V.Venkata Chary vs The State Of Telangana And 2 Others
2021 Latest Caselaw 2079 Tel

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                    WRIT PETITION No.7999 of 2021
ORDER:

This writ petition is being disposed of at the stage of admission

with the consent of both parties.

2. This writ petition is filed seeking the following relief:

"...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring action of the 3rd respondent, without jurisdiction, rejecting the claim of the petitioner pending appeal before the 1st respondent for notional promotion in the category of Prohibition and Excise Inspector from 05.01.2010 on par with his junior is not feasible Cr.No.A3/1272/200 Dated 05.02.2021 respectively as being arbitrary, erroneous, unjust, disproportionate and in violation of Articles 14 and 21 of the constitution of India and consequently hold that the petitioner is entitled for notional promotion in the category of Prof and Excise Inspector from 05.01.2010 on par with his junior and to revise his pay scales and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

3. Heard Sri N. Srikanth Goud, counsel for the petitioner, and

Government Pleader appearing for the respondents.

4. It has been contended by the petitioner that initially he was

appointed as Excise Constable in the year 1977 and after rendering a

considerable period of service, he has earned various promotions and

finally while he was working as Excise Sub-Inspector at Kachiguda,

the disciplinary authority has initiated disciplinary proceedings 2 AKS,J W.P.No.7999 of 2021

against him on the alleged ground that he has accepted Rs.3000/- from

the complainant and he was caught red handed. However, the

disciplinary proceedings initiated against the petitioner have ended in

exoneration of the petitioner, as the said allegation was not held to be

proved in the departmental proceedings. The petitioner has further

contended that other departmental proceedings were initiated against

him on the ground that Annual Property Returns were not filed by him

from the date of his joining service. Thereupon, the petitioner

submitted a detailed explanation stating that he has already filed

Annual Property Returns before the concerned Station House Officer

and requested to drop further action against him. As the petitioner has

retired from service on attaining the age of superannuation on

30.04.2012, accepting the explanation submitted by the petitioner, the

State Government has imposed the punishment of 5% cut in service

pension for a period of three years vide G.O.Rt.No.349 dated

03.06.2017. Challenging the said punishment, the petitioner has filed

W.P.No.15269 of 2018 and this Court was pleased to allow the said

writ petition vide orders dated 04.06.2019, setting aside

G.O.Rt.No.349 dated 03.06.2017. Thereafter, the petitioner submitted

a detailed representation to the respondents seeking notional

promotion as Prohibition & Excise Inspector, but vide proceedings

dated 05.02.2021, the case of the petitioner was rejected on the ground

that as per G.O.Ms.No.331 dated 03.05.2013, the petitioner is not

entitled for notional promotion. Aggrieved by the same, the present

writ petition is filed.

                                    3                                  AKS,J
                                                         W.P.No.7999 of 2021

5. Counsel for the petitioner contended that when once the

punishment of 5% cut in service pension for a period of three years,

was set aside by this Court in W.P.No.15269 of 2018, the respondents

ought to have considered the case of the petitioner for notional

promotion to the post of Prohibition & Excise Inspector on par with

his junior Sd. Mubashir Mehdi, with all consequential benefits, but the

respondents have mechanically rejected the case of the petitioner by

relying on G.O.Ms.No.331 dated 03.05.2013.

6. Government Pleader appearing for the respondents had

contended that the case of the petitioner was considered in terms of

G.O.Ms.No.331 dated 03.05.2013, whereby the Government ordered

that promotions shall be considered with prospective effect only, in

subsequent panel years in respect of the cases where;

i) Charges were dropped using the words let off, warning, to be careful in future, on humanitarian grounds, on benefit of doubt etc.,

ii) Original order of penalty was modified on appeal or revision, after elapse of stipulated time (or) on humanitarian grounds (or) due to retirement etc,

iii) the Individual was acquitted by Courts on benefit of doubt in criminal case.

7. Government Pleader further submits that a perusal of clause (ii)

of the above Rule position makes it clear that the promotions shall be

considered with prospective effect only, in subsequent panel years

where the original order of penalty was modified on appeal or

revision, after elapse of stipulated time (or) on humanitarian grounds 4 AKS,J W.P.No.7999 of 2021

(or) due to retirement etc., and as such, the case of the petitioner for

notional promotion cannot be considered and the respondents have

rightly rejected the case of the petitioner vide impugned orders dated

05.02.2021, therefore, there are no merits in the writ petition and the

same is liable to be dismissed.

8. This Court, having considered the rival submissions made by

learned counsel for respective parties, is of the considered view that

when the original order of punishment of 5% cut in the service

pension for a period of three years imposed on the petitioner, was set

aside by this Court in W.P.No.15269 of 2018 vide orders dated

04.06.2019, the respondents could not have rejected the case of the

petitioner for notional promotion. The order of punishment was set

aside by this Court in W.P.No.15269 of 2018, which would mean that

there is no stigma or misconduct alleged to have been committed by

the petitioner. The respondents cannot interpret the judgment of this

Court by relying on G.O.Ms.No.331 dated 03.05.2013 and reject the

case of the petitioner. Therefore, the impugned orders of rejection

dated 05.02.2021 are liable to be set aside and are accordingly set

aside. The respondents are directed to consider the case of the

petitioner for notional promotion on par with his junior Sd. Mubashir

Mehdi and pass appropriate orders within a reasonable period of time,

preferably within eight weeks from the date of receipt of a copy of

this order.

9. Accordingly, the writ petition is allowed. No order as to costs.

                                    5                                  AKS,J
                                                         W.P.No.7999 of 2021

Pending miscellaneous petitions, if any, shall stand closed.

______________________________ ABHINAND KUMAR SHAVILI, J 13-07-2021 vv