The Court made the following:

COMMON ORDER:

1. Writ Petition No.26305 of 2023 is filed declaring the action of respondent Nos.2 and 3 in not promoting the petitioner to the post of Deputy General Manager, as illegal, arbitrary and consequently to direct the respondents to promote the petitioner without referring to regulation 4.12 (iii) of Andhra Pradesh Co-operative Bank Association Staff Service Regulations dated 17.04.2023.

2. Writ Petition No.33378 of 2023 is filed declaring the action of respondent Nos.2 and 3 in promoting respondent No.4 to the post of Deputy General Manager ignoring the seniority of the petitioner in promotions conducted on 16.10.2023, as illegal, arbitrary and consequently set aside the impugned promotion and direct the respondents to promote the petitioner to the post of Deputy General Manager.

3. Heard learned counsel for the petitioner, learned Government Pleader appearing on behalf of respondent No.1 and learned Standing Counsel appearing on behalf of respondent Nos.2 and 3.

4. Considering the submissions, this Court has granted the following interim order in W.P.No.26305 of 2023 on 16.10.2023:

“Heard Sri V.V.Satish, learned counsel for the petitioner as well as Ms. V.Uma Devi, learned Standing Counsel appearing for the respondents 2 and 3.

Having considered the submissions made by the learned counsel on both sides, there shall be interim direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy General Manager. However, said promotion shall be subject to the result of the writ petition.

Registry is directed to print the name of learned Government Pleader for Cooperatives in the place of Government Pleader for Services I in the cause list.

Post the matter after four (04) weeks for filing counter.”

5. Based on the above direction, the respondents have considered the case of the petitioner along with Sri P.Rama Mohan. The case of the petitioner was also recommended to the existing post of Deputy General Manager. But, surprisingly, the respondents have considered the case of only Sri P.Rama Mohan and no orders have been passed with regard to the petitioner.

6. In fact, for dereliction of duties in discharging duties, disciplinary proceedings were initiated against the petitioner and an enquiry was conducted and a report was submitted on 22.02.2018 under Sub-Section 51 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, ‘the Act’) holding that the charge against the petitioner was not held proved. Based on the same, a show-cause notice was issued to the petitioner on 10.08.2018 proposing the punishment of withholding two increments without cumulative effect. Aggrieved by the same, the petitioner has preferred an appeal. The said appeal was allowed vide order dated 10.07.2019 with the following observations:

“Having considered the charge and allegations, explanation of Sri A.Srinivasanaidu, Manager, Enquiry findings, explanation to the show case notice of the charged officer, proceedings of the disciplinary authority and grounds of appeal and after careful and independent examination of the relevant material placed and the gravity of the proven misconduct, the President in the capacity of Appellate Authority has observed that the enquiry officer has not established any delinquency and as such any action against the charged officer is a long drawn conclusion. Hence, it is decided to drop the punishment imposed against him.”

7. Subsequently, the petitioner’s case was considered and he was promoted as Assistant General Manager on 27.05.2020. His next promotion is to the post of Deputy General Manager. In view of the above said dropping of disciplinary proceedings against the petitioner, he is eligible and entitled for promotion to the post of Deputy General Manager. Accordingly, he made a representation/request on 25.08.2023. However, the same was not considered by the respondents. Though t