Promotions cannot be denied based on pending criminal proceedings initiated after the eligibility date, emphasizing equal treatment among similarly situated employees.

ORDER :

(PULLA KARTHIK, J.)

Since the issue involved in these cases is inter-connected, there were heard together and are being disposed of by this common order.

2. W.P.No.29945 of 2023 is filed seeking the following relief :

“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Government Memo.No.13888/Ser.I/2023, dated 28-8-2023 issued by the 1st respondent as being illegal, arbitrary, unjust, non-application of mind and contrary to the law on the subject besides being violative of Articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled for promotion to the post of Deputy Collector with effect from the date on which his immediate junior was promoted to the said post during February, 2017 with all consequential benefits and attendant benefits and pass…”

3. Heard Sri Pratap Narayan Sanghi, learned Senior Counsel, representing Sri P. Narasimha, learned counsel for the petitioner, and the learned Government Pleader for Services-I, appearing on behalf of the respondents.

4. Learned Senior Counsel for the petitioner submitted that the petitioner was selected and appointed to the post of Deputy Tahsildar through the erstwhile Andhra Pradesh Public Service Commission in pursuance of Notification No.10/1999, and he joined duty as such on 09.03.2005. While so, as the Public Service Commission conducted the departmental tests belatedly, the petitioner could not pass the prescribed departmental tests within the prescribed time for declaration of his probation in the category of Deputy Tahsildar, and he had passed the said Departmental Tests belatedly on 30.11.2008 only due to a delay by the Public Service Commission in the conduct of said tests. Thereafter, in terms of Rule 16(h) of State and Subordinate Rules, 1996, his probation in the category of Deputy Tahsildar was declared w.e.f., 30.11.2008. Subsequently, after due consideration of his representation dated 22.02.2012, the Government issued G.O.Rt.No.412 dated 21.03.2013, and ordered to relax the provisions of Rule 16(h) of the State and Subordinate Service Rules, 1996, in favour of the petitioner, and to declare that he shall be deemed to have completed his probation within the normal period of probation in the cadre of Deputy Tahsildar from date of his joining, i.e., 09.03.2005.

5. It was further submitted that the petitioner was promoted to the cadre of Tahsildar on 04.11.2013, and the Government issued G.O.Ms.No.39, Revenue Department, dated 20.01.2018, assigning notional seniority to the petitioner in the category of Tahsildar by relaxing Rule 33-A of the State and Subordinate Service Rules, duly directing to place the petitioner’s name above Mr. S. Ramesh Babu (Sl.No.11) and below Mr. K. Rajendra Kumar (Sl.No.10). Accordingly, the petitioner was assigned notional seniority in the cadre of Tahsildar, w.e.f., 01.09.2008 in the revised panel year 2008-09. Further, the petitioner is the senior-most employee in the category of Tahsildar, and therefore, he is entitled for promotion to the post of Deputy Collector, as his junior, Mr. S. Ramesh Babu, was already promoted to the said post vide G.O.Ms.No.106 dated 15.02.2017. Therefore, since the Government has already assigned notional seniority to the petitioner in the category of Tahsildar w.e.f., 01.09.2008, he is entitled for promotion to the post of Deputy Collector on par with his junior, Mr. S. Ramesh Babu, w.e.f., 15.02.2017. Therefore, the petitioner made a representation to respondent No.2 on 31.01.2018, requesting to consider his case promotion to the post of Deputy Collector on par with his junior, Mr. S. Ramesh Babu, w.e.f., 15.02.2017, and as the respondents have not taken any decision on the representation, he filed W.P.No.12844 of 2023. The said writ petition was disposed of on 28.04.2023, directing respondents to dispose of the representation of the petitioner dated 31.01.2018 within eight weeks. In pursuance of