The court mandated the review of promotion decisions considering revised seniority and previous directives, emphasizing the necessity of just and reasoned orders in administrative actions.

ORDER:

SUREPALLI NANDA, J.

Heard Sri J.R.Manohar Rao, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-III appearing on behalf of the respondents.

2. The petitioner approached the Court seeking amended prayer as under:

“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not considering the case of the writ petitioner for promotion to the post of Joint Director for the panel year 2017-2018 though the 2nd respondent has issued Memo No 1027/168/A2/Admn I/2016 dt 14/08/2019 and Memo No 1027/168/A2/Admn I/2016 dt 28/10/2019 requesting the 1st respondent to submit the proposals for effecting promotion to the post of Joint Director is as illegal, arbitrary, unjust, and contrary to the orders issued in G.O.Ms.No.187, dt 25/04/1985 and consequent hold that the writ petitioner is entitled to be promoted to the post of Joint Director for the panel year 2017-2018 with all consequential benefits in terms of the orders of this Honble Court in W P No 16768/2018 dt 12/10/2018 and pass….”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

It is specific case of the petitioner that the petitioner was selected through Notification No. 03/2012 by the Public Service Commission for the post of Assistant Director of Insurance and appointed on 06.02.2013. Petitioner’s services were regularized and probation declared in 2015. As per G.O.Ms.No.267, F&P, dated 06.07.1993, appointments were to be made in the ratio 1:2 (Direct Recruitment: Appointment by Transfer), but vacancies meant for direct recruits were illegally filled by ad hoc promotees, leading to irregular seniority.

It is further the case of the petitioner that the petitioner and others challenged this in W.P.No.36768 of 2018, which was allowed by directing the 2^nd respondent to examine the contentions raised by the petitioner and others in their appeals to the Government dated 04.04.2018, 06.08.2018, and 20.08.2018, resulting in revised seniority vide Memo Memo No.1027/168/A2/Admn.1/2016dated 31.01.2019, placing the petitioner at Sl. No. 1 and petitioner’s junior, Md. Kabeeruddin, at Sl. No. 5. The petitioner was notionally promoted as Deputy Director with effect from 20.08.2016.

It is further the case of the petitioner that however, despite the revised seniority, petitioner’s case for promotion as Joint Director for 2017–2018 was ignored while petitioner’s junior was considered under G.O.Ms.No.139, dated 31.08.2018. Though the Government directed review of DPC proceedings in 2019, no action was taken, and petitioner’s promotion was only considered for 2020–2021 vide G.O.Rt.No.13 dated 07.01.2021. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD.

A. The relevant portion of the order of this Court, dated 12.10.2018 passed in W.P.No.36768 of 2018 is extracted hereunder:-

5. Having regard to the above, without entering into merits of the contentions urged, the Writ Petition is disposed of directing the Principal Secretary, Finance Department-2nd respondent to examine the contentions urged by the petitioners in their appeals dated 04.04.2018, 06.08.2018 and 20.08.2018. However, if the 2^nd respondent is prima-facie in agreement with the contentions urged, he shall also cause notice on the affected parties, afford due opportunity to the petitioners and rival claimants and pass orders by assigning due reasons in support of the decision. The said exercise shall be completed within a period of two (2) months from the date of