L. Muniswamy vs. The State Of A.P.

THE HON'BLE Dr.JUSTICE K. MANMADHA RAO

Writ Petition No.25451 of 2022

ORDER:-

This Writ Petition is filed, under Article 226 of the Constitution

of India, seeking the following relief:-

"……to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering my request for promotion to the post of MPHEO without earlier relinquished my promotion as MPHEO is illegal, arbitrary, unjust and violation of the Article 14 and 16 of the Constitution of India and contrary to the Judgments passed in W.P.No.24609/2007 G.Boyanna Vs. Registrar (Administration) High Court of A.P., reported in 2009 (1) ALT 462 and consequently direct the respondents to consider the case of the petitioner for promotion to the post of MPHEO in the existing or in future vacancies without reference to his earlier relinquishment with all consequential benefits."

2. It is the case of the petitioner that he was initially appointed as MPHA (Male) on 12.11.1993. Later, he was promoted as MPHS(Male) on 27.2.2009. Since then, the petitioner has been discharging his duties to the satisfaction of superior officers. While so, the petitioner was promoted as MPHEO on 12.11.2019 by the 4th respondent. However, the petitioner relinquished his promotion to the said post due to personal problems. Since the respondents did not considered the petitioner for promotion to the post of MPHEO, in the next panel year, he gave a representation dated 17.12.2021 to the 4th respondent. But, the 4 th respondent has not taken any action on his representation. Hence, the writ petition.

3. Heard Mr.Syed Azmathullah, learned counsel for the petitioner and the learned Government Pleader for Services-IV, appearing for the respondents. Perused the material papers on record.

4. Learned counsel for the petitioner represented that due to personal reasons the petitioner relinquished his promotion to the post of MPHEO and it applies to that panel year and it cannot be extended to the next panel year. He relies on the Division Bench judgment of this Court in the case of G.Boyanna Vs. Registrar (Administration), High Court of A.P.¹ , D.E.O., Kurnool v. Shahnaz Begum (W.P.No.26654 of 2005, dated 9.8.2006) and W.P.No.17844 of 2021, dated 10.11.2021 wherein this Court held that right to be considered for promotion is a fundamental right guaranteed under Article 16(1) of the Constitution of India and Rule28 of the A.P. State and Subordinate Service Rules cannot disentitle a member of service from being considered for promotion in future vacancies, merely because an employee had relinquished the right for promotion earlier.

5. Learned Government Pleader for Services-IV does not deny the above said facts and settled law.

6. Learned counsel for the petitioner represented that suffice if a direction is given to the 4th respondent to consider the representation dated 17.12.2021 of the petitioner for promotion to the post of MPHEO, keeping in view of the above settled law.

7. Having regard to the facts and circumstances of the case, the 4 th respondent is directed to consider the representation dated 17.12.2021 of the petitioner for promotion to the post of MPHEO, keeping in view of the above said judgments and pass appropriate orders in accordance with law, within a period of 08(eight) weeks from the date of receipt of the order.

¹ ) 2009 (1) ALT 462

7. Accordingly, the writ petition is disposed of at the admission stage.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand dismissed.

Date: 12.08.2022

________________________ Dr. K. MANMADHA RAO, J THE HON'BLE Dr.JUSTICE K. MANMADHA RAO

Writ Petition No.25451 of 2022

Date: 12.08.2022

HS