B.Chandra Shekara Reddy v. The Singareni Collieries Company Limitgd

3. The General $gnag-er, M/s. SiQgareni Cgllierips Cqmpany Limited, Srirampur Area, Mancheiial Qigtrict.

4. General Manager, (Persgnnel)/EE (Cell), M/ s. Singareni Collierles Company Limited, Kotha$udem, Bhpdrddri Kotha$uder1 Distriqt. ...RESPONDENTS Petition under Article 226 of lhe Cgnstitution of lndiq praying that in the 'the affidavit filed therewith, the High Court may be circumstances stated iri pleased to issue a writ orfler or direction'egpecially one in thp nature of Writ of Mandamus declaring tha! a)the action of the Respondents in not promoting_ the Petitioner as Additional General Mgnager (E and M) (E-8 Grade) in the D.P.C. 2023 - 2024, while promoting the juniors to the Petitioner on 01.0'!.?024 and on subseqient dates ai illegal, irbitrary and disiriminatory and violative of Article 14 and 16 of Constitution of lndia. b)further deQlare that, the Respondents are not justified in not promirting the Petitiqner to the post of Additional General Manager je anO M) (E-8 Grade) on 01 .01 .2024 when Petitioner was oot faqing any departmental / disqiplinaiy proceeding$ as on the said date is illeggl and arbitrary c)declare that the Respondents shall promote the Petitioner aS Additional General Manaser (E86M) (E-8 Glade) with effect from 01.01.2024 i.e.. from the date of promolion oi his immediate junior and further entitled for further promotion to the pgst of General Manager. lA NO: 1 OF 2025 petition under [i,-'ction 151 CPC praying that in the circumstilnces stated in tne afiOavlt filed in support of the petition' the High Court may be pleased to direct in. n".r""O"nts trl pr'omote the Petitioner as Additional General Nlanager (E and iriiae:ri[ri"s;rv1 penrlins disposal of the writ Petition pgqnsel for the Petitioner: SRI' SRINIVASA RAO MADIRAJU Sii.,HA,JilS,ffE[iJS"JfiiSi 'sRr The Court made the following: ORDER HAB'HA REpPY (sc Fc)B THE HON'BLE SRI JUSTICE NAMAVARAPU RA.IES TIWAR RAO Writ Petition No.33O 1of2025 ORDER: This writ petition is filed seeking the following reliet " . . . . . .to issue uit ord.er or direction nare partia.tlarlg one in the nature of WRIT OF MANDAMUS declaing tnt (a) the action of th.e respondents in noi promoting the petitioner as Ad.ditionql General Manager (E&M) (E-g drade) in the D.P.C. 2023-2024, u.,hite promiting the juniors to ttle petitioner on 01.O1.2O24 and. on suiseqttint d.ates as illegal, arbitrary and discriminatory and. uiolatiue of Article 1 4 and 1 6 of Constittttion of India. @ furtrur declare that the respondents are rat justified in not promoting tl.Le petitioner to the post of Additional General Manager (E&M) (E-B Grad.e) on 01.Oj.2O24 uhen petitioner utas no_t facing ang departmental/ disciplinary priceedings as on th.e said date is illegal and arbitrary. (c) deglgre that tlrc respondents shall promote tho petttioner , as Additional General Manager (E&M) (DB Grade tuith elFect from 01.01.2024 i.e., from the date of promotion oi his immediate junior and_ further enti ed for fuiher promoian U the post of General Mannger and. pa_ss suih order or ord"ers. "

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

3. l,earned counsel for the petitioner submits that t].e petitioner has initially joined the service as a Junior Executive Trainee on 21.12.L987. After completion of one year of training, he was posted as Assistant Engineer on 2r.r2.r9gg. It is further submitted that he was promoted as Executive Engineer in the year 1997 and, further promoted as Deputy Superintending Engineer in the year h D * k r-';.. I 2 \yP_3301 2025 RRN, J 2OO4. Thereaf',er, he was again promoted as Deput5r General Manager in the year 2016, and as such, he is eligible fcr promotion to the post of the Additional General Manager (E&M) (E 8 Grade) at S1.No.52, llcr the D.P.C. 2023-2024. While the peritioner was working as, f )r:puty General Manager, a complaint was lodged against ttre pelitioner alleging that the petitioner, who uas incharge of the Area Wo::k Shop and was officiating as Area Engineer of the S.R.P. Area, failed to ensure the proposal to prefer the l,exgol make pipeline for pror:urement on a specific make basis and h,: d.lso lailed to ensure tLtat clue justification was furnished in the sanre proposed note and favcured the firm. On the basis of the third-party complaint the liingareni collieries directed the Vigilanc., officials of the Corpora.te to conduct a preliminary enquiry into r_he matter. After conductieg an enquiry, the respondent authorr [ies issued charge sheel- orL 1O.O5.2O24.

4. l,earned ,1,)unsel for the petitioner further submits that as of the date :f consideration of promotion and as on the date of issuance tf tLLe promotion, the petitioner was not .acing any departmental prcceedings. While so, disciplinary procee Cings were initiated against the petitioner in the month of May, 2oit 4 and. ttre sarne was <xr mnulnicated to the petitioner on 12.OT .2024. 1 f t 3 wP_330t 2025 RRN, J

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 Additionat General Manager (E&M) (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 (E&M) (E-8 Grade)- Therefore, the petitioner submitted representations on O2.O2 -2024 and. O9.O2.2O24 wittr a request to promote him to the post of Additional General Manager (E&M) (E-S 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 Additiona,l Genera-l Manager (E&M) (E-8 Grade) aird submitted that after completion of the preliminary enquiry against the petitioner, necessarJr 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 by both the learned counsel, the respondent authorities are directed to consider the case of the petitioner for promotion to tl.e post of Additional General Manager (E&M) (E-8 Grade), without reference to the charges leveled against the petitioner, if any existing vacancies or arising are available. 4 \,P_3301 202s RRN, J 8 Accorrling$, the writ petition is disposed of. No order as to COSTS As a seqr r:1, miscellaneous applications pending, if ,rny, in this Writ Petiti<ur, slrrrll stand closed. //TRUE COPYII To, ,' [:ir :J,?i'ff t1I* X4 ffi"?H"? l]E:,;,b :.,,?fl? SD/-K. SREE RAMA MU THY DEPUTY REGI RAR SEC'IION FICER * n i c o, ie rie s c o n r pa n y L im ited, '[:ir3ff.":fl (8,;lilf,jJ;,Yilnlil'#ilb?Jl]fliescompanyLimited, 3. The General Maniroer Area, Mancherirr r:Tstri#/s singareni collieries company Limit:d, srirampur 'ff lL?i,'[1[39:l iJ.i:t'i'll,.?#[ j?r?hg,.i,,qxlnq3i.,,co,ieriescompqn!, 6. ene CC to SRt {jRINIVASA RAO MADTRAJU Advocate tOpUCJ ' 33".?3,ti35!;'t*' HARSHA REDD' (sc FoR .TNGARENT I.LLTERTES 7. Two CD Copies KKS BS $ I HIGH COURT DATED:17t0312025 ORDER WP.No.3301 of ':2025 r t (j \, i, - o o 02 tp,t T'.25 rl\ t r) sr1111-, r -" 1 ,,-' ,:=--- DISPOSING OF THE WRIT PETITION WITHOUT COS]TS oI** W