Telangana High Court
Sri Y. Ramesh vs The State Of Telangana And 4 Others on 28 July, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
I.A.NO.2 OF 2021 IN W.P.NO.8830 OF 2021
AND
WRIT PETITION NO.8830 OF 2021
COMMON ORDER
This Writ Petition is filed seeking a Writ of Mandamus to declare
the action of the respondents in dismissing the appeal of the petitioner
vide order dt.23.11.2019 as illegal and arbitrary and to consequently set
aside the same and to direct the respondents to grant full wages during
the suspension period from 07.05.2009 to 18.01.2017 and to refix the
petitioner's notional seniority for promotional benefits and to pass such
other order or orders as this Hon'ble Court may deem fit and proper in
the circumstances of the case.
2. Brief facts leading to the filing of the present Writ Petition are
that the petitioner was initially appointed as Lineman under the
respondent No.4. It is submitted that based on a complaint registered by
the SHO, Veligonda Police, Nalgonda District, the petitioner was
arrested and consequently, the petitioner was placed under suspension
from 07.05.2009 and the petitioner was paid subsistence allowance
during the period of suspension. It is submitted that the Judicial
W.P.No.8830 of 2021
Magistrate of First Class, Ramannapet, Nalgonda District acquitted the
petitioner vide judgment dt.29.09.2016 in C.C.No.579 of 2009. It is
submitted that after obtaining the judgment dt.29.09.2016, the petitioner
made a representation to the respondent No.5 on 07.11.2016 along with
a copy of the judgment for reinstatement into service. After considering
the representation of the petitioner, the petitioner was reinstated into
service on 19.01.2017 and the petitioner, thereafter, joined duty and
continued to serve the organisation.
3. The petitioner filed an appeal before the 2nd respondent on
02.12.2017, but the same was not considered by the respondent No.2.
Therefore, the petitioner filed W.P.No.19855 of 2019. This Court vide
orders dt.26.09.2019 directed the 2nd respondent herein to pass orders on
the appeal dt.02.12.2017. The appeal was disposed of vide orders
dt.23.11.2019 by observing that the period of suspension has been
regularised by treating the said period as leave as per his eligibility
(except medical grounds). The Appellate authority directed that in view
of G.O.Ms.No.307 dt.03.12.2012 adopted by APCPDCL (now
TSSPDCL), vide COO (CGM-HRD) Ms.No.353 dt.17.10.2013, orders
can be passed to count the extraordinary leave which is available after
exhaustion of other available leave for the purpose of notional
W.P.No.8830 of 2021
increments and pension, if the same is applicable to the writ petitioner.
Considering the same, the petitioner was allowed the notional
increments which accrued to him during the period from 07.05.2009 to
18.01.2017.
4. The contention of the petitioner is that since he was not granted
notional promotion by refixing his notional seniority, he has filed a
representation on 02.07.2020, but since the same has not been disposed
of, the present Writ Petition is filed. In this Writ Petition, the petitioner
is not only seeking notional seniority and promotion but is also seeking
full wages during the suspension period from 07.05.2009 to 18.01.2017.
5. The respondents have filed counter affidavit and the petitioner has
also filed a reply affidavit to the same.
6. Learned counsel for the petitioner, Sri P. Venkanna, reiterated the
averments made in the writ affidavit and submitted that subsequent to
reinstatement on 19.01.2017 the petitioner was promoted as Line
Inspector on 30.11.2017. However, when the juniors of the petitioner
were promoted as Senior Linemen vide proceedings dt.29.05.2021, the
case of the petitioner for promotion was not considered and therefore,
notional seniority of the petitioner should be fixed during his suspension
W.P.No.8830 of 2021
period which has since been regularised and the petitioner should be
promoted as Senior Lineman from the date of his entitlement or at least
from the date on which his juniors were promoted, i.e., 29.05.2021. The
learned counsel further submitted that after acquittal from the criminal
case, i.e., 29.09.2016 till the date of reinstatement, i.e., 19.01.2017, the
petitioner is entitled to full wages. He prayed for relief accordingly.
7. Sri R. Vinod Reddy, learned Senior Counsel for TS TRANSCO
relied upon the averments made in the counter affidavit and submitted
that the petitioner was paid subsistence allowance during the period of
suspension and on the principle of 'no work, no pay', the petitioner is
not entitled to the full wages as claimed by the petitioner.
8. The petitioner has also filed I.A.No.2 of 2021 seeking a direction
from this Court to the respondents to consider his representation
dt.02.07.2020 pending disposal of the Writ Petition.
9. Heard the learned counsel for both sides.
10. Since the request of the petitioner for notional promotion by way
of representation dt.02.07.2020 is still pending with respondent No.2,
this Court deems it fit and proper to direct respondent No.2 to consider
the representation of the petitioner dt.02.07.2020 and pass orders
W.P.No.8830 of 2021
thereon within a period of three months from the date of receipt of a
copy of this order and communicate the same to the petitioner. The
request of the petitioner for full wages from the date of suspension, i.e.,
07.05.2009 till 18.01.2017 or even from the date of acquittal till the date
of reinstatement, is made for the first time in the Writ Petition and the
decision of the authorities on this issue is not available. Therefore, this
Court deems it fit and proper to remit this issue also to the file of
respondent No.2. Therefore, the respondent No.2 shall not only consider
the request of the petitioner for notional seniority and promotion but
shall also decide about the eligibility of the petitioner to receive full
wages for the suspension period, i.e., from 07.05.2009 to 18.01.2017 or
at least from the date of acquittal, i.e., 29.09.2016 till the date of
reinstatement, i.e., 19.01.2017.
11. With the above directions, the Writ Petition and I.A.No.2 of 2021
are disposed of. No order as to costs.
12. Pending miscellaneous petitions, if any, in this Writ Petition shall
stand closed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 28.07.2022
Svv
