ORDER:

This Writ Petition is filed, seeking the following relief:

“…..to issue a Writ, Order or direction to grant appropriate relief declaring the action of the respondents in not considering and not passing any final orders in the departmental proceedings initiated against the petitioner in G.O.Rt.No.75, Municipal Administration and Urban Development (E2) Department, dated 22.01.2007 issued by the 1st respondent despite concluding the departmental proceedings in submitting the enquiry report by the enquiry officer effecting promotions to the post of Superintending Engineer Public Health as arbitrary, illegal and unconstitutional malafide discriminatory, violative of Articles 14, 16 and 21 of the Constitution of India and consequently directing the respondents to forthwith pass final orders in the departmental proceedings initiated against the petitioner in G.O.Rt.No.75, Municipal Administration and Urban Development (E2) Department, dated 22.01.2007 issued by the 1st respondent before effecting promotions to the post of Superintending Engineer Public Health or alternatively, consider the case of the petitioner for promotion to the post of Superintending Engineer Public Health as per his seniority issued in Memo No. 9954/CS1/2016, dated 23.09.2016 in the existing vacancies without reference to the departmental proceedings initiated against the petitioner issued in G.O.Rt.No.75, Municipal Administration and Urban Development (E2) Department, dated 22.01.2007 issued by the 1st respondent before promoting any juniors to the petitioners and pass such other orders.”

2. Heard Mr. P.V.Krishnaiah, learned counsel for the petitioner and learned Government Pleader, Services-IV for the respondents.

3. The brief facts of the case are that the petitioner was initially appointed as Assistant Executive Engineer in 1989. Subsequently he got promotion as Deputy Executive Engineer and Executive Engineer in the year 2000 and 2005 respectively in the Public Health Department. While he was working as Deputy Executive Engineer and In-charge Municipal Engineer, Samalkot Municipality, the 1st respondent issued disciplinary proceedings against the petitioner alleging certain irregularities. The respondent without considering the explanation submitted by the petitioner, an enquiry was initiated, but the enquiry officer has not conducted any enquiry. Subsequently the petitioner retired from service on 30.11.2011. After retirement, another Enquiry Officer was appointed in the year 2013, who also taken time to complete the departmental enquiry and he concluded the enquiry and submitted his report on 01.10.2016, but the Government has not passed any final order till date. As per the seniority list in the cadre of Executive Engineers by Memo dated 23.09.2016, prepared by the 2nd respondent, the name of the petitioner is shown at Rank No.17 and he is ripe for promotion to the post of Superintending Engineer in the existing vacancies. Therefore the action of the respondents is questioned in this writ petition.

4. The respondents failed to comply with the Rule 12(1) of Writ Rules in filing the counter-affidavit within time. Therefore the right of filing counter-affidavit is forfeited.

5. During hearing learned counsel for the petitioner reiterated the contents urged in the affidavit and mainly contended that the respondent authorities without considering the case of the petitioner for promotion on the sole ground that the departmental proceedings initiated in the year 2007 are not concluded, even though the pendency of departmental proceedings for the past 9 years cannot be a ground for not considering the case of the petitioner for promotion. Though enquiry report submitted, but the Government is not taking any steps to pass final orders since 2016 itself. Therefore the petitioner approached this Hon’ble Court and questioning the action of the respondents in this writ petition.

6. On perusal of the record, it is observed that disciplinary proceedings initiated agai