Point of Law: An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course

ORDER:

Heard the learned counsel for petitioner and learned standing counsel for respondent municipality.

2. Petitioner is working as Senior Assistant in municipality service. He is aspiring promotion as Revenue Officer/Manager in the municipality service. According to petitioner in the final seniority list of Senior Assistants/UDRIs working in the municipalities of Warangal region prepared and published vide proceedings dated 5.12.2020, he was shown at serial no.20. In the Inter Regional seniority list, petitioner was shown at appropriate place and based on these placements, he is now within the zone of consideration for promotion as Revenue Officer/Manager. Petitioner apprehends that Departmental Promotion Committee is scheduled to meet shortly but on the ground that charges were formulated vide G.O.Rt No. 478 dated 21.06.2018 and departmental proceedings are pending, he is being ignored from consideration. In this writ petition, petitioner seeks direction to consider his claim for promotion as Revenue Officer/Manager without taking into consideration charge memo issued vide G.O.Rt No. 478 dated 21.06.2018 and to consider his case strictly in accordance with terms of G.O.Ms. No. 257 GAD (Ser-C) Dated 10.6.1999 and G.O.Ms No. 66 dated 30.01.1991 and to promote him. He placed reliance on directions issued by this Court in W.P. Nos. 24625 of 2020 and W.P. No. 11685 of 2019.

3. The issue for consideration is whether petitioner is entitled to claim promotions ignoring pending disciplinary proceedings.

4. Telangana State and Subordinate Service Rules 1996 (for convenience referred to as ‘General Rules’) deal with general conditions of service of all Government employees. Rule 5 deals with procedure for promotion to selection posts and non-selection posts. According to this Rule, non-gazetted posts are not treated as selection posts. According to sub-rule (a) of Rule 5, all first appointments to a State service and all promotions/appointments by transfer in that service should be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal, from the panel of eligible candidates determined. In case of non-section post, sub-rule (b) contemplates that promotion should be made in accordance with assessment of fitness of persons based on seniority position in the immediate lower cadre.

5. Rule 6 deals with method of preparation of panels. The salient features of this provision are, panel of approved candidates as envisaged in Rule 5 (a) should be prepared by appointing authority/authority empowered, in consultation with, the Departmental Promotion Committee if such posts are outside the purview of the Telangana State Public Service Commission and the Screening Committee, in respect of the posts within the purview of Telangana State Public Service Commission. The appointment should be made from the panels so drawn. Where no consultation is required from the Public Service Commission, panel should be prepared ordinarily during the month of September every year on the basis of estimate of vacancies. The 1st September of the year shall be reckoned as qualifying date to determine the eligibility and such panel would lapse on 31st December of the succeeding year or when the next panel is prepared, whichever is earlier. The zone of consideration is confined to 1:3. For computation of vacancies, 1st September of the year to the 31st August of the succeeding year should be reckoned as the period.

6. According to Rule 6(i) for non selection posts, competent authority should prepare list of eligible employees every year i.e., from 1st September of the year to the 31st August of the succeeding year, after considering the record sheet and qualifications prescribed.

7. It is appropriate to notice that Rules 5 and 6 of the Telangana State and Subordinate Service Rules, 1996 do not deal with the issue of consideration for promotion when disciplinary proceedings or criminal proceedings are pending. Howev