The High Court · 2025

Petition under Sect on 151 cpc praying that in the cirr;um;tan:r.,s stated in the affidavit filed irr sup rort of the petition, the High court nray ce p.lerased to vacate the lnterim Suscerrsion dated 21 .03.2022 passed in LA,.Nr.1 >l 2022 in WP.No.140'16 of 20211 an'i dismiss the Writ petitron Counsel for the Petitioner SRl. D. BALA KISHAN RAO Counsel for the Respondent No.1: Gp FOR SERVICES I Counsel for the Respondent Nos. 2to4: Gp FOR SERVICES lll The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA wRIT PETITION No.1 4 OL6 of 2022 ORDER: Heard Sri D. Balakishan Rao, Iearned counse! appearing on behalf of petitioner, learned Assistant Government Pleader for Services-f, appearing on behalf of respondent No.1 and learned Assistant Government Pleader for Services-Ill, appearing on behalf of respondent Nos.2 to 4.

2. The etitioner aDproached this Co rt seekin q the praver as under: "...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Proc No.A5(2)/127/2O2t dated 12-3-2022 issued by the 2nd respondent as being illegal, arbitrary and subversive of Articles 14, 16 and 21 of the Constitution besides being contrary to law and consequently set aside the same and hold that the notional promotion awarded to the petitioner in the category of Senior Assistant and the consequential promotion to the cadre of Superintendent consequent on clean acquittal of the petitioner in criminal case No. 106/2018 in Old C.C. No.392 of 2010 on the file of the Honourable Additional Judicial Magistrate of 1't Class, Yellandu dated 26-B-2019 is perfectly legal, valid and in 2 SN, J 'vP t4016 2022 order v,/ th all consequential benefits incluclinr; avr;rrding notional promotion in the cadre of Superintt'nde nt and pass. .. ''

3. The ca;e of the petitioner, in brief, is t'ra1 th : petitioner belongs to S.T. Community and was app,linted as Junior Assistant o'12.04.1983 and was placed unrler suspension through Pro: No. A2/4413/04, dated 21.12.2004 on tne ground that the petilioner had committed grave irregular ties in drawing amountsi fro'n GPF slips of certain employees;. Th : petitioner filed O.lt. Nc. 5008 of 2006 before the APAT anl bitsing on its order d;ltr:d 13.10.2008 the suspension of the pel itioner had been revoke:cl and the petitioner joined duty o1 1:i.07,;1010. The loint Direct( r of Agriculture, Khammam pa:;sed c rler dated 25.L2.2010 imposing punishment of stoppage of r:v,/o annual grade increrlents with cumulative effect arrd -he suspension period fro,n )-L.72.2004 to 72.07.2010 had be,:n tre;rted as'not on duty, Su:sequently, the petitioner was pr,lrrotel as Senior Assistant on )2.07.2077. 3 (i). Furl her the case of the petitloner is :hat the iluthorities booked a cririnal case against the petitioner for th,) self same charge vide (lC. No. 392 of 2010 which was re-numbrred as C.C. i J SN, J wP 14016 2022 106 of 2018 on the fite of Additional Judicial Magistrate of I Class, Yellandu and the petitioner was acquitted in the said case. The 2nd respondent issued Memo dated 02.03.2021 ordering .notional promotion to the petitioner in the cadre of Senior Assistant on par with his junior with effect from 01.11.2006 and later the 2nd respondent issued proceedings dated 28.06.2021 promoting the petitioner to the post of Superintendent in Zone v for the year 2020-2021. The petitioner made a representation to the 2nd respondent dated 05.08.2021 requestecl to award the petitloner notional promotion in the cadre of Superintendent on par with his junior w.e.f . L2.07.20L3. 3 (ii). On an earlier occasion, the petitioner filed W.p. No. 31032 of 2021 before this Court seeking to declare that he is entitled for awarding notional promotion in the cadre of Superintendent. Thereafter respondent No.2 issued show cause notice to petitioner to submit explanation as to why the Notional Promotion given to him in the cadre of Senior Assistant should not be canceiled. The petitioner had submitted detaired expranation to the show cause notice dated 29.12.2021 issued by the 2nd respondent, subsequenily, the respondent No.2 issued impugned Proceedings No.A5(2)/127/202t dated 12.03.2022 4 SN, J 'vP r40 t6 2022 cancelling th: notional promotion awarded t.t tl e petitioner in the categor), of Senior Assistant and also prorr:ti :n tt the cadre of Superintr: rdent. Aggrieved by the said action c,f the 2nd respond(:nt, the petitioner approached the Court oi filing the present rvrit pletition

4. PERUSEI, THE RECORD A. This Crrurt passed interim order dated :2L"1',t71.2022 an I.A. No.1 ol 2022 in W.P. No. 14016 of 2022 in l'avour of the Detition':r is extracted hereunder: " leard learned counsel for the petton3r .nd the learned Government Pleader appearing for t re 4th respondr: rt and perused the record. P,)titioner contends that by the im rrrgned proceedirq, the petitioner is sought to be rerie:rte ,d fr: n the post c,f S uperintendent to Senior Assistant, lvithout taking into consideration the order in CC. No.392 c,f .101( dated 26.C8.20 -9 on the file of Additional ludicial plagistr.trl oF I Class, Ye I andu which had resulted in acquitt,r , th3reby making I he petitioner eligible for notional rrc mol ic n by considerirrg the period of suspension as being in s:rvir e. [,rrarned Government Pleader appearing f >r the respondr: r!-s submits that the period of suspe,nsir n was considerel "as not on duty" and the said proceedirgs itre not under chnllenge; that the period of suspension cann:t be consider,:i as period in service for conferrinc tlte rotional pronrof ic r . ) ) SN, J wP 14016 2022 The matter requires consideration. ln view of the above, there shall be interim suspension for a period of three weeks,,.

1.O o22 i B. This Court extended the interim order dated 2022 N W.P No. 14 6of2 2 in favour of the etitioner vide its orde r dated o6.o3.20 23, s extr edh eun I.A. o.1 "Post on 29.O3.2023 under the caption for hearing. Interim order granted earlier on 2L.O3.2022 shall stand extended until further orders,,. er of he 4th res c.T e den v deN PL7 V K- 37/ sP-a9/2024-04/ 357029. dated 17.05.2024. addressed to th e 3'd resD ondent herein. is extracted hereunder: for the State of P. No.14016 of "As per HC Telangana at Hyderabad in W 2022, dated 06.03.2023 orders that .'Interim order granted earlier on 21.03.2022 shall stand extended until further orders" returned herewith and requeste Densr on Dro posalson order of the Court". r eipt of fi I D.P submi din r ner b h 3td res h ret addre to th i ->-,- 6 s\ | \\'] l.lLll6 l()ll 4th respo-nglent vide Lr'No'A2/TSMS/Supdt'l3L'Ll2024' date d L9.O4.2 024 herein is extracted hereunder: " I submit that on attaining tfr€r ag€ of Superirn-tLi.tion, Sri B. Kishan, Superintendent' :ffice c f the District,A,lriculture Officer, Mancherial, lhrorrgh the proce€)dlngr; cited, he has been permitted t(l retlre f -om servicr: trr ;uperannuation on the afternoon of 'l l A3 2(24 is retirin3 frc m service on the afternoon of 3L 0?' 2024 throullh th : reference cited, Sri' B Kishan, Superinte trlent has stbmilted an application in the prescrlbecl frrrmirt for sanctisr o Service Pension, Famity Pension, (iratuit' and Commuted value of Pension with descripti 'rc rclls' Accor,iing r, he has been sanctioned the pensionarv ben:flts and slbmllted to the Accountant General for ar'rrhcrizir I the Pension:ry Benefits in favour of Sri B' K sran' Superinter-dent at an earliest possible' Note: the incumbent has reverted as Sr' Assl and filed grel-it. (,n at High Court, Telangana State, Fyde-abad and returtte,l :,) against the post of Superintendent' vic e il \o 1 of 2022 \VP No. 14016 of 2022, Date 2l-03-2C22 cas3 was still Frerrdlrrq at High Court, of Telangana State' tlyde rr:bad copie s rln- osed herewith. f f.f,f-l: : fPI ES 1 2 3 4 P F ETIREI' ENSION It\ trcrr -lOt',1 FOR SERVICE PENSION R API GR,qTUIIY AND COMMUTED VALUE O PAI{T.I ARS OF SERVICE AND CAL PAIIT.CU L PENSIONARY BENEFITS IN PART-II (A) SANCTIC N OF PENSIONARY BEN Errrs rru PART-1 t ( B' RENDERED II CULATIOT'J Of PAI1T IC:- LARS OF SERVICE COMPO3ITE AND TELANGANA STATES IN PART I .ILLC- i 3 CCPIES 3 C 3PI ES 3 COPiES 7 DESCRIPTIVE ROLLS OF SERVICE PENSIONER AND FAMILY PENSIONER IN ANNEXURE. NOM INAIION ANNEXURE-II LAST PAY CERTIFICA TE AND NO DUES CERTIFICATE FOR L]FE TIME ARREARS IN 3 COPIES 3 COPIES SN, J wP 14016 2022 3 COPIES ONE BOUNDED SERVICE EMPLOYEE REGISTER OF RETIRED 3 COPIES 5 6 7 8 DISc USSION AND CONCLU SION 5. A bare perusal of the record indicates that in pursuance of the interim order granted in favour of the petitioner on 21.03.2022 in I.A. No.1 of 2022 in W.p. No. 14016 of 2022 which had been extended pending further orders vide orders of this Court dated 06.03.2023 (referred to and extracted above), the petitioner discharged his duties as superintendent at office of the District Agriculture Officer, Mancherial and thereafter retired from service on superannuation on the afternoon of 31.03.2024 and the pension proposals also had been submitted to the respondent No.4 ylde Lr.No. A2ITSMS/Supdt/314/2024 dated 19.04.2024. However, since L9.04.2024 the said pension proposals submitted had not be acted upon and the same had been returned on 17.05.2024 in view of the pendency of the present W.P. No. 14016 of 2022 with clear stipulation in the said proceedings for resubmission of the penslon proposals on receipt of final orders of the Court in W.p. No. 14016 of 2022. 8 I I I SN. J wP l.l016 2022 6 Takinq into co nsr erat on (a) The aforesaid facts and circumstant:es of the case, (b) The submissions of the learn'rltl counsel appearincy on behalf of the petitioner and tlre learned Assistant Government Pleader, appearinq o n behalf of responde nts, (c) The interim order dated 2t.O3.2t122 in I'A' No.1 crf ',1022 in W.P. No. 14016 ol 2022 irn f',trrour of the petitioner and the order, dated 05.O3.2023 elr:tending the interim order, dated 21.O3.2022 in I.A.No.Ol ol 2022 in W.P.No.14OL6 of 2022 until further orderslit'eferred to and extracted above), (d) The pension proposals dated L9'O4'2O24 submitterl in favour of the petitioner by the 3.d respr:ndent herein addressed to the 4th res;pondent herein (referred to and extracted above), (e) The Letter of the 4th responderll: vide No' PL7 lrv /t<-37 lsP-ag12024-04/357029, dated L7.O5.2O24 addressed to the 3'd respondent herein (refr:rrred to and extractecl above), I 9 SN, J wP t40t6 2022 As borne on record, it is apparently evident that the petitioner discharged his duties, admittedly even according to the respondents, as Superintendent and the im.pugned proceedings dated 12.O3.2022 issued by the 2nd respondent reverting the petitioner to the post of Senior Assistant could not be acted upon in view of the interim orders of this Court dated ZL.O3.2O2Z passed in I.A. No.1 of 2022 in W.p. No. 14016 ot 2022 which had been subsequently extended until further orders vide orders of this Court dated 06.03.2023 passed in I.A. No.1 ot 2022 in W.P. No. 14016 of 2O22 and the petitioner had retired on superannuation as Superintendent on 3L.O3.2024, therefore, this Court opines that the pension proposals dated 19.04.2024 an favour of the petitioner submitted to the 4th respondent by'the 3.d respondent having been ieturned only on the ground of pendency of present W.P. No. 14016 of 2022 have to be resubmitted since even as per the contents of the letter of the 3'd respondent addressed to the 4th respondent, dated L9.O4.2O24, the petitioner was permitted to retire from service on attaining the age of superannuation on the \ --t< \ t0 \il SN, ,I I-1016 2022 afternoon ol' 31.O3.2024 as Superintendent,. C)ffice of the District Agriculture Officer, Mancherial. Accordirrgly, the present writ petition is allowed. The respondr-'nts are directed to re-submilt the pension papers submitted vide proceedings dated 79.O4.2t)24 by the 3'd respordent to the 4th respondent, within a period of one (1) week from the date of receipt of a copy of the order. The re,;pondents are further directed to rel,lase the pension and other benefits due to the petitiorrer, in accordance to law duly taking into consideratron tlre fact as borne on record that the petitioner discharqred the duties as Superintendent in pursuance to l he interim order of this (lourt dated 21.O3.2022 and had retired from service on 31.O3.2O24 as Superintendent, within iir period of three (3) rareeks from the date of receipt of cop'r/ of this order. Hower,'er, there shall be no order as to c ost:s As er sequel, the miscellaneous petit ons, if any pendirrg r the Writ Petition shall also stand clo:;erJ. //TRUE COPY// SD/-K:.BFIAVANI SWAMY Aif $i; iii'ii:c rsiiilR _ r/ ilsecttoN oFFrcER To 1 Th^e Principa Secr etary, Agriculture and Cooperation Departrnen , Secretariat, T.S., Hyderat ar1 of Agriculture, Sitate of Telangana, 2 The Commissic,,.:r and Director Hvderabad. 1L_ '/I 3 The Dlstrlct Agricultural Officer' tvlancherial' Mancherial District' ii}lif :{i-[i??l'].$fHc1ifl i]Ifti:i+?l,,""'$:1"111",.n,.,* , lvo.rrurafoJJ,r,* SERVTCES ,t, High Court for the State of Tetangana, B. Two CD CoPtes at HYderabad [OUT] BM BS rY cc -roDAY R ir-iE Y uDi 21 tLi \lI 2r 25 7r i - -:"' ., .., a- ' i' \ ,/ }Jc a--) _t (} ./] HIGH COURT \ \ DATED:2610?,12Ct25 ORDER WP.No.14016 of 2022 ALLOWING TH E WRIT PETITION WITHOUT COS']-S 1"- ,Ca Yr- f,acul