IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
TUESDAY THIS THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT
THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31919 of 2014
Between:
Mahboob Basha . PETITIONER And The Government of A.P. rep. by its Principal Secretary, Housing, Hyderabad and three others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31919 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus by declaring the action of the respondents in not considering the petitioner’s case for promotion to the post of Deputy Executive Engineer as per G.O.Ms.No.34, and in pursuance of the departmental promotion committee dated 20.12.2010 on par with the eligible Assistant Engineers (Housing) as illegal, arbitrary, discriminatory, mala fide, violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to consider the petitioner’s case for promotion to the post of Deputy Executive Engineer (Housing) with all consequential attendant benefits attached to the said post.
Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
It is submitted by the petitioner that due to pendency of departmental promotion committee, his case and that of some others was not considered for promotion. Later on, some of the juniors of the petitioner were promoted after closure of the disciplinary proceedings. The charges against the petitioner were dropped and no disciplinary proceedings are pending against him. The petitioner filed the copy of the proceedings No.2610/Vig(3)ATP/2009; dated 12.04.2012 in proof of the fact that the proceedings against him were dropped. In the similar circumstances, while disposing of W.P.No.27702 of 2014 and batch, this Court directed the respondents therein to consider the case of the petitioners therein for promotion within a period of two months.
In the aforesaid circumstances, the writ petition is disposed of directing the respondents to consider the case of the petitioner for promotion subject to seniority and eligibility within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J
Date: 16.12.2014 Note:
Furnish C.C. within a week.
B/O Ccm THE HON’BLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.31919 of 2014 Date:16.12.2014