THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.15695 OF 2025

ORDER:

This writ petition is filed seeking the following relief:

“....to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in not considering case of the Petitioner for promotion as Administrative Officer from 19-09-2015 in view of setting aside the Punishment imposed by the 1^st Respondent in Appeal by the 2^nd Respondent vide G.O.Rt.No.36. T,R&B (Tr.Vig) Dept., dated 01-02-2022 and as well as dropping the charge memo by the 2nd respondent in G.O.Rt.No.36, T, R & B (Tr.Vig), department, dated 28-01-2021 as per the Government orders issued in G.O.Ms.NO. 424, G.A. (Ser.C) Dept., dated 25-05-1976, is totally illegal, arbitrary, unconstitutional void being violation of Arts. 14 & 16 of the Constitution of India and consequently direct the Respondents to consider the case of the Petitioner for promotion as Administrative Officer notionally with effect from 19-09-2015 with all consequential benefits like promotion, increments and etc, as otherwise the Petitioner will be put to heavy and irreparable loss and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case...”

2. Heard Sri R. Rajasekhar Rao, learned counsel appearing for the petitioner and learned Government Pleader for Transport, Roads and Building Department appearing for the respondents.

3. Learned counsel for the petitioner submits that the petitioner was appointed as Junior Assistant on compassionate grounds on 17-01-1998 and later he was promoted as Senior Assistant in the year 2007. He is fully eligible and qualified for consideration of his case for promotion as Administrative Officer. While he was working as Senior Assistant, the department has issued charge memo bearing No.6650/V3/2007, dated 20-11-2008.

4. Learned counsel for the petitioner further submits that his case was deferred on the ground that he is facing departmental inquiry on 24-08-2015, though he is standing at Sl.No.36 in the seniority list, while considering his junior namely Sri BMDV Prasad, who is standing at Sl.No.40 in the seniority list of Senior Assistant. The said case was ended with a punishment of withholding of next increment without cumulative effect vide R.No.6650/V3/V2/2007, dated 05-07-2019 by the 2nd respondent.

5. Learned counsel for the petitioner further submits that aggrieved by the said punishment, the petitioner preferred an appeal before the 1^st respondent. The 1st respondent did not consider the same. Aggrieved by the same, petitioner filed W.P.No.2335 of 2021 before this Hon’ble High Court and the same was disposed of, directing the respondents to consider the appeal and pass appropriate orders. Pursuant to the directions of this Hon’ble Court, the 1st respondent has considered the appeal of the petitioner and issued order setting aside the punishment imposed by the 2^nd respondent vide G.O.Rt.No.36, dated 01-02-2022. In view of setting aside the punishment, the petitioner is entitled for promotion as Administrative Officer on par with his junior as per G.O.Ms.No.424, G.A. (Ser.C) Dept., dated 25-05-1976.

6. Learned counsel for the petitioner submits that the 2^nd respondent issued another charge memo bearing No.2687/VI/2017- 26, dated 10.01.2018. Subsequently, the government had issued orders exonerating the petitioner from the charges vide G.O.Rt.No.36, dated 28.01.2021.

7. Learned counsel for the petitioner further submits that after the exoneration of charges, the petitioner has made a representation before the 2^nd respondent, seeking promotion as Administrative Officer.

8. Learned Government Pleader appearing for the respondents submits that the respondents would consider the representation submitted by the petitioner on 06.09.2024 and pass appropriate orders, in accordance with law.

9. This Court having considered the rival submissions made by the respective