THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.19694 OF 2025

O R D E R:

With the consent of both the parties, this Writ Petition is being taken up for disposal at the admission stage itself.

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

“...to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to declare the action of the Respondents in not promoting the Petitioner to the post of Assistant Director (Admn.) in the existing vacancies for the Panel Year 2024-25 as per G.O. Ms. No.257, dated 10/6/1999 without reference to the disciplinary proceedings, is illegal, arbitrary and unjust and consequently direct the Respondents to promote the Petitioner to the post of Assistant Director (Admn.) in the existing vacancies for the Panel Year 2024-25 on par with others with all consequential benefits and pass...”

3. Heard Ms.Priyanka Singh, learned counsel representing Sri G.S.Prasen, learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the respondents.

4. Learned counsel for the petitioner submits that the petitioner is working as Administrative Officer and he is eligible for promotion to the next higher post i.e., Assistant Director. However, the on the ground that disciplinary proceedings initiated against him vide G.O.Ms.No.177 dated 03.03.2021 basing on certain allegations pertaining to the year 2009 are pending, the petitioner has also submitted his explanation to the aforesaid Articles of Charge and that no enquiry was initiated against him so far. It is further submitted that the DPC was conducted for the panel year 2021-22 and the petitioner’s case was deferred on the ground that the charges levelled against him are pending. Further, the petitioner stood at Serial No.3 in the final seniority list of Administrative Officers of Multi Zone-II. It is also submitted that the government issued guidelines in G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.6.1999, to consider the cases of employees for promotion against whom disciplinary proceedings/criminal proceedings are pending. Therefore, learned counsel prays this Court to direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Director in terms of G.O.Ms.No.257 General Administration (Ser.C)

Department, dated 10.6.1999.

5. Learned Government Pleader for the respondents submits that the allegations levelled against the petitioner are serious in nature and therefore, he is not entitled for further promotion.

6. Having regard to the submissions made by learned counsel for the petitioner, this Writ Petition is disposed of directing the the post of Assistant Director in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, as per seniority and eligibility, as and when promotions takes place. Miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

____________________ PULLA KARTHIK, J Date : 20.08.2025.

Note : Issue C.C. by 22.08.2025 B/o.TMK