THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.42660 OF 2018

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not according notional promotion to the petitioner on par with 4th respondent in the cadre of Superintendent and Executive Officer Grade-I as being arbitrary, illegal, unjust and violation of Articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled to be promoted as Superintendent and Executive Officer Grade-I on par with 4th respondent with all consequential benefits and pass...”

2. Learned counsel for the petitioner submitted that the petitioner was appointed as Junior Assistant with the 3^rd respondent-institution and later promoted to the post of Senior Assistant. Subsequently, he was promoted to the post of Superintendent and discharging his duties. He further submitted that initially the petitioner was appointed as Junior Assistant on consolidated pay, four years prior to the appointment of respondent No.4 and was transferred from respondent No.3 institution to Sri Linga Basaveshwara Swamy Temple located in Padmati Somaram Village, by taking advantage of the same, within one month respondent No.4 has been promoted as Senior Assistant and further got promoted to the post of Superintendent, ignoring the candidature and the seniority of the petitioner. Therefore, the petitioner made representation to respondent No.3, requesting to promote him to the post of Superintendent which was sanctioned in the cadre strength and further requested to accord notional promotion on par with respondent No.4. Thereafter, respondent No.3 addressed a letter to respondent No.2, wherein he was requested to accord permission for awarding notional promotion to the petitioner on par with respondent No.4 in the cadre of Superintendent. In turn, respondent No.2 issued proceedings stating that respondent No.4 filed W.P.M.P.No.39408 of 2011 in W.P.No.29343 of 2011 and pursuant to the directions issued by this Court vide order, dated 07.12.2011, respondent No.4 got promoted as Executive Officer Grade-I on adhoc basis as such the issue of notional promotion of the petitioner is not feasible at the point of time as the above writ petition is pending for adjudication, but permission was accorded to promote the petitioner as Superintendent in the existing vacancies with an ulterior motive.

3. Learned counsel for the petitioner further submitted that the petitioner is fully eligible for notional promotion on par with respondent No.4, but the respondents are not considering the same though the writ petitions which were filed by respondent No.4 have been disposed of as no further orders are necessary and wherein the petitioner has got impleaded himself as party respondent and depriving the petitioner’s right for the notional promotion on par with respondent No.4.

4. Learned counsel for respondent No.2 would submit that a letter dated 10.03.2012, wherein it is stated that Sri G.Manohar Reddy-respondent No.4, presently working as Superintendent at Sri Parvathi Jadala Ramalingeswara Swamy Devasthanam, Cheruvugattu (V), Narketpalli (M), Nalgonda District, had restored the Government’s abeyance orders and promoted as Executive Officer Grade-I by transfer of service, subject to review by the Government. In the said letter, respondent No.2 requested the Government to review the orders issued in G.O.Rt.No.2112 Revenue (Endts-I) Department, dated 17.11.2008, after following the procedure and issue orders at an early date rejecting his revision petition.

5. In reply, learned counsel for the petitioner submitted that till today the said process was not completed by the respondent authorities and Government may review the orders passed in G.O.Rt.No.2112 Revenue (Endts-I) Department, dated 17.11.2008.

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