the nature of Writ of Mandamus declaring the impugned
speaking orders Rc.No.1841860/DIMS/SM/2023, dated
16.09.2023 issued by the 2nd respondent, rejecting to consider
the candidature of the petitioner for promotion to the post of
Superintendent in terms of Rule 5(b) of A.P. SSS Rules 1996, on
mere pendency of charge memo in G.O.Rt.No.175 Labour
Factories, Boilers and IMS(IMS&VIG) Department, dated
11.05.2022, in the absence of any punishment, denial of
promotion is bad in law, illegal, arbitrary and discrimination,
consequently direct the respondents to consider the
candidature of the petitioner for promotion to the post of
Superintendent, without reference to the pendency of
disciplinary proceedings dated 11.05.2022, issued by the 1st
respondent on the same analogy of similar orders passed in
W.P.No.18195 of 2023, dated 31.07.2023 and W.P.No.23762
of 2023, dated 19.09.2023, W.P.Nos.23536, 23607 of 2023,
dated 20.09.2023 which were granted by duly following the
reported judgment of the Division Bench Government of Andhra
Pradesh represented by its Principal Secretary Revenue
Department Vs. A.Rajeswara Reddy and G.O.Ms.No.679,
dated 01.11.2008, by setting aside the impugned speaking
orders, dated 16.09.2023 and pass such other orders ..."
2. Heard learned counsel for the petitioner and the learned
Government Pleader for the respondents.
3. When the matter is taken up for hearing, learned counsel
for the petitioner would submit that the issue involved in this Writ
Petition is squarely covered by the order passed by this Court in
W.P.No.18195 of 2023, dated 31.07.2023 and requested to pass a
similar order in this writ petition also. The operative portion of
W.P.No.18195 of 2023, dated 31.07.2023 reads as follows:
"...13. Hence, following the said order and in terms
thereof, this Court feels it appropriate to dispose of
the writ petition by directing the respondents to
consider the case of the petitioner for promotion to
the post of Executive Engineer without reference to
the disciplinary proceedings pending against him
and pass appropriate orders in terms of the
prevailing Government Orders and in accordance
with law....."
4. The same is not disputed by learned Government Pleader
appearing for the respondents.
5. In view of the same, let there be a similar order in this
case, following the identical lines as in W.P.No.18195 of 2023,
dated 31.07.2023.
6. Considering the submissions made by the learned
counsel for the petitioner, this Court is inclined to dispose of this
writ petition by setting aside the impugned speaking order dated
16.09.2023 and directing the respondent authorities to consider
the case of the petitioner for promotion to the post of
Superintendent without reference to the disciplinary proceedings
pending against him and pass appropriate orders in terms of the
prevailing Government Orders and in accordance with law.
However, this order will not preclude the respondent authorities
to act in accordance with law.
7. With the above directions, the Writ Petition is disposed
of. There shall be no order as to costs.
8. Registry is directed to attach a copy of the order passed
by this Court in W.P.No.18195 of 2023, dated 31.07.2023 to this
order.
As a sequel miscellaneous application, pending, if any,
shall also stand closed.
_______________________________________
VENKATESWARLU NIMMAGADDA, J
Date:06.10.2023
TPS
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.NO.26131 OF 2023
DATED:06.10.2023
TPS
