ORDER :

1. The petitioner, who is working as Hostel Welfare Officer Grade-II, filed the above writ petition seeking the following relief:

“.......to issue an appropriate, writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in promoting the unofficial respondents who are juniors to the petitioners to the post of Hostel Welfare Officer Grade-I vide proceedings Rc. No. A1/124/2018-27/28 dated 08.8.2020 without considering the case of the petitioner on the ground of pendency of departmental proceedings dated 14.7.2014 and in Proceedings Rc. No. A3/3922/2022-1 dated 31.12.2021 of the 3rd respondent, though the post of HOW-Gr-I is a nonselection post as illegal, improper, unjust, arbitrary and set-aside the same, further declare that the petitioner is entitled for promotion to the post of Hostel Welfare Officer Grade-I without reference to the pendency of the departmental Proceedings in Charge Memo in Rc. No. A1/164/2014 dated 14.7.2014 and in Proceedings Rc. No. A3/3922/2022-1 dated 31.12.2021 of the 3rd respondent as it is a non-selection post on par with his juniors who are promoted in Rc. No. A1/124/2018-27/28 dated 08.8.2020 with all consequential benefits and pass such other order or orders......”

2. The petitioner was initially appointed as Hostel Welfare Officer Grade-II (for short, HWO Gr.II) on 26.12.2005 through the District Selection Committee and posted at Nunna. Probation was declared and his services were regularized in the cadre of HWO Gr.II. The petitioner worked at Government SW Boys Hostel, Prakashnagar, Vijayawada from 11.6.2011 to 2017. The 2nd respondent issued orders in Rc. No. A1/09/2012, dated 04.9.2012 whereby the petitioner and two others were nominated for training at HRD Centre, Hyderabad from 08.10.2012 to 10.10.2012.

3. While the petitioner was in training, on 08.10.2012 the Vigilance and Enforcement Officers conducted surprise check. After eight months, they submitted appraisal report dated 12.6.2013. One year thereafter, the 1st respondent issued Charge Memo in Rc. No. A1/164/2014 dated 14.7.2014. The petitioner submitted explanation on 30.7.2014 denying all the charges. The 1st respondent appointed Special Grade Deputy Collector, Polavaram Project, Vijayawada as Enquiry Officer and Assistant Social Welfare Officer, Vijayawada (Urban) as Presenting Officer. Notice was issued to the petitioner to appear before the Enquiry Officer on 24.6.2016. No action has been taken by the respondents for the last eight years.

4. The post of HWO is governed by the Social Welfare Subordinate Services Rules issued in G.O.Ms. No. 189 Social Welfare (A.2) Department dated 31.12.1997. The post of HWO Gr.I falls under Class-A and Category-3 of Rule 2 of the above said Rules. Method of recruitment to the post of HWO Gr.I, as per Rule 3, is by promotion from the Category-4 of Class-A. The post of HWO Gr.I is a non-selection post and it should be filled from the candidates of HWO Gr.II strictly as per seniority.

5. Disciplinary proceedings, initiated against an employee, are to be completed within three months in simple cases and six months in complicated cases as per G.O.Ms. No. 679, General Administration (Services-C) Department dated 01.11.2008. As per the list of seniority in the cadre of HWO Gr.II, as on 01.1.2019, the name of the petitioner is shown at serial No. 15 and the persons below him in the list and juniors to him were given promotion as HWO Gr.I by the 1st respondent in Proceedings Rc. No. A1/124/2018-17 dated 08.2.2019 ignoring the case of the petitioner on the ground of pendency of departmental proceedings in Charge Memo in Rc. No. A1/164/2014 dated 14.7.2014. However, in view of the objections received, the promotions were kept in abeyance. Another list of HWOs were prepared in which the name of the petitioner was shown at Serial No. 8 and his juniors were shown at Serial Nos. 9 to 17, 19 to 31, 33, 40 and 51 to 56, and some others were given pr