The High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the.High Court may be pleased to direct the respondents to give notional promotion to the petitioner as Manager w.e.f.2008, as the immediate junior promotion and inconsequence thereof payment of promotional benefits along with interest on the due amounts, which are paid on i.e. Arrears of increments on 19-02-201.1 , Gratuity arrears on 23-04-201 t and Encashment of leave on 05-05-20.,l 1 in view of the set aside the punishment against the petitioner by this Honble court in W.p.No.1 1g2Bl2OO2, dated 29-03-2010 by issuing a writ of Mandamus or any order or directions as this Hon'ble Court may deems fit and proper in the circumstances of the case. l.A. NO: 1 OF 2012(WPMP. NO: 22946 0F 20121 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to disposed of the representation of the petitioner dated 02-04-2012 on and got issued through his counsel, pending final disposal of the main writ petition Counsel for the Petitioner: SRI V.V. NARASIMHA RAO Counsel for the Respondent No.1: - - - - Counsel for the Respondent No.2: SRt S. VENKATESHWAR REDDY The Court made the following: ORDER .) 1 IN THE HIGH COURT FOR THE STATE OF I. :LANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE NAMAVARAPU RI\ IESHWAR RAO WRIT PETITI ON No.17923 OF 20 )z DATE OF ORDER: OL.12.2O25 Between: S. Veera bad ra ia h AND . .. Petitio ner The President, Managing Committee, District Coop., Central Bank Ltd. Mahabubnagar D istrict and another. ,.. Respo nde nts RDER The Writ Petition is filed seeking a cli ection to the respondents to grant the petitioner notional pronrrt ion to the post of Manager with effect from 2008, along with rterest on the delayed payments, in vrew oF the punishment havir( been set aside by this Hon'ble Court in W.P.No.11B28 of 2002 datec 29.03.2010.
2. Heard Sri V.V. Narasimha Rao, learned : runsel for the petitioner. Perused the material available on record
3. The brief facts of the case are that the petitioner was appointed as Supervisor in the respondent-Bank ;r cl continued in 2 the said post up to 25.05.1996, thereafter he was promoted as Assistant Manager. While so, departmental proceedings are initiated against the petitioner and a major penalty of stoppage of three annual grade increments with cumulative efFect was imposed on the petitioner. Aggrieved by the said punishment, the petitioner preferred an appeal before the 1st respondent. During the pendency of the appeal, the petitioner retired from service on 30.11.2001 without being considered for promotion as Manager, whereas his junior, Sri T.P. Mahaboob Sab, was promoted as Manager on
30.08.2001.
4. The petitioner thereafter filed W.P.No.1837 of 2002 before this Court questioning the action of the 1't respondent in not disposing of the appeal filed by the petitioner, and this Court disposed of the Writ Petition, by order dated 25.02.2002, directing the respondents to dispose of the said appeal. Accordingly, the l't respondent dismissed the appeal on 18.04.2002 by confirming the said punlshment. Aggrieved by the same, the petitioner Filed W.P.No.11B2B of 2002, and this Court, by order dated 29.03.2070, set aside the punishment order and the order in appeal on the ground that no enquiry was conducted and no Enquiry Officer was appointed, holding the action to be contrary to law and principles of natura I justice. :.®E -€7 r-;.F.j-:- Ft -/ (-. J
5. Accordingly, the respondents paid arrears of increments on
19.O2.2011, gratuity arrears on 23.04.2011, and encashment of leave on 05.05.2011. The respondents paid the due tmount without interest, and failed to grant the petitioner notional l 'omotion to the post oF Manager from the date his junior was promct :d
6. The petitioner thereafter issued legal noti(: rs through his counsel dated 10.05.2017, 04.07.2011, and 02.04.t 012 requesting payment of interest on delayed payments and r; reking notiona I promoiion. with consequential benefits. However, no actron was taken by the respondents. Aggrieved by the i raction of the I I respondents, the petitioner filed the present Writ Pe: :ion.
7. Learned counsel for the petitioner submi- that despite repeated notices issued by the petitioner, the respcr dents have not taken any steps to consider his claim.
8. No representation on behalf of the respondents
9. Taking into consideration the submissions made by the learned counsel for the petitioner, without expres:,i tg any opinion on the merits of the case, this Wrtt Petition is disp csed of with a direction to the petitioner to make a fresh repre:; Intation to the respondents within a period of two (2) weeks fr: n the date of receipt of a copy of this order. Upon receipt of such -epresentation. 4 ( the respondents are directed to consider the same strictty in accordance with law and pass appropriate orders thereon within a period of eight (B) weeks thereafter. There shall be no order as to CoStS. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. I I I l To, SD/.A.V.S. PRASAD PUTY REGISTRAR //TRUE COPY// CTION OFFICER Ivlahabubna ga r Di strict. - District.
1. The President, Managing Comittee, District Coop' Cen 2. The General Manager, District Cooperative Central Bank Ltd' Mahabubnagar 3 il;';'c to sRl v.v. NARASIIUHA RAojdvocate [oPUC] - ^- i SllE 6d i; SFii s. VEr'rxeiEsiwan neoov' Advbcate [oPUC] 5. 'Two CD CoPies I Bank Ltd. BN BS I I Af S1 E OA *r '' ? o d 1 \tt t 1 -r ots '*::-: t: HIGH COURT DATED:01 11212025 ORDER WP.No.17923 ot 2012 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t