APHC010601462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331]

THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31416/2024 Between:

1. N ILLA RAMALINGAM, S/O BALAVEERAYYA, AGED ABOUT 46 YEARS, OCC HOSTEL WELFARE OFFICER GR-LL, GOVT., SW BOYS HOSTEL, PENTAPADU, WEST GODAVARI, R/O. D.NO. 13-11- 15, TADEPALLIGUDEM, KOBBARITHOTA, TADEPALLIGUDEM, WEST GODAVARI DISTRICT ...PETITIONER AND

1. T HE DISTRICT COLLECTOR, ELURU.

2. T HE DEPUTY DIRECTOR, SOCIAL WELFARE, ELURU.

3. T HE DIRECTOR OF SOCIAL WELFARE, AP, VIJAYAWADA, KRISHNA DISTRICT.

4. T HE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Hostel Welfare Officer Gr-I (HWO) without reference to the disciplinary proceedings / charge memo pending against him vide Charge Memo Proc., Rc. NO.A2/243/2019 dt 01.11.2019, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of Hostel Welfare Officer Gr-I (HWO), without reference to the disciplinary proceedings / charge memo pending against him from the date of his eligibility with all service and monetary benefits and to pass s IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Hostel Welfare Officer Gr-I (HWO), without reference to the disciplinary proceedings pending against him pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. POODATTU AMARENDER Counsel for the Respondent(S):

1. GP FOR SERVICES II

2.

The Court made the following:

:: ORDER ::

Heard Sri P.Amarender, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-II appearing for respondents 1 to 4.

2. Petitioner, Hostel Welfare Officer Grade-II, filed the above writ petition to declare the action of the respondents in not considering his case for promotion to the post of Hostel Welfare Officer Grade-I (HWO), due to the pendency of the charge memo vide Rc.No.A2/243/2019, dated 01.11.2019 (Ex.P2), as illegal and arbitrary.

3. A charge memo vide Rc.No.A2/243/2019, dated 01.11.2019 (Ex.P2) was issued to the petitioner. Petitioner submitted written defence/explanation dated 31.01.2020 (Ex.P3). An inquiry officer was appointed vide Rc.No.A2/243/2019, dated 21.02.2020 (Ex.P4). The inquiry officer submitted the inquiry report to the disciplinary authority vide Rc.No.845/2021/D, dated 04.08.2021 (Ex.P5). Thereafter, a seniority list was prepared vide Rc.No.B1/101/2020, dated 07.08.2020 (Ex.P6). In the seniority list, the petitioner was shown at Sl.No.27. The petitioner was not considered for promotion on the ground of the pendency of a vigilance case. However, the employees at Sl.Nos.39 and 43 were promoted.

4. Learned counsel for the petitioner would submit that, despite submitting the inquiry report by the inquiry officer (Ex.P5), the disciplinary authority has not concluded the inquiry. Learned counsel would also submit that the inquiry authority failed to adhere to the timelines fixed in G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.

5. Learned Assistant Government Pleader for