HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.9291 of 2023 Heard Sri S. Jagadish, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.1 to 3 and Smt. Madhavi Latha, learned Standing Counsel for Service matters of Municipal Corporation appearing on behalf of the respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“….to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the Proceedings, Roc.No.03/2023/A4 dated 06.02.2023 of the 3^rd respondent in rejecting the rightful claim of the petitioner for promotion to the post of superintendent as per his seniority as void, illegal, arbitrary, without jurisdiction and unconstitutional and set aside the same and consequently direct the respondents 1 and 2 to consider the case of the petitioner for promotion to the post of Superintendent on par with his juniors with all consequential benefits by taking into consideration of the remarks sent by the 4^th respondent dated 26.11.2021 and pass…..”

3. The case of the petitioner, in brief, is that the petitioner was serving as a Bill Collector for over 26 years in the respondent No.3-Municipal Corporation, and was fully qualified for promotion having completed B.Com, MBA, and departmental tests. The petitioner was deputed to GHMC from 2010 to 2017, but his seniority and lien remained with the parent department. Despite being senior, the petitioner was overlooked for promotion while his juniors were promoted. Hence, several representations were made by the petitioner to consider his promotion to the post of Superintendent, and W.P. No. 33107 of 2022 was filed, wherein this Court directed the respondent Nos.1 and 2 to consider his case within six weeks. However, the respondent No.3, being an incompetent authority, passed an impugned order on 06.02.2023 rejecting the claim of the petitioner for promotion. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD A) The impugned proceedings vide Lr.No.C1/ 3528/ 2009, dated 26.11.2021 issued by the respondent No.4-Additional Collector (LB), Commissioner (FAC), Nizamabad Municipal Corporation to the respondent No.2-The Commissioner and Director of Municipal Administration T.S., Hyderabad is extracted hereunder “From To Miss Chitra Mishra, IAS The Commissioner & Addl. Collector (LB). Director of Municipal Commissioner (FAC). Administration, Nizamabad Municipal Corporation. T.S., Hyderabad.

Lr.No.C1/3528/2009, Dated 26-11-2021 Sir, Sub: Public Servants-Sri. V. Ranveer Bhupal, Bill Collector who is under deputation to GHMC, Hyderabad - repatriated to the Nizamabad Municipal Corporation- requested for the promotion to the post of Superintendent-certain information called for-

submitted-reg.

Ref: 1. This office Lr.No.C1/3528/2009 Dt:25.02.2021

2. This office Lr.No.C1/05/2021 09-08-2021

3.Memo Roc.No.368751/2021/M1 Dt: 07.09.2021 from the Commissioner & Director of Municipal Administration Hyderabad.

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I invite kind attention to the references cited and submit that as called for in the reference 3^rd cited. It is submitted that Sri.V.Ranveer Bhupal, Bill Collector has deputed to the GHMC, Hyderabad as per the orders issued in G.O.Rt No.353 MA & UD Dept Dt:23.09.2010 and relleved from this office on 14.10.2010, the Service Register and Last Pay Certificate has been sent to GHMC Hyderabad. His Annual Grade Increments and sanctioning of leave were solved at the GHMC Hyderabad. Subsequently the provisional seniority lists of Bill Collectors have been communicated to all the Bill Collectors including the name of Sri.V. Ranveer Bhupal for further promotions. But he has not responded and not filled any application for promotion.

Whereas since from his deputation i.e from 14.10.2010 no representation for considering his promotions. Therefore his case of promotion was not taken into account resuming th