P Mallikarjuna Rao vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Orders
Before:
Hon'ble Tarlada Rajasekhar Rao
Listed On:
24 Aug 2022
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Order Text
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No.28215 of 2021
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-
"… to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned action of the respondents in not considering my case for promotion as Assistant Commercial Tax Officer in Zone-III in the ensuing promotions on the ground of pendency of disciplinary proceedings initiated vide proceedings in G.O.Rt.No.884 dated 19.06.2018 as illegal, arbitrary and contrary to statutory rules and the catena of decisions of this Hon'ble Court and consequently direct the respondents to consider the case of the petitioner for promotion as Assistant Commercial Tax Officer in Zone-III in the ensuing promotions without reference to pendency of disciplinary proceedings in G.O.Rt.No.884, dated 19.06.2018 and as per policy guidelines issued vide G.O.Ms.No.257 dated 10.06.1999 along with others and to grant such other relief or reliefs …"
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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents.
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The present Writ Petition is filed by the petitioner to consider his case for promotion as Assistant Commercial Tax Officer in the ensuing promotions as the same was not considered on the ground that the disciplinary proceedings were initiated against him adverting to the G.O.Rt.No.884, dated 19.06.2018. He further stated that the pendency of disciplinary proceedings is not a ground for consideration of his case for promotion. He relied on the Order dated 09.03.2021 passed by this Court in W.P.No.4707
of 2021, Order dated 28.04.2021 passed by this Court in W.P.No.8831 of 2021, Order dated 29.07.2020 passed by this Court in W.P.No.12473 of 2020, Order dated 28.05.2020 in 9396 of 2020, Order dated 06.05.2022 in W.P.No.14638 of 2020, Order dated 18.08.2020 passed by this Court in W.P.No.3508 of 2020 and the decision of this Court reported in "Government of A.P. represented by its Principal Secretary, Revenue Department and another Vs. A. Rajeswara Reddy, Deputy Collector, presently on deputation as Deputy Administrator at Government Pleaders Office, High Court of A.P., Hyderabad1". Hence, prayed to issue consider his case for promotion as per G.O.Ms.No.257 dated 10.06.1999.
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Learned Assistant Government Pleader for Services-I would contend that disciplinary proceedings are pending against him and therefore he is not entitled for promotion.
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Considering the submission made by learned counsel for the petitioner and learned Assistant Government Pleader for Services-I, this Court is of the opinion that, it would be suffice to issue a direction to the respondents to consider the case of the petitioner for being considered for promotion to next higher cadre subject to the conditions contained in G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. Accordingly, the respondents are directed to consider the candidature of the petitioner for promotion to the next higher cadre in terms of G.O.Ms.No.257 dated 10.06.1999.
<sup>1</sup> 2010 (4) ALT 374 (D.B.)
- With the above direction, the Writ Petition is disposed of. No costs.
Miscellaneous Petitions pending, if any, shall stand closed.
JUSTICE TARLADA RAJASEKHAR RAO
________________________________________
Date: 30-08-2022 EPS
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No.28215 of 2021
Date: 30-08-2022
EPS