IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO, J.
M. Nagaraju – Petitioner
Versus
State of Telangana and Others – Respondents
W.P. No. 22926 of 2019
Decided On : 06-01-2023
T.S. State & Subordinate Service Rules, 1996 - Rule 6 - Non-availability of vacancies - Appointing Authority - Petitioner contends was initially appointed Reserve Sub-Inspector of Police in Special Armed Reserve Central Police Lines accordance with eligible for promotion as Reserve Inspector promoted as Reserve Inspector initially appointed as Reserve-Sub-Inspector of Police - Held, Case promotions for vacancies for respondent eligible for promotion panel ineligible for promotion for panel promotion panel prepared and communicated to Appointing Authority but due to administrative protocol defects same was delayed - Petitioner were promoted for panel arbitrary and unjust sole fault and delay of respondents petitioner cannot be put to suffering - Respondent was eligible for promotion petitioner was eligible for promotion - Court feels petitioner ought to have been notionally promoted for placed above respondent in seniority - Writ Petition is liable to be allowed.
ORDER :
1. This Writ Petition is filed for the following relief:
2. The petitioner contends that he was initially appointed on 15.07.2008 as Reserve Sub-Inspector of Police (AR) in Special Armed Reserve, Central Police Lines (hereinafter referred to as ‘SAR CPL’) in accordance with Rule. Though he is eligible for promotion as Reserve Inspector during the panel year 2014-15, he was promoted as Reserve Inspector on 25.10.2016. Respondent No. 5 was also initially appointed as Reserve-Sub-Inspector of Police (AR) in SAR CPL in accordance with Rule 2 (a) of Special Rules for the A.P Special Armed Police with effect from 15.07.2008 and he was promoted as Reserve Inspector on 25.10.2016. During the panel year 2014-15, the 5th respondent was not eligible for promotion as he was under the currency of punishment.
2.1 The petitioner further contended that as per the provisions of Rule 6 of the T.S. State & Subordinate Service Rules, 1996 year-wise panels have to be prepared and cases of candidates eligible during the respective panel years have to be considered as per their eligibility and suitability. The Government of Telangana, General Administration (Services-D) Department dt.03.03.2015 has accorded permission to make promotions / appointment by transfers involving promotions. Pursuant to the said permission, the 3rd respondent vide Memo dt.23.03.2015 had called for Recommended Rolls, Nominal Rolls, Review Sheet along with up-to-date Service Books for preparation of promotion panel of Reserve Sub Inspector (hereinafter referred to as “RSI”) (AR) fit to act as Reserve Inspector (hereinafter referred to as “RI”) (AR) for the panel year 2014-15 and the 4th respondent furnished the same to the 3rd respondent vide proceedings dated 24.04.2015. The petitioner submitted a representation to the 2nd respondent dated 08.06.2015 with a request to consider his promotion to the post of Reserve Inspector for the panel year 2014-15. But, he was promoted as Reserve Inspector in 2015-16. The petitioner submitted another representation to the 2nd respondent on 06.12.2016 stating that to consider his claim for notional promotion in 2014-15. The Government of Telangana vide impugned rejection memo No. 18808/Ser-I/A2/2016 dated 24.06.2017 decided that the R.Is who were promoted in the year 2015-16 are not eligible for notional promotion from the year 2014-15.
2.2 The petitioner further contended that the 2nd respondent communicated the provisional seniority list of Reserve Inspectors (AR) vide memo dated 18.12.2018 and the names of the petitioner and respondent No. 5 are shown at serial no. 5 and serial no. 4 respectively. The petitioner submitted objections dated 16.02.2019 challenging the above said list and the 2nd respondent in its Memorandum vide Rc.No. 513/E3/2018 dated 22.2.2019 disposed of the objections by placing reliance on the aforementioned Government Memo dt.24.06.2017. The 2nd
The central legal point established in the judgment is the importance of considering the eligibility and training status of candidates for promotion, as well as the authority's discretion in promotin....
The period of continuous officiation after appointment has to be taken into account for determining seniority, and where an appointment was made by way of a stopgap arrangement, the experience on suc....
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
The main legal point established is that seniority is a crucial factor even in merit promotions, and reservation under Article 16(4) of the Constitution is limited to initial appointments and does no....
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
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