Citation : 2024 Latest Caselaw 9671 AP
Judgement Date : 25 October, 2024
APHC010626022022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 37408/2022
Between:
M.bhanu Murthy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following:
ORDER :
The writ petition is filed under Article 226 of the Constitution of India for
the following relief:
"......to o issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent herein in not considering the petitioners claim for promotion as Dy DEMO Deputy District Education and Massmedia Officer on par with his juniors while pending the depratmental enquiry initiated vide charge memo Rc No 1603/VC II B/20173 dated 27.4.2019 as illegal, arbitrary and contrary to the rules and consequently the Honble Court may be pleased to direct the respondents hereien to consider the Petitioners claim for promotion as Dy DEMO on par with his juniors as per the eligibility list prepared vide Rc No 268/A2/200621 dated 21.12.2021 by the 3rd respondent without reference to the long pending charge Memo dated 2742019 and may pass...."
2. Learned counsel for the petitioner and learned Assistant
Government Pleader for Labour for the respondents are present.
3. On hearing, learned counsel for the petitioner submits that the matter
is squarely covered by the judgment passed by this Court in W.P.No.21762 of
2022, dated 12.09.2022, and hence, requests this Court to pass similar order
in this writ petition also. The operative portion of the order reads as under:
"...Therefore, the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Range Officer, without reference to the charge Memo issued vide G.O.Rt.No.15, Environment, Forest, Science and Technology (Sec.IV) Department, dated 14.2.2020. Further the respondents are directed to complete the disciplinary enquiry pending against the petitioner, as expeditiously as possible.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs."
4. Learned Assistant Government Pleader appearing for the
respondents reported no objection to dispose of the present writ petition on
the same lines.
5. In view of the submission made by both the learned counsels and
upon perusing the entire material available on record, this Court deems fit to
dispose of the present writ petition in terms of the said order.
6. Accordingly, the Writ Petition is disposed of in terms of the order
passed by this Court dated 12.09.2022 in W.P.No.21762 of 2022. There shall
be no order as to costs.
7. The Registry is directed to attach a copy of the order passed by this
Court in W.P.No.21762 of 2022, dated 12.09.2022 to this order. As a sequel,
interlocutory applications, if any pending, shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 25.10.2024 Gvl HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.37408 of 2022
Date : 25.10.2024
Gvl
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