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NAMAVARAPU RAJESHWAR RAO
K. Balu – Appellant
Versus
State of Telangana, rep. by its Principal Secretary, Health Medical & Family Welfare Department, Hyderabad – Respondent
ORDER :
This writ petition is filed seeking the following relief :
2. Heard learned counsel appearing for the petitioner.
3. The brief facts of the case are as follows :
The petitioner was appointed as Civil Assistant Surgeon (Medical Officer) on 16.11.1989 at Primary Health Centre, Wankidi, Adilabad District, by the 3rd respondent. Thereafter, he was transferred to the Civil Hospital, Chennur, Adilabad District and worked there up to 1995. Subsequently, he was transferred to Area Hospital, Manchiryal, Adilabad District, and worked there up to 20
The central legal point established in the judgment is that government servants facing disciplinary or court proceedings for promotion should be considered in accordance with G.O.Ms.No.257, and delay....
Promotion cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that ad....
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
The central legal point established in the judgment is the requirement for due process in deferring promotions in cases of pending disciplinary and criminal proceedings, emphasizing the need for char....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
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