Public Servants-Sri v. Ranveer Bhupal, Bill Collector who is under deputation to GHMC, Hyderabad repatri

Counsel for the, Freti :ioner: SRI S. JAGADISH Counsel for the Fle:; rondent Nos.1 to 3: GP FOR SERVICES I Counsel for the Fle:; rondent No.4: SMT. MADHAVI LATHA, SC: F'OF. SERVICE MATTERS OF MUNICIPAL C()RPIf,RATION The Court made lh(! f cllowing: ORDER - HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETIT ON No, 291ot 023 Heard Sri S. Jagadish, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.l to 3 and Smt. Madhavi Latha, learned Standing Counsel for Service matters of Municipal Corporation appearing on behalf of the respondent No.4.

2. The oetitioner ao p roached the Court ekino ora er as under: "....to issue writ, order or direction more particularly one in the nature of wiit of mandamus declaring the Proceedings, Roc.No.03/2023lA4 dated 06.02.2023 of the 3'd respondent in rejecting the rightful claim of the petitio;rer for pi-omotion to the post of superintendent as per his seniority as void, illegal, arbitrary, without jurisdiction and u nconstitution a I and set aside the same and consequently direct the respondents I and 2 to consider the case of the petitioner for promotion to the post of Superintendent on par with his juniors with all consequential benefits by taking into consideration of the remarks sent by the 4th respondent dated 26.11.2021 and pass....." 2

3. The cas,: rrf :he petitioner, in brief, is that the pelitioner was serving as a Bill (lollector for over 26 years in the res rondent No.3-Municipal r:o-t)oration, and was fully qualified fo| pr,)motion having comple!:erl B.Com, MBA, and departmental tesl:s. The petitioner wa,s d,3Duted to GHMC from 2010 lo 20-.7,, but his seniority and lit,rn remained with the parent department. Despite being senior, i:hr: petitioner was overlooked for promotion v'hile his juniors were pr()nrr)ted. Hence, several representations were made by the petitiorrer to consider his promotion to the )ost of Superintendent, zrrr,l W.P. No. 33107 of 2022 was filerd, 'vherein this Court direct,:d the respondent Nos.l and 2 to consider his case within six weerk:; However, the respondent No.3, being an incompetent au:hcrity, passed an impugned order on )6.(2.2023 rejecting the :lairr of the petitioner for promotion. Aggrie,ved by the same, the p':lt tirrnst- fi;.6 the present writ petiticn. PERUSED THE RECORD A) The impu.E4g.d proceedinos yrde 2A/ 2OO9, dated 26.11.202::: issued bv the resDondent No.4-Addlitional Collector (LB), Co mml ssl ner (FAC). Nizamabad Mu nicioal Corporation to t tr t No.2-T Commi ;ion,er and , Director of Municinal Administration T.S., Hvderabad is extracted hereunder: "From To Miss Chitra Mishra, IAS Addl. Collector (LB). Commissioner (FAC). Nizamabad Municipal Corporation. The Commissioner & Director of Municipal Administration, T.S., Hyderabad. Lr. No. CU352 8 / 2009, Dated 26- tt-2021 Sir, Sub: Public Servants-Sri. V. Ranveer Bhupal, Bill Collector who is under deputation to GHMC, Hyderabad - repatriated to the Nizamabad Municipal Corporation- requested for the promotion to the post of Superintendent-certain information called for- submitted-reg. Ref: 1. This office Lr.No.CU352B/2009 Dt:25.02.2021 2. This office Lr. No.CU05 /2021 09-08-202 1 3.Memo Roc.No.36875l/2021/Ml Dt: 07.09.2021, from the Commissioner & Director of Municipal Administration Hyderabad. *x**x* I invite kind attention to the references cited and submit that as called for in the reference 3'd cited. It is submitted that Sri.V.Ranveer Bhupal, Bill Collector has deputed to the GHMC, Hyderabad as per the orders issued in G.O.RI No.353 MA & UD Dept Dt:23.09.2010 and relleved from this office on 14.10.2010, the Service Register and Last Pay Ceftificate has been sent to GHMC Hyderabad. His Annual Grade Increments and sanctioning of leave were solved at the GHMC Hyderabad. Subsequently the provisional seniority lists of Bill Collectors have been 4 communicate(: t() all the Bill Collectors including the r amr: of Sri.V. Ranveer Bhrp,3l f,rr further promotions. But he has rot responded and not fille,J arrl' application for promotion. Whererar,; since from his deputation i.e from 11.1(i.2010 no representatior tir. considering his promotions. Therefore his case of promotior was not taken into account resuming that he is not interested to r:onr,e over to Nizamabad Municipal Corp,1661196. It is fur:her submitted that after his repatriation frrrm GHMC Hyderabad i:o Ni.z,amabad Municipal Corporation on 1t.07.2017 his service recorcs rvere received in this office on 18.02.2021. He has submitted f"equrr:,tt applications for his promotion fcr tl-e post of Superintender t. I am sLbrrritting herewith the service register of the above individual for :;cr:tiny and passing necessary orders. STATEMENT SI.I'OWING THE LIST O F BILL COLLECTORS WHO ARE 'UHN sr. No Nem:' 1 V. Ranveer Bh utral NEXT HIGHER CADRES Date appointment Collector 31.07.1995 Su bsequent promotions as JAISA/ Supdt Bill 2 3 A.C. Ganoac ira r 3 0.08. 199 7 Record Asst D. Krishn.r 0 1 .08. 1999 lunior Asst .O THE Remark: As Eer G.O. Rt. No.3:,3, I lA&UD dt:.23.09.201 ) he has been r( lieved to rep( rt t ) the GHIYC dt 14.10.2010. He repatrialed and reportec to d rty on 7r.07 .2A17 rhe serr'ice received fro n DC Cirde- 1:l K rrwa n, Hyderab3d. : 4 5 6 7 I 9

10. 11 12 13

74. 15 16 t7 C. Venkatesh B. Kishan Sangareddy Sarwar Khan Mirza Azmathulla Bai Meer Ethesham Ali Khan B. Srinivas N. Ramesh J. Surender D. Satish Kumar P. la'la Laxmi P. Naveen Kumar P. Venkateshwar Rao G. Ashok

18. M. Dinesh 19 K. Narender

20. 27 B. Suresh E. Mahesh Babu 5 01 .08. 1999

01.08. 1999

01.08.1999

01.08.1999

10. 1 1 .2006 Senior Asst.

24.tt.2006 Senior Asst

25.11.2006

30.03.2007

28.L2.2007

23.09.2008

20.02_2070

73.07 .2012

74.07.2074

74.O7.2074

24.07.2074

74.07.2074

74.07.2014

22.03.2077 Senior Asst. Senior Asst Junior Asst Junior Asst Junior Asst Demoted as Attender B) The relevant Do ion of the oroceedinos of resD ondent No- 3-Reoion I Director-c m-ADDe llate Co mission erofM unicaDal dministration, Waranoal vide oc.N 202 4d o6. .2023 oetiti oner herein is extracted here under: t "Further, the Commissioner, Nizamabad Municipal Corporation has reported that, on examination of Service Register of Sri D Narender, who stands immediately below Sri V. Ranveer Bhupal, and that he had joined as Bill Collector on 01.12.1995 and was promoted as Junior Assistant vide Proc. No.A3/tL7L/2006 Dt:04.10.2007 and 6 as per fris Service Register, Sri. D.Narender passed DepartnreltEI Examination for paper- I & II in :he year 7997 ard alsc, passed M.A in the year 2002 from Jsn,ania University ; nd got it updated in Service l{egister. Subsequertlr, he was promoted as Senior Assistant vide Proc. Ncr. a.1t"1254/20t2, Dt:26.07.2012. Further he was promoted .ts Superintendent vide pro<.. No. Ct/3061 / :011: Dt: 04. 1 1.2020. sl. No Name of the )resent Post E mployee Promoted post 1 2 3 D. Narender Ili I (lollector Junior Assistant t -uliorAssistant Senior Assistant 'iier i,tr ,lrss stant Superintendent Proceedrng No J|nior Assistant Procgs.lJo. A 3/1 17 7,t2OCt6, D7.04.t0.2c07 Procgs.llo.C L/4 2s4/2O12, Dt.20.0(;.20:.2. Procgs. Nro. C i./3 067i2012, Dt.04.11.20.:0. The Commissioner, Nizamabad Municipal Corporatio!'r frtrther informed that Sri.V. Ranveer Bhtrpal was appoint(:rl as Bill Collector on 31.07.1995 ancr at the time of jcirirr3 to duty, his educational qualification ,vas SSC passe,J rr 1989 only, and thereafter, there is no entry of l-ris updation of educational qualificati,:ns till 2021, rjrtil the individual submitted a lerter dt:04.08.2C,21 making such request. This is to nlention here that it is the responsibility of the corcerrred / 7 employee to submit his/her educationar quarification from time to time to get it updated in service register for consideration of promotion and seniority list preparation. As per the letter, the candidate submitted the details of qualifying B.Com. in the year 2009, MBA in the year 2012 and Departmental Test paper_I and paper_Il in 2009 and 2076 in a single representation much later on 04.08.2021, neither of which was communicated to the Corporation between the years 2009 to 2021 showing a gross negligence on the part of the candidate himself. Moreover, immediately the Commissioner, Nizamabad Municipal Corporation has updated his service register on receiving the application on 04.08.2021, as the requisite educational qualifications updated service register of the employee is the criteria for giving promotion to the eligible posts. In this regard, it is to be highlighted here that in case of promotion of Sri D.Narender dt:04_10_2007 vide reference proc. No.A3llt7L/2006, Dt:04.10.2007, who was immediate Junior to Sri.V.Ranveer Bhupal, the concerned Sri.V Ranveer Bhupal was very much working at Nizamabad Corporation itself and even though joined to the promoted post in the Sri.D.Narender Corporation, there was no objection received from him as per the records available. Further, informed that as per the G.O(P) No. 10 Fin & pin Dept Dt: 22.Ot.tgg3 the total period of deputation on foreign service should not exceed five years, the period being reckoned from the date of relief from service to the date on which he takes charge l 3i 8 of post u1d,)r the Government on reversion frorn fcreign servrce ln tlri,i regard, the Government of Telanr;anil has extende:d tio deputation period from time to tin,e of Sri.V.Ran'verer Bhupal, Bill Collector for the period from 18.10.201.0 lo 77.L0.2015, but Sri.V. Ranveer Blrupel has not joine(J 1) the parental department ie., Nizamabad Municipal ,lc,rporation even after the expiry of the extension Irr stead even after the lapse of depul atic n on Dt: 17.1C'..1 )15, he continued to work in GHMC Lp to Dt:10.07.20t7. In this connection, the Governnrent has not extendec the period of Sri.V.Ranveer Bhupal, Bill Collector ''ron 17.70.2015 and he did not repor.t tcr the Municipal Crt'ooration F.ur.the., the petitioner has worke<l l,rom 31.07.199'5 tc till 18.10.2010 in Nizamabad IUuni:ipal Corporation ,rnd thereafter, he was deputed to CHMr.l on his requ€:st on foreign Service from 19.10..101( to 70.07 .2017 and again repatriated to his pe rent departmer,t i,e., Nizamabad Municipal Corporation and continued v/r)rking in Nizamabad Corporation till 6i31s. But, the irrdii'idual has never made any request tc, uplate his highr:r ed Jcational qualifications till 04.09.202 t, which is requir,:c for verification fcr giving promotions. l,nd rtnly on 04.08,2Cit1, he has put an application of his qualificalic n to be entered into his Service Register. t is the primary [r:sponsibility of the concerned employe,: to 7' 9 submit his/her educational qualification from time to time to get it updated in sei-vice register and for consideration of promotion and seniority list preparation. The above fact shows the negligence on the part of the petitioner himself. Further on perusal of the Service Record of the individual it is noticed that Sri. V.Ranveer Bhupal having SSC Qualification joined Nizamabad Municipal Corporation in the cadre of Bill Collector on Compassionate appointment grounds after the death of his father V.Balalah, availed Special Grade Scale, Special Promotion Scale 1-A and 1-B on completion of 8 years, 16 years and 1B years of service in the cadre of Bill Collector, accordingly he mas allowed to draw enhanced pay scales. Further the individual was sanctioned Special Grade Scale, Special Promotion Scale on completion of 24 years of service in the cadre of Bill Collector. In view of the above findings, the individual and having availed/drawn Special Grade Scale, Promotion Scale, and having leisurely intimated regarding acquiring of Degree Qualification in the year 2O21, the individual has got forfeited his right to claim promotion to the post of Junior Assistant, however he will be eligible for promotion to the post of Junior Assistant. As of now there is no Junior Assistant vacancy available in the Nizamabad District as all the Junior Assistant l0 ^rere notified by the TSPSC for Direct vacancies Recruitrrrent and his case can be considered as and when t hr:: yacancv arises in the District and sutt,iect to finali:zation of Senioritv list of eliqible fe,eder emDlovees workinq the Ul.Bs of cateqorv NizamaEad District in terms of Rotation cvclrr isliiued under Rule -ln ),&E- 2) Dept .d ated L2-12-2O22. In compliance of the orders d;atecl:23.O8.2O22 ot the Hon'ble High Crrurt passed in W,P.No.33107 /2024 the inrlivi,rlual representation for grant of promotion is considr:lred and hereb), ciisallowed." C) The Counj:er affid vit has been filed on bcrhalf of resDondent Nlo -! and in particular, paraoraoh Nos.4 ,5. and 6 of the said rcounter are extracted hereu n der: '4. It is; 1:h(l ,'esponsibility of the concerned employee to submit his /l- er educational qualification from time to .ime to get it upcl;r1:ed in service register and for consi,Jere'tion of promoton and seniority list preparation. As per his application,7: 04.08.2021, the individual had sr-,bmitted the details cf qualifying B.Com. in the year 2009, MBA in the year it0|2 and Departmental Test Paper-1 and lI in 2009 and 2t)16 in a single representation much late r in 2021, rre tlel of which was communicated to the Corporation t,etween the years 2009 to 2021 shr>wirg a gross ne,Jl gence on the part of the candidate. -

5. However, the petitioner's lien right will continue in the original post in the Municipal Corporation, but the request of the petitioner may be considered for promotion to the post of Junior Assistant only after 04.09.2021, since he made representation for updation of his educational qualifications & passing of Departnrental tests on 04.08.2021. The date of request entry into Service Register can be taken into criteria for giving promotion and also subject to updation of Seniority list in Nizamabad District Municipalities and also the petitioner has not raised any objection neither to the seniority list nor to the promotion.

6. The Petitioner had also availed Special promotion scale of B years, 12 years, 18 years and finally 24 years in the year 2019 in the cadre of Bill Collector, and he never made objection on the Seniority list and on the promotions issued to his juniors, by the Commissioner, Nizamabad Municipal Corporation". D) The relevant oortion of t e order d ed 23.08 .2022 .P.N of2 "4. Having regard to the rival contentions and the material on record, it is noticed that after repatriation the petitioner has made a representation and the respondent No.3 addressed letter to respondent No.2 to take action on the representation of the petitioner and the respondent No.2 also called for information with regard to the juniors of the petitfoner, who were promoted to the t2 r post oF Slperintendents and subsequently,viCe letter dated 26.1 ..202!, the representation of the lletitioner was also terllr:n into consideration and furthe- intorrr ation was calleri frr '. " DISCUSSIOT\l 4 NDCONCLUS ON: 4. Learnr:d ccLnsel appearing on behalf of the petition3r mainly contends th,at r:spondent No.3 passed the impugnec pr()ceedings dated 06.0;2.;lC.::i, rejecting the petitioner's righfful :laim for promotion to th I post oF Superintendent, despite ris seniority, without ass_i.lpj nq anv valid reasons to Iintimate the acquisiti,on of h s deqree qualification in thr: verar 2O2 1 statino that .!fu1 petitioner had forfeited hisjght [o claim oromoti on tcllJle post of Junior Assistant and I'urt her that the oetitiongr_ylould be eliqible for oromotion to thr: Dost of Junior Assis;ti11t, but currenttv, there is no 'vacancv available in [!gr-i se.

5. Learned cc,unsel appearing on behalf of the tretitioner submits that l:he impugned proceedings dated 06.1)2.2023 are contrary to lh,,: crders of this Court dated 23.08.2022 passed in W.P. No.3.110.7 of 2022, wherein the petitioner har earlier approached ,:hr: (]:urt and obtained interim orders clirecting the / / 7', l3 respondent Nos.1 and 2 to_ consider his representation for promotion to the post of Superintendent in accordance with law and to pass approoriate orders thereon within a period of six weeks from the date oF receipt of a copy of the said order.

6. Learned counser appearing on beharf of the petitioner arso contends that the clear recommendation in favour of the petitioner, as per the letter dated 26.11.2O2t had been totally ignored and hence the present writ petition needs to be allowed as prayed for. paragraph Nos.4,

7. Learned Assistant Government pleader for Services_I appearing on behalf of the respondent Nos.1 to 3 places reliance on the averments made in the counter_affidavit filed on behalf of the respondent No.3, in particular 5 and 6 (referred to and extracted above), and contends that the petitioner,s request for promotion to the post of Junior Assistant woutd be considered as and when the vacancy arises in the District and subject to finalization of seniority tist of eligible feeder category employees. l4

8. Learn,,'c ,Assistant Government Pleader, howerver submits that the resprinde:nts may be directed to consider th€, gri,3vance oF the petitioner' ,ls put-fodh in the present writ petition seeking consideration of petitioner's case for promotior to th( ) post cf Superintenderrt rs per his seniority, within a reasonab e period, without referrrinc to the impugned proceedings date(l O(,.02.2023 issued by resporCent No.3 herein, in accordance to la.ru.

9. Learned counsel appearing on behalf of the p,3titioner does not dispute the said submission made by the learned Assistant Go,vernment Pleader for Services-I appe,aring on behalf of the r,espondents.

10. This Courl on perusal of record opines thal admittedly the respondr::nt No.3 ignored the statement throulrth tetter No.C1l3528/2CtO9 dated 26.11.2O21 indicating the tist and the details of Bil! Cotlectors, which cleatly reflects petitioner's narne at serial No.1 while considering the petitioner's r:laim for promotion to the Frost of Superintendernt based on petitioner's seniority i;rnd the specific pleali put forth by the petitioner beforer thiis Court on an earlier o,<r:asion by filing W.p.No.33107 ol, 2022 with regard to tlhr: Juniors of the petitioner ha vinrl been n' - t5 promoted had not been exarnined nor considered by the 3d respondent while passlng the i,.npugned order dated (J6.02.2023 and hence tho subject issue needs reconsideration by the 3.d respondcnt. tr. TAKIN GINTOCoNS DER ATIO I.t: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counset appearing on behalf cf the petitioner and the learned Assistant Goyernment pleader for Services_ f appearing on behalf of the respondent Nos.l to 3, c) The averments made in Hte counter affidavit filed on behalf of the respondent No.3 in particular paragraph Nos.4, S and 6(referred to and extracted above), d) The remarks Corirmissioner Corporation,

26.1r.202,, Director of of the Additional Collector (LB), (FAC), Nizamabad Municipat vide Lr.No.Cll352a/2OOg, dated the Commissioner and Administration, T.S., Municipal addressed to Hyderabad, wherein it is clearly stated that the petitioner was repatriated from GHMC, Hyderabad t6 I to Nizamabad Municipa! Corporation on LL,tJ7.2Ot7t and th at his service records were recr:ived in the office c,rr L8,O2.2O2L, e) The r,equest made to respondent No.2 l:o sr:rutinize the ;ret itioner's service register and pass nrlcessary ordensr, vide the letter dated 26.11.2()21 of the Additional Collector (LB), Commissioner (FAC), Niza ma had Municipal Corporation. f) The inrougned order of the respondent NO 3 dated 06,O2.2O23 rejecting the rightful clarim of the the p,ost of petitior er Superintendent as per the petitioner sr:niority, for promotion to ignorinr; the proposalc forwarded by the: Arjditiona! Collector (LB), Commissioner (FAC), Nizamabad Municipal Corporation, addressed trl Commiss;ioner and Director ol Municipal Adminisrtration, T.S., llyderabad, througlrr letter No.C lt / :152A / 2OOg dated 26.1 1 .2021. The writ petition is disposed of directirrg the 3.d respondent to reconsider r-he claim of the petitio,ner for f romotion to iltrer post of Superintendent as per lretitioner,s seniority duly considering the contents of the retter No.Cll3528/2009 dated 26.Lr.202t of the Additionat Cottector (LB), Commissioner (FAC), Nizamabad Municipal corporation, addressed to the commissioner and Director of Municipal Administration, T.S., Hydcrabad, and further duly reconsider the proceedings vide Eoc.lto.O3l2 O2g/A4 dated 06.02.2023 issued by the 3.d respondent and pass appropriate orders on the subject issue within a period of four(4) weeks from the date of receipt of a copy,of this order in accordance to law ar:d duly communicate the decision to the petitioner hcrein. However, there shail be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPYII SD/.MOHD. ISMAIL PUTY REGISTRAR D ECTION OFFICER To, n Development ad. , State of Telangana, A.C.Gurds, Hyderabad. Administration, \y'/arangal Region, Waran gal

1. The Prin cipal Secretary, Municipal Administration an Departm ent, Secretariat, The-State of Telan gana, Hyderab 2. The Commissioner and Director of Munici pal Administration 3. The Regional Director-Cu m- Appellate, Commissioner of Municipal 4. The Municipal Commissioner, The Niza mabad Municipal Corporation,, 5. One CC to Sri S. Jagadish, Advocate tOpUCI 6. Two CCs to GP for Services l, High Court for the State of Telangana, at 7. one cc to Smt. Madhavi Latha, sc for services Matters of Municipar B. Two CD Copies Nizamabad, Nizamabad District Hyderabad [OUT] Corporation[OPUC] TJ GJP (k HIGH COIJIRI' CC TODAY DATED:281A412025 ORDER WP.No.9291 of 2023 ,4-ii ',r'.-j-'. iHE S (t j' I l1 . 'l' ]. r- ,1 i lJri 2925 Z ,.-:-,*ft DISPOSINGi I:)F THE WRIT PETITION WITHOUT C:6E15 (+ Jh 6 | .,,,, \/.