Telangana High Court
B. Ram Reddy vs The State Of Telangana And 3 Others on 2 February, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No. 5601 of 2022
ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ petition has been filed by the petitioner,
who is working on the post of Superintendent of Police, stating that
he is entitled for promotion with retrospective effect on the post of
Deputy Superintendent of Police.
The undisputed facts of the case reveal that the petitioner
was facing a departmental enquiry and he was not considered for
promotion to the post of Deputy Superintendent of Police for the
panel year 2009-2010 and in those circumstances, an Original
Application i.e., O.A.No.3033 of 2010 was preferred by him
claiming promotion. The Original Application was disposed of by
the Andhra Pradesh Administrative Tribunal on 13.05.2010 and
paragraph 15 of the order is reproduced as under:-
"15. In view of the above facts and circumstances of the case, as
the disciplinary proceedings are at the stage of passing final orders
this O.A., itself is being disposed of by directing the respondents
i.e., disciplinary authority to pass final orders pursuant to Charge
Memo dated 2.12.2006, within a period of three months, if no
orders are passed within the prescribed time, the respondents are
directed to consider the case of the applicant for promotion to the
post of Deputy Superintendent of Police (Civil), if he is otherwise fit,
eligible and comes within the zone of consideration in accordance
with his seniority in the existing vacancy, without reference to the
Charge Memo dated 2.12.2006 and further, it is always open for
the respondents to impose punishment in the promoted post also.
No order as to costs."
The respondents therein were directed to complete the
departmental enquiry within a period of three months and
thereafter, to consider the case of the petitioner for promotion. The
judgment of the Tribunal was delivered on 13.05.2010 and the
State of Andhra Pradesh, being aggrieved by the order of the
Tribunal, preferred W.P.No.30953 of 2010. It was brought to the
notice of the Court that the disciplinary proceedings have been
dropped, the petitioner was considered for promotion to the post of
Deputy Superintendent of Police for the panel year 2010-2011 and
was promoted, vide proceedings dated 20.02.2013. The judgment
in W.P.No.30953 of 2010 was delivered on 23.04.2018. Meaning
thereby, the petitioner was granted promotion with retrospective
effect by an order dated 20.02.2013. The petitioner did not assail
the order passed by the Division Bench of the unified High Court
for the States of Telangana and Andhra Pradesh before any Forum.
The documents on record further reveal that the petitioner has
been granted seniority in the cadre of Deputy Superintendent of
Police with effect from 01.09.2008, though his prayer was for
granting him promotion with effect from 2010.
Learned counsel for the petitioner has argued before this
Court that the petitioner has been granted notional promotion only
and not the monetary benefits.
In the considered opinion of this Court, once the Tribunal
has not granted monetary benefits to the petitioner while deciding
the O.A, and the Division Bench of the unified High Court for the
States of Telangana and Andhra Pradesh has also not granted
monetary benefits, the question of granting monetary benefits to
the petitioner at this juncture does not arise. No case for
interference is made out in the matter.
The writ petition stands dismissed.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________
SATISH CHANDRA SHARMA, CJ
_______________________
ABHINAND KUMAR SHAVILI, J
02.02.2022
JSU
