High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction especially one in the nature of writ of Mandamus declaring that a) the action of the Respondents in not promoting the Petitioner as Additional General Manager (Mining) (E-8 Grade) in the D.p.C. 2023 - 2024, while prcimoting the juniors to the Petition er on 0110812024 as illegal, arbitrary and discriminatory and violative of Article 14 and 16 of constitution of India. b) further declare that, the Respondents are not justified in not promoting the Petitioner to the post of Additional General Manager (Mining) (E-8 Grade) on 0110812024 when Petitioner was not facing any departmental/ disciplinary proceedings as on the date of meeting of D.P.C. for considering the cases of the Petitioner for promotion is illegal and arbitrary. c) declare that the Respondents shall promote the Petitioner as Additional General Manager (Mines) (E-B Grade) with effect ftom 0110812024 i.e., trom the date of promotion of his immediate junior and further entitled for further promotion to the post of General Manager. lA NO: 1 OF 2025 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may ber pleased to direct the Respondents to promote the Petitioner as Additional General Manager (Mining (E-B Grade), pending disposat of the Writ petition. Counsel for the Petitioner: SRt SRIN|VASA RAO MADIRAJU Counsel for the Respondents: SRI P.SRI HARSHA REDDY, SC FOR SINGARENI COLL]ERIES CO LTD The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAI/ARAPU RAJESHtrIAR RAo Writ Petition No.33 14 of2O25 ORDER: This writ petition is filed seeking the following relief: "......to issue uit order or direction more particularlg one tn the nature of WRIT OF MANDAMUS declaing ttnt: (a) .the action of the respond.ents in nol promoting the petitioner as Additional General Manager^ (Miningi @-8 Grade) in the D-P.C. 2023-2024, uhile promoting the"juniors to the petitioner on 01.08.2O2+ os lttegat, albitrary and dtscnminatory and uiolatiue of Articli 14 ond "16 Constitution of India. (b) further declare that the respond.ents are not justifted in not promoting the petitioner to the post of Additional General Manager (Mning) (E 8 Crad_e) on 01.08.2O24 utherL petitioner LUas not Jacing any departmental/ d.isciplinary proceedings as on the date of meeting of O.i.C yi, consideing th,e coses of the petitioner for piomotion is t egal and arbitrary. (c) declqye that the respondents shc]ll promote the petitioner <ts Additional General Manager (Mines) (E_8 Gr;dq wrth "ff"d [r:* 01.08.2024 i.e., from the dqte of promotion of his immediate junior and further entitted for further promotiln to the post oJ Generol Manager and. pass suih order or orders."

2. Heard Mr. Srinivasa Rao Madiraju, learned counsel for the petitioner ancl sri P.sriharsha Reddy, learned standing counsel for Singareni Collieries Company Limited appearing for the respondents.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as Mining Graduate Trainee on O1.02.19g1. After completion of one year of training, he was posted as Graduate Mining Engineer on O1.O2.1992. lt is further submitted that he was promoted to several posts such as Under Manager in the year 1993, -i \ ) ----' 2 wP__3314_2025 RRN, J Senior Under Manager in the year 1998, Assislztnt Manager and Additional Manager in the years 2OOI & 2OO5 and further promoted as Superintendent of Mines in the year 2072. 1-Ircreafter, he.was promoted as Deputy General Manager (Mines) Lrt the year 20 15. Presently, the petitioner is working as Agcnt PVK 5 Inc and VK 7 Group of Mines, as such, he is eligible for promotron to the post of the Additional General Manager (Mining) (E-8 Cirade). While the petitioner u.as working as Deputy General Manager and Agent PVK 5 and VK 7 Group of Mines, a complaint was l,;rlged aghinst the petitioner alleging that the petitioner, who was Agent of PVK 5 and VK 7 Group of Mines, failed to ensure the procurement of Cornel Make Slurry Pump with electrical and pexgol make discharge pipeline on specific make basis, there by altegedly firvoured the hrm. On the basis of the third-party complaint, the Singareni Collieries Company Limited directed the Vigilance officials of the Corporate to conduct a preliminary enquiry into the matter. After conducting an enquiry, the respondent authorities issued ,:harge sheet on to.o5.2024.

4. Learned counsel for the petitioner further strbmits that as of the date of consideration of promotion and as on the date of issuance of the promotion, the petitioner was not facing any departmental proceedings. While so, disciplinary lrroceedings were / I J wP_3314 2025 RRN, J initiated against the petitioner in the month of May, 2024 and the same was communicated to the petitioner on 15.07.2024.

5. Learned counsel for the petitioner further submits that before frling of the charge sheet, the D.P.C. was conducted for the post of Additional General Manager (Mining) (E-8 Grade), and there was no charge sheet hled against the petitioner as of the date of consideration of promotion. Hence, he is eligible for promotion to the post of Additional General Manager (Mining) (E-8 Grade). Therefore, the petitioner submitted representation on 3O.O7.2O24 with a request to promote him to the post of Additional General Manager (Mining) (E-8 Grade).

6. On the other hand, learned Standing Counsel appearing for \ the respondents submitted that the petitioner's case was under consideration for the post of Additional General Manager (Mining) I I (E-8 Grade) and submitted that after complelion of the preliminary enquiry against the petitioner, necessary action will be taken based on the outcome of the enquiry from the charges leveled against him and shall give promotion retrospectively.

7. In view of the above submissions made try both tJle learned counsel, two things are favoring the petitioners i.e., at the time of promotions there are no charges pending against the petitioner. 4 wP 3314 2025 RRN, J As per the submission made by the learned Stzrrrding Counsel for the respondents, proposals are under consider;rtion. In view of the same, the respondent authorities arc directed to consider the case of the petitioner for promotion to the post of lrdclitional General Manager (Mining) (E-8 Grade), without reference to the charges leveled against the petitioner, if any existing vacancies or arising are available. Hou,ever. the promotion is subject to outcome of the Departmental Proceedings.

8. Accordingll,, the rvrit petition is disposed 6f. No order as to As a sequel, miscellaneous applications pencling, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/.T.TIRUMALA DEVI DEPUTY REGISIKAR a/ SECTION OFFICER / The Chairman and Managing Director, Singareni Collieries Company Limited, Kothagudem, Bhadradri Kothagudem District. The Director (P and P), M/s.Singareni Collieries Company Limited, Head Office, Kothagudem - 50,7101, Bhadradri Kothagudem District. The Director (PA and W), Singareni Collieries M/s.Singarcni Collieries Company Limited, Head Office, Kothagudem - 507101 , Eihadradri Kothagudem District. The General Manager, M/s. Singareni Collories Compan'7 Limited, Kothagudem Area, Bhadradri Kothagudem District. The General Manager, (Personnel),/EE Cell, Mis. Singareni Collories Company Limited, Kothagudem Area Bhadradri Kothagu,Jem District. One CC to SRI SRINIVASA RAO MADIRAJU, Advocate [OPUC] One CC to SRI P.SRI HARSHA REDDY, SC FOR SING/\RENI COLLIERIES co LTD [OPUC] Two CD Copies To

2. J. 4 5 6 7 I PSK. LS HIGH COURT DATED:1 710312025 ORDER WP.No.3314 ot 2025 T EH s 14 .16 ( I t,t mi 26 (S , o t HTC tcE DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ \0