High Court · 2025

t.A. NO;1 0F 2010(WPMP. NO:98190F 20101 j* 3d1:XIiT#h'::;;:i"";?;"";"?,,:f,1H,,1fl,,.,i,1" circumstances stated in the.Respondents to compute tne ,etiiementil#Y. L.ourt may be pleased direct iJ",'*"??[x"J,"J,#",:,fJ;:,.?:?f fu 65yffi .El,,.B?-# Counsel for the petitioner: SMT. K UDAYA SRI '["'"r;,H:il,'"Jff Counsei for the Respondents: SRI K MADHAVA RE The court made the folrowing: .RDER ' :DDY(sc FoR APSRT.) C t THE HONOURABLE SMT. JUSTICE P'SREE SUDHA WRIT PETITION No.7650 of 2()1O ORDER: This writ Petition is filed by the Petitioner seeking to declare the action of the respondents 1n not effecting the promotion to him to the cadre of Assistant Manager (Materials) in pursuance of the Offuce Orher No'SPD | 1255(21l2OO9-PO- 1 1' d'atedlT.o2.200gasillegalandarbitraryandalsotodeclarethe action of the resPondents in not extending the stagnatron io hi- on comPletio o of 12 Years of service as illegal and'arbitrary and consequently to direct the respondents to compute the incremental Lrenefits due to the w.e.f .16.O2.2OO9 or alternativelY from 01 08'2009' benefits including the retirement petitloner with monetary together benehts. * t€ karned Counsel for the petitioner stated that petitloner 2. herein joined in the respondent's Corporation as a Conductor on 24.12.1976. Thereafter, he was converted as Assistant Warder on O6.06.1977 and he was piomoted to the post of Stores 16.O8.199 1 and Keeper on' 27.06.1989, Stores Supervrsor on Senior Stores Supervisor i e'' Superintendent (Materials) on 03.O4.lgg7. He was eligible for further promotion to the post of \--_\'1 2 U, dated t7.O2.2OO9. Assistant Manager (Materials). The Departmental Selection Committee promoted him to the post of Assistant Manager (Materials) uide proceedings No.SpD_t/255(2)/2OOg-pO In the said proceedings it was srated that if the employees are not relieved by 16.03.2009, to effect rhe transfer on promotion, the promotion order automatically stands cancelled and will not have any validity trom 12.O3.2OO9 onwards. The personnel Officer-Il also gave a direction to the Depot Managers, Maddlapalcm, Hayatnagar, Hyderabad II Depots, directing them to relieve the superintendents who are promoted as Assistant Managers (Materials) by 06.O6.2009 positively, failing which the promotion orders will be cancellecl on 08.06.2009, in spite of such direction, petitioner was not relieved. As per the service regulations, an employee who has been stagnated for 12 years was eligible for Special Grade increment, but the respondent authorities instead of extending the Special Grade Increment which was due to the petitioner from O 1.08.2009, returned the proposal of Depot Manager. Later, petitioner was informed that Deputy Chief personnel Manager (A), addressed a letter dated 05. 1r.2oo9, to the Depot Manager, Hayatnagar Depot, that a final chance was given to effect lhe promotion of the petitioner by 1O. 1 1.20O9, failing which promotion orders will be cancelled on 1 l.1I.2OOg.ln fact, a \ J when the said letter was addressed' petitioner was on leave for threemonths.Therefore,hehadnotjoinedthedutyoiAssistant Manager (Materials) as per the direction of the Deputy Chief Personnel Manager and the promotion orders were cancelled' In the counter hled by the respondents they stated that 3. petitioner was appointed as Conductor on 24 12'1976 and promoted as Assistant Warder on 28'06 '1979 ' Later ' he was promoted as Store Keeper on 20'12'1988 and again promo[ed as Stores Supervisor on 29 '06 lgag and as Senior Stores Supervisor on 03'04' 1997' While he was working as Senior Stores Supervisor, he was promoted as Assistanl Manager (Material) on 17 'O2 '2OO9 and posted to Hyderabad C|l.J Zote but he had not effected the promotion and not insisted to relieve him to effect his promotion till completion of 12 years in the sameposti.e.,tillo2.o4.2oog,forgettingspecialgradeinthe existing post. Their Corporation is extending special grades to the employees, who have put in more tkrar. 12 years of service in the same category, but the petitioner was promoted as Assistant Manager (Material) within the stipulated period of 12 years' as ' suchhewasnotentitledforspecialgrade.Thepetitionerwas advised so many times to effect his promotion from 17 '02 '2OO9 tb 05. 1 l.2OOg, but he had not utilized the same for his personal r|1 4 reasons. Further, a letter dated O5.11.2009 was addressed by the respondent No.3 advising the respondent No.5 to give effect promotion to the petitioner by 1O.1 1.2OO9, failing which promotion order will be cancelled on 1 1 . 1l .2OO9 . As the petitioner was on leave from 02.1I.2OO9 to 28.12.2OO9, respondent No.S could not communicate the same to the petitioner, as such his promotion order was cancelled on 1l.ll.2OOg. Petitioner reporied to the duty on 29.12.2OO9 and retirement notice was served to him on 01.1O.2009, stating that he will be retiring from the service on attaining the superannuation with effect from 31.03.2010. Later, petitioner submitted a reprcsentation to the VC & MD on 23.O3.2O1O, to grant him promotion or sanction special grade increment. The said representation was considered and petitioner was promoted to the post ol Assistant Manager (Material) uide Office Order dated 30.O3.201O and posted to BHEL depot and he retired on

31.03.2010, Therefore, no injustice rvas caused to the petitioner and requested the Court to dismiss the present writ petition 4 . The Special Grade Increment will be granted to the employees who have put in more than 12 years of service in the same category without any prornotion. In this case, the petitioner rnas promoted as Assistant Manager (Material) within 7' 5 the stipulated period of 12 years and only to avail Speciai Grade Increment he had not joined in the said post and such act on the part of the writ petitioner is deprecated and he is not entitled for Special Grade Increment as his representation was aiso&onsideredbytheVC&MDoftheCorporationandthus the present writ petition is liable to be dismissed' In the resuit, the present writ petition is devoid of merits

5. and is dismissed' There shall be no order as to costs' tiiio.," P..raing, if anY' shall stand ciosed //TRUE COPY// SD/.K.BHAVANI SWAMY asitsrarur REGISTRAR SEC OFFICE R To, I 1 One CC to SIvlT. K UDAYA SRI Advocate [OPUC] 2 oneCCtoSRI.KMADHAVAREDDY(SCFoRAPSRTC)[OPUC]

3. Two CD CoPies KKS GJP q u, r* s *' HIGH COURT DATED:0 9tO4t2O2S ORDER WP.No.Z650 of 2O1O ,t'6''';-',^\ 10 SEP 2025 ,) / t ,y' DISMISSING THE WRIT PETITION WITHOUT COSTS ( h 2)