High Court · 2025

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) [ 3304 ] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPLT,RAJESHWAR RAO WRIT PETITION NO:17 195 0F 2025 Between: J.Murahari, S/o. J.Shankar, Aged 34 years, R/o. H. No 1_4_172t518, Adarshanaga, Nirmal-504.1 06 AND 1 , State of Telanqana. IViunicipal Administration department, Telangana Secretariat, Hydeiabad, Rep. by its priniipii'iicietari' The Regional Director cum Appeflate commissioner, Municipar Administration Department, Warangal. ...PETITIONER ...RESPONDENTS Petition under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order, direction or writ more particurarry one in the nature of writ of Mandamus or any other appropriate writ to decrare the action of the Respondents in not considering the case of the petitioner for promotion to the post of Senior Assistant in pursuance of the circurar Roc. No. 3o7 r2o24-2s/A4, dated 13-6-2025 on the ground of disciprinary proceedings are pending is iflegar, arbitrary and unjust and consequenfly direct the Respondents to consider the case of the for promotion to the post of senior Assistant without reference to the disciplinary proceedings against him, in pursuance of the circular Roc. No. 30712024-251A4, dated 13t6t2o25, with all consequentiat benefits. lA NO: 1 oF 2025 Petition u rder i':ction 151 CPC praying that in the circums [eLnces stated in the affidavit filerl ir r;upport of the petition' the High Coud rnay ':r> pleased to directtheRespcncen:stoconsiderthecaseofthePetitionerfcrrpr'lrnotiontothe post of Senior Assis1..,nt without reference to the disclplinary procer:c ings against him,inpursuanoeofheCircularRoc'No'3O712024-251A4'dated'i-6-2025and G.O. t\Is. No. 257, date'd 10-6-1999' Counsel for the P':titic'ner: SRI GUNGALWAR ARUN KUMAR Counsel forthe Respondents: GP FOR SERVICES'I The Court made the following: ORDER w n TH H N' L s c N A A P o WRIT PETITION No. L7t 95()F2025 ORDER This Writ petition is filed questioning the action of the respondents in not considering the case of .the petitioner for promotion to the post of Senior Assistant, pursuant to the Circular bearing Roc.No.3O7l2O24-25/A4, dated 13.06.2025, on the ground of pendency of disciplinary proceedings, as being illegal and arbitra ry.

2. Heard Sri Gungalwar Arun Kumar, learned petitioner, and learned Government pleader counsel for the for Services-I, appearing for the respondents. perused the material on record.

3. The case of the petitioner is that he was initially appointed as PH Health Worker in Last Grade Service on 17.03.2006, and was subsequently promoted as Junior Assistant/VRO on 06.04.2011. As per G.O.Ms.No.236, dated 12.12.2022, the Tetangana Municipal Ministeriar Subordinate Service Rures govern the promotions in the department. Under Rule-4, the post of Senior Assistant (Category_ IV) is to be fired by promotion from erigibre Junior Assistants (category-V) with not ress than two years of service, subject to possession of a Bachelor.s degree, Department tests, and declaration of probation. i 2 It is stated that the petitioner has fulfilled the requisite 4- qualifications prescribed under Rule-10, includint; t- olding a Bachelor's )e:gr,:e:, passing the departmental tests, arrd having more than -Wo \/€:arS of regular Service, thereby becrlmir.g eligible for promoti,:n a:; early as 2013. However, while serving ;s Junior Assistant, tr 3h;:r'ge Memo dated 21.06.2018 was ssu.xl to the petitioner, alleqrng irregularities in the processing oF te1(lers and awarding of ltoil<s; on quotation basis. 5, The petitic ner stated that he was not the comperten 'luthority to process tend lrs and he duly submitted his explar'atic n denying all the allegatiors. It is further submitted that similar t:har;'1 memos were issu =d -cr L7 other employees in the lt4 'rrlicipallty' Subsequen'-ly, the disciplinary authority appointed an Enquiry Officer, who cr:r lucted an enquiry and submittr:d er re:lort dated

29.12.202i, ho ding that Charges 1 to 6 were not [)rov3(l against the petitionrlr, However, no final orders have bet'rr passed thereafter.

6. Mearwhile:, the respondents issued p'oc€edirgs dated Og.l2.2O2O, c.alllng for applications for promoticn .o thll post of Senior Assisl:ant, enclosing a seniority list in the cadr('r of Junior Assistants. The petitioner's name is shown at Sl,No.6, e nd he was the third eligibl: candidate; yet his case was not corsid(lr3d due to 3 pendency of disciplinary proceedings. The responclents later issued another Circular vrde Roc.No.307/2024_25/A4, dated 13.06.2025, directing all Municipal commissioners to depute clerical staff for finalisation of erigibre candidates for promotion. In the finar seniority list, the petitioner's name was shown at _ Sl.No.31, but in Column No.17, it was recorded that ',disciplinary proceedings are pending". Consequently, the petitioner submitted a representation on 18.06.2025, requesting to consider his candidature. However. his case was not considered on the ground of pendency of disciplinary proceedings. Hence, the present Writ petition.

7. Learned counsel for the petitioner submits that, although disciplinary proceedings were initiated in 2018 and the enquiry has been conducted, but no final orders have been passed till date. In the meantime, the respondents are proceeding with promotions, but the petitioner's case is being excluded solely on the ground that the disciplinary proceedings are still shown as pending.

8. Learned Government pleader for Services_I, appearing for the respondents, submits that the respondents may be directed to consider the petitioner.s case in terms of G.O.Ms.No .257, dated 10.06.1999, and pass appropriate orders in accordance with law. I I : I 4

9. TakinrT into consideration the submissions rradr: by the learned counsel =or the respective parties, this W'-it I:'€tition disposed of, dir:r:ting the respondent authorities to corrsider the case of the p(rtlt c ner for promotion to the post of Settior Assistant, in terms of G o. vls.No.257, dated 10.06.1999, and pa:;s ai)t)ropriate orders in accoTrll1ce with law, as and when the profiloti(]n process takes place Th,:t shall be no order as to costs. Miscellane rLrs petitions pending, if any, shall sta ]d c csed. /iTRUE COPY// SD/- A.H.S.GO\AIRI SH ANKAR SISI-AN-I itEGI STRAR AS \ SEClION OFFICER To, 1 The Print;ipal S -'cretary, Mun'rcipal seiretaiie t, Hv' l" rabad,'State of Tela Administration depa rtme 'n ', Telangana Department W:rangal'

2. The Reqionr:l [rirector cum Appellate Commissioner' lVlunicipa l'dministration 3. One CC tr IlRl (;UNGALWAR ARUN KUIVIAR Advocate IOPU ]l 4. Two CCs tc Cil) FOR SERVICES-I' High Court for the State <:f Telangana at Hyderabad iCtll l

5. Two CD (lo Pir:; HIGH COURT DATED:201061',2A25 ORDER WP.No.17195 of 2025 CC TODAY 6ffii lu |{ ?$15 Z. ^+. O .:.:. DISPOSING oF THE WRIT PETITION, WITHOUTCOSTS fi;,)