Promotion eligibility can be contested amid pending proceedings, but immediate actions should not disrupt existing review processes.

Judgment:

Lisa Gill, J.

Prayer in this appeal is for setting aside Interlocutory order dated 18.09.2025 passed by learned Single Bench in W.P.No.24637 of 2025.

2. Aforesaid writ petition has been filed for declaring action of 3^rd respondent in not considering petitioner’s (present appellant) candidature for promotion to the post of Forest Section Officer despite the said petitioner being fully eligible for the said promotion. It is also prayed that 3^rd respondent be directed to take affirmative steps to consider petitioner’s candidature for promotion as sought.

3. Learned Single Bench on considering the matter, observed that detailed hearing is required and posted the matter to 16.10.2025. In the meanwhile, respondent authorities were directed to keep one post in the cadre of Forest Section Officer reserved for the petitioner, pending disposal of the writ petition. Respondents were entitled to make ad-hoc arrangements to meet the exigencies of service in the said post subject to outcome of the said writ petition. Aggrieved therefrom, present writ appeal has been filed.

4. Learned counsel for appellant submits that a direction should have been given by the learned Single Bench for promoting the appellant/petitioner as per his seniority without reference to the fact that criminal trial is pending besides pendency of disciplinary proceedings as appellant is seeking promotion to a non-selection post. Direction should thus have been issued, at the very outset itself, in view of Rule 5 of A.P. State and Subordinate Service Rules, 1996.

5. Learned counsel for respondent has opposed this appeal while submitted that such a direction would amount to allowing the writ petition by way of an interim order. Dismissal of appeal is sought.

6. Having heard learned counsel for parties, we do not find any ground to cause interference at this stage in this writ appeal, challenging interlocutory order, dated 18.09.2025. One post of Forest Section Officer has already been directed to be kept reserved pending disposal of writ petition with liberty to respondents to make only ad-hoc arrangements and that too subject to decision of the writ petition. Learned counsel for appellant is unable to deny that all the pleas and arguments as are being raised in this appeal in fact form the subject matter of the writ petition in question and are well within the realm of consideration by learned Single Bench. In our considered opinion it is not appropriate to delve upon and adjudicate upon the said issues at this stage in present proceedings. Learned counsel for appellant is unable to point out any illegality, infirmity or irregularity which calls for interference in this writ appeal.

7. It is brought to our notice that subsequently, Writ Petition Nos.19007, 21110 & 22997 of 2024 were listed, along with the present writ appeal.

8. Keeping in view the facts and circumstances above, this writ appeal is dismissed. W.P.No.24637 of 2025 as well as the aforesaid writ petitions tagged along-with be placed before the learned Single Bench, as per roster, for decision on merits.

There shall be no order as to costs.

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