The court directed the respondents to consider the petitioner's promotion to I/C Chief Engineer in accordance with G.O.Ms.No.257, provided the petitioner is within the zone of consideration, regardless of the pendency of certain disciplinary proceedings.

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 topleased to issue Writ Order or Direction more particularly one in the nature if Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of I/C Chief Engineer on mere pendency of disciplinary proceedings vide Memo.No. 2209/VC(1)/2013-1 dated 18-07-2013, G.O.Rt.No. 498 T,(RandB) (VIG.RandB) Dept dated 04-12-2018 and G.O.Rt.No. 69 TRandB(VIG- RandB) Dept dated 06-03-2023 (incident pertaining to the year 2017), denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of I/C Chief Engineer without reference to the pending disciplinary proceedings vide Memo.No. 2209/VC(1)/2013-1 dated 18-07-2013, G.O.Rt.No. 498 T,(RandB) (VIG.RandB) Dept dated 04-12-2018 and G.O.Rt.No. 69 TRandB(VIG- RandB) Dept dated 06-03-2023 on the same anology of orders passed by this Hon'ble Court in W.P.No. 3413 of 2026 dated 06-02-2026 and 2010 (4) ALT 374 (D.B) and pass

IA NO: 1 OF 2026

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 pleased to consider the candidature of the petitioner for promotion to the post of I/C Chief Engineer in the existing vacancy, without reference to the Charge Memo vide G.O.Rt.No. 69 TR&B(VIG- R&B) Dept dated 06-03-2023 pending disposal of the above writ petition and to pass

The Court made the following ORDER:

1. This Writ Petition is filed to declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of I/C Chief Engineer on the mere pendency of disciplinary proceedings vide proceedings dated 18-07-2013, G.O.Rt.No.498 dated 04-12-2018, and G.O.Rt.No.69 dated 06-03-2023, pertaining to incidents of the year 2017, as illegal and arbitrary.

2. At the time of hearing, the learned counsel for the petitioner confined his submissions to a limited prayer, seeking a direction to the respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.

3. The learned Government Pleader appearing for the respondents, on instructions, submitted that the respondents would consider the case of the petitioner, if he falls within the zone of consideration, subject to his fulfilling all the conditions prescribed under the said G.O.

4. Given the facts and circumstances of the case, and without going into the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondents to consider the case of the petitioner for promotion to the post of I/C Chief Engineer strictly in accordance with G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is within the zone of consideration, whenever the DPC is conducted. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.