HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.20690 OF 2020

ORDER:

Heard Sri M.R.Tagore, learned counsel appearing

on behalf of the petitioner and the learned Assistant Government Pleader for Services-I , appearing on behalf

of the respondents.

2. The petitioner approached the Court seeking the

prayer as under:

“…to issue a Writ, order or direction more

particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering the petitioner’s claim for promotion as Dist. Mass Education and Media Officer in the existing vacancies available as on the qualifying date 1-9-2019 and basing on the ACRs submitted by the DM and HO, Nalgonda vide Rc.No.3266/E1/2019, dated 29/10/2019 and consequently promoting the petitioners juniors vide G.O.Ms.No.28, HM and FW Dept. dated 29/6/2020 as illegal, arbitrary and contrary to the rules, consequentially, this Hon’ble Court may be pleased to declare that the petitioner herein is entitled for promotion as DMEMO notionally with consequential

benefits 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:-

i) The petitioner was initially appointed as MPHA in 1989 and promoted from time to time, lastly as Health Education and Extension Officer in 2016. As per rules, the next promotion is to the post of District Mass Education and Media Officer.

ii) In 2019, the respondent No.2 finalized the seniority list of HEEOs, placing the petitioner at Sl.No.7, and called for ACRs to consider eligible candidates for promotion as DMEMO for the panel year 2019–2020. The DMHO, Nalgonda submitted the petitioner’s ACRs on 29.10.2019. However, the DPC was not convened within a reasonable time.

iii) Though the petitioner submitted repeated representations, and though the juniors of the petitioner were promoted as DMEMO, no promotion was granted to the petitioner before his retirement on 31.03.2020. Aggrieved by the inaction of the respondents, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the counter affidavit filed on behalf of the respondent Nos.1 and 2 is extracted hereunder:

“Due to afore mentioned reasons, the DPC was conducted later in the month of June 2020 and promotions were awarded to available candidates / HEEOs which included juniors of the petitioner. As the petitioner retired from service on attaining superannuation on 31.03.2020, the petitioner could not be considered for promotion as DMEMO.

It is further relevant to submit that, the petitioner retired from service on attaining the age of superannuation on 31.03.2020 by that time DPC was not convened prior to this retirement such was the reason his case was not considered, apart from the above, no junior to him was considered for promotion before his retirement. Therefore, the question of notional seniority does not arise.”

DI SCUSSI ON AND CONCLUSI ON:

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner submitted detailed representation dated 12.11.2020 to the respondent Nos.1 and 2 requesting grant of notional promotion as District Mass Education and Media Officer contending that the petitioner, belongs to the SC category, and was promoted as Health Education and Extension Officer vide Rc.No.314/FW-E2/2015, dated 09.09.2016, and as per the seniority list vide Rc.No.715/FW- E2/2018, dated 03.10.2019, and the final seniority list of HEEOs, the petitioner was rightly placed at Sl.No.7. After preparation of the final seniority list of HEEOs, vide proceedings dated 15.10.2019, the Annual Confidential Reports were called for from eligible candidates for promotion as DMEMO for the panel year 2019–2020. Further, the DM&HO, Nalgonda, had submitted the Annual Confidential Report vide Rc.No.3266/E1/2019, dated 29.10.2019, for consideration of the petitioner’s claim for promotion as DMEMO in the existing vacancies for the panel year 2