THE HON’BLE THE CHIEF JUSTICE APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE P. SAM KOSHY Writ Petition No.19972 of 2025

ORDER:

(per the Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. Goda Siva, learned Senior Counsel appearing on behalf of Ms. G.Ramalakshmi, learned counsel for the petitioner, Mr. Harender Pershad, learned Senior Counsel appearing on behalf of Mr. A.Naren Rudra, learned Standing Counsel for respondent No.1/ High Court for the State of Telangana, andMs. M.Shalini, learned Government Pleader for Services-III appearing for respondent No.2.

2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorari calling for the records relating to and connected with Order ROC.No.30/2025-BSPL., dated 21.05.2025, passed by respondent No.1 / High Court for the State of Telangana and to quash or set aside the same holding it to be arbitrary, illegal, unjust and violative of the Articles14 and 16 of the Constitution of India. In addition, there was also a prayer made by the petitioner to direct respondent No.1 to include the petitioner’s name in the list of eligible candidates for participating in the promotion process for the post of District Judges (Entry Level) from the cadre of Civil Judges (Senior Division) under 65% quota for the year 2025 for which notification has already been issued by respondent No.1.

3. The grievance of the petitioner seems to be that persons junior to him and persons immediately senior to him have been included for being considered to be promoted to the District Judges (Entry Level) cadre and there is no impediment whatsoever coming in the way for respondent No.1 in not including the name of petitioner also for the said post.

4. From the instructions received from respondent No.1, it is revealed that perhaps the petitioner’s name got left out for the reason that she was subjected to disciplinary proceedings which resulted in punishment of withholding of three annual increments with cumulative effect vide order dated 26.11.2018. The said order of punishment was challenged by the petitioner before the High Court in Writ Petition No.4187 of 2021, and the Division Bench of this High Court on 23.09.2019, dismissed the said writ petition. The order of punishment and the order of High Court were later challenged by the petitioner before the Hon’ble Supreme Court by way of S.L.P. (Civil Appeal) No.461 of 2020, and the Hon’ble Supreme Court vide its judgment dated 22.02.2021, allowed the said Civil Appeal in part and modified the order of punishment from withholding of three annual increments with cumulative effect to withholding of one increment without cumulative effect. The relevant portion of the Hon’ble Supreme Court is reproduced hereunder:

“… … … Having regard to the totality of circumstances of the case, we are of the considered view that the interests of justice would be met if the punishment is reduced from withholding of three increments with cumulative effect to withholding of one increment without cumulative effect.”

5. The order of punishment was one which was passed on 26.11.2018. Hence, the rigor of the said punishment upon being implemented would remain only till 26.11.2019. Beyond 26.11.2019, the petitioner does not have any impediment or hurdle for being considered for promotion. Meanwhile, on 23.09.2019, just around 2 months before the rigor of minor punishment operating against the petitioner got over, the batchmates were promoted to the post of Civil Judge (Senior Division). The petitioner became eligible for promotion after the decision of the Hon’ble Supreme Court modifying the punishment and converting the major punishment into minor punishment and whose effect was only for a period of 1 year. The respondent No.1 considered the case of petitioner and promoted her as Civil Judge (Senior Division) on 22.06.2022. However, the respondent No.1, has refused to hold the petitioner eligible for promotion to t