THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M. MOHIUDDIN WRIT APPEAL No.355 of 2025

JUDGMENT:

Heard Sri G. Vidyasagar, learned Senior Counsel representing Sri Sai Prasen Gundavaram, learned counsel for the appellant, Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing for respondent Nos.1 to 3, Sri K.Thirumala Rao, learned counsel for respondent No.4 and perused the record.

2. This Writ Appeal is directed against the dated 30.12.2024 passed by the learned Single Judge in W.P.Nos.25550 of 2021. The said Writ Petition was disposed of along with W.P.No.23141 of 2021 whereby the learned Single Judge i) allowed W.P.No.25550 of 2021 filed by respondent No.4 herein and has set aside the orders granting notional promotions to the appellant in regard to the post of Manager (Forestry) Grade-VI w.e.f. 01.04.2017 and also in regard to the post of Deputy General Manager, Grade-VII w.e.f. 01.05.2021. The appellant herein, who is respondent No.4 in W.P.No.25550 of 2021 challenges the directions issued by the learned Single Judge particularly in paragraph Nos.12 and 13 of the said order dated 30.12.2024 which directs the official respondents to modify the punishment imposed upon the appellant and to reconsider the case of the appellant for promotion after the modification of the punishment order and ii) dismissed W.P.No.23141 of 2021 filed by the appellant herein inter alia challenging the action of respondent No.1-Singareni Collieries Company Limited, in not considering and disposing the representation dated 04.08.2021 made by the appellant herein for promotion to the post of Deputy General Manager (Forestry) in E-VII Grade w.e.f. 01.04.2020 and consequently to direct respondent No.1-Company to consider the case of the appellant for promotion to the post of Deputy General Manager (Forestry) in E-VII Grade w.e.f. 01.04.2020.

3. The case of the appellant herein/respondent No.4 in Writ Petition No.25550 of 2021 was that he was appointed on 16.06.2001 as Junior Manager in E-I Grade, he was promoted to E-II Grade on 07.10.2004 as Forest Officer, he was further promoted to E-III Grade on 01.11.2007 as Senior Forest Officer, E-IV Grade on 01.04.2011 and E-V on 01.04.2014 as Deputy Manager and he became eligible to Manager (Forestry) E-VI Grade w.e.f. 01.04.2017, but due to pending disciplinary proceedings, his promotion was kept in a sealed cover.

4. The disciplinary proceedings initiated against the appellant herein concluded with a ‘warning letter’ dated 29.07.2019. Subsequently, the sealed cover was opened and the appellant herein was promoted to the post of Manager (Forestry) in E-VI Grade notionally w.e.f. 27.11.2018 by office order on 06.08.2019 and allowing the monetary benefits from

06.08.2019.

5. Aggrieved by the action of the respondent Company in not promoting the appellant herein w.e.f. the date of his eligibility i.e., 01.04.2017, the appellant approached this Court by filing W.P.No.20233 of 2020. However, during the pendency of W.P.No.20233 of 2020, the appellant was issued with office order dated 08.12.2020 modifying the office order dated 06.08.2019 and informing the appellant that the date of promotion in the pay scale of Rs.90,000-Rs.2,40,000 (E-VI Grade) may be read as 01.04.2017 (Notional) instead of 27.11.2018. The appellant was promoted as Deputy General Manager (Forestry) in E-VII Grade by office order dated

23.07.2021 w.e.f. 01.05.2021 allowing monetary benefit w.e.f.

14.07.2021.

6. Aggrieved by the promotion of the appellant herein to Grade-VI w.e.f. 01.04.2017 (by office order) and promoting the appellant to Grade-VII w.e.f. 01.05.2021 (by office order dated), respondent No.4 herein filed W.P.No.25550 of 2021 challenging the notional promotion of the appellant w.e.f. 01.04.2017.

7. The appellant made a representation dated 04.08.2021 to the respondents contending that he became eligible for promotion to E-VII Grade w.e.f. 01.04.2020 by restor