THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.20662 of 2023

ORDER:

This Writ Petition is filed seeking the following relief:

“…declaring that Petitioner is entitled to have his name considered and be included in the Annual Ad hoc Panel of Naib Tahsildars for the year 2017-2018 communicated vide Notice No.DCOAD/A1/1/0002/ 2021 dated 22-01-2021 issued by the 3^rd Respondent duly taking into consideration that the Petitioner was promoted as Naib Tahsildar vide Proc.No.A1/2080/2017 dated 01-03-2018 and in accordance with the provisions of Rule 6 of the T.S. State & Subordinate Service Rules, 1996 duly holding the action of the 3^rd Respondent in excluding Petitioner’s name from the Annual Ad hoc Panel of Naib Tahsildars communicated vide Notice No.DCOAD/A1/0002/2021 dated 22-01-2021 for the panel year 2017-18 and the related impugned rejection order issued by the 4^th Respondent vide impugned Proc.No.A101/14/2023 dated 25-04-2023, as being arbitrary, illegal, contrary to the provisions of Rule 6 of the T.S. State & Subordinate Service Rules, 1996 and in violation of Articles 14 and 16 of the Constitution of India and set-aside the same accordingly in the interest of justice and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case.”

2) Heard Sri V.Ravichandran, learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the respondents.

3) Learned counsel for the petitioner has submitted that while the petitioner was working as Senior Assistant during the year 2011, he was subjected to disciplinary proceedings vide charge memo dated 14.06.2011 and taking as a ground, he was also overlooked for promotion to the post of Naib Tahsildar. Aggrieved by the same, he filed W.P.No.26382 of 2017 wherein vide interim order dated 08.08.2017 respondents were directed to consider the case of the petitioner for promotion to the post of Naib Tahsildar. Since the said orders were not implemented, petitioner has filed C.C.No.2066/2017. At that stage, in order to overcome the interim order dated 08.08.2017, the respondents have passed order No.A2/3446/2011, dated 03.11.2017 imposing the penalty of withholding of three increments without cumulative effect and submitted before this Court that the interim order dated 08.08.2017 cannot be complied with in view of the punishment order dated 03.11.2017. However, this Court has not accepted the said plea on the ground that at the time of passing of the interim order dated 08.08.2017, no punishment orders were in existence against the petitioner. As such, left with no other option, the respondent No.3 has issued order vide Proc.No.A1/2080/2017, dated 01.03.2018, promoting the petitioner as Naib Tahsildar during the panel year 2017-2018 and since then he has been working as Naib Tahsildar and fully eligible for inclusion of his name in the Ad hoc Annual Panel of Naib Tahsildars. However, in the Ad hoc Annual Panel of Naib Tahsildars for the year 2017-2018 communicated vide Notice No.DCOAD/A1/1/002/2021, dated 22.01.2021, the name of the petitioner was excluded. Therefore, he filed W.P.No.46299 of 2022 and the same was disposed of by this Court vide order dated 28.12.2022 directing respondent No.4 to consider the representation of the petitioner dated 06.12.2022 duly taking into consideration the promotion proceedings dated 01.03.2018. In pursuance thereof, respondent No.4 had passed the impugned order dated 25.04.2023 rejecting the claim of the petitioner for inclusion on the ground that he was under currency of punishment during the relevant point of time and that his objections were not submitted in time, which contention was already not accepted by this Hon’ble Court while dealing with C.C. No.2066/2017.

4) Learned counsel has further submitted that while the petitioner is working as Naib Tahsildar at Jaipur Mandal, respondent No.4 had placed the petitioner under suspension vide proceedings No.A1/1389/2020-1