The High Court · 2025

Judgment

2. 3 4 The Director, Department of AYUSH, Telangana State, Hyderabad. The Additional Directo(HOMOEO) i/c, Department of AyUSH, Telangana State, Hyderabad. The Regional Deputy Director, Department of AyUSH, Telangana State, Hyderabad. The State of Telangana, Rep. by its Principal Secretary, lv,ledical and Health Department, Secretariat, Hyderabad. ...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleaseld to issue, a writ, order or orders more particularly one in the nature writ of Mandamus declaring the anti dated impugned Memo No.53g0/821201g dated 271912019 issued by the 2nd respondent communicated vide letter dated 911212019 by the 3rd respondent in cancelling and nullifying the petitioners promotion orders dated 251912019 issued by the '1st respondent as illegal null and void and consequentially direct the respondents to fix the pay of the petitioner in the promotional post of Senior Medical officer and forward his pension proposals consequent on his retirement from service on attaining the age of superannuation 301912019 with all consequential benefits, by holding the action of the respondents in cancelling and nullifying the petitioners promotional orders with anti date after lapse of more than (3) months without any notice and opportunity and without enquiiy under the ccA Rules as the same is amounts to reversion and further not fixing his pay in the promotional post and not fonarardrng the pension proposals is as illegal, arbitrary, discriminatory and subversive of Articles 14, 16 of the Constitution of lndia. IAN :1OF 2019 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in suppo( of the. petition, the High court may be pleased to suspend the operation of the impugned anti dated Memo No.5380 lB2l2o1\ dated 27-9-2019 issued by.the 2nd respondent communicated vide Memo dated g-12- 2o19 by the 3rd respondent and consequential direct the respondent to fix the pay of the petitioner in the promotional post as Senior Medical Officer. lA NO: 1 OF 2020 Between: The Director, Department of AYUSH, Telangana State, Hyderabad. The Additional Directo(HOMOEO) 1lc, Department of AyUSH, Telangana State, Hyderabad. T.he Regional Deputy Director, Department of AyUSH, Telangana State, Hyderabad. The State of Telangana, Rep. by its Principal Secretary, l\,4edical and Health Department, Secretariat, Hyderabad. ...PETITIONERS/RESPONDENTS

2. 3 4 AND Dr. P.SHARATH CHANDRA, S/o (Late) P.Satyanarayana , Aged about 59 years, 'Offt"Cer,-blo. -Uori5.u Occu. Retired Senior [\,4edical Officer/Assit' Rese'arch Dispensary, Nalgonda District Head euarters, Natgonda, Nalgonda bisilLi. - - - ...RESPONDENTS/PETITIONER 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 vacate the interim order dated 31 .12.2019 in W.p. No. 29.138 of 2019. Counsel for the P€ititioner : SRI CH.JAGANNATHA RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA VIRIT PETITION No . 29134 oF 2019 ORDER: ,. The case of petitioner is that he was appointed as Junior Medicerl Officer on 04.O4. 1998, after due process o[ selcction undcr the control of respondents and he completed 30 years of service, without single promotion. After r:omJrletion of 3O years of service, he was promoted as Scnior Medical Officer/Assistant Research Officer (Homeo) under Proc666ling" No.538O/82l2018 dated 25.09.2019, issued bv thc 1"t respondcnt and he was posted in the existing vacerncies at Government Homeo Dispensary, Nalgonda District Headquarters and the 3.d respondent issued Memo dated

27.O9.2O19, directing him Lo relieve from the post ol Mcdical C)fficcr, Government Homeo Dispensary, Suryapet l)istrict, dulv handing over complete charge to Dr. B. Rama Krishna and he rvas relieved from the lower post at Suryapet. On 27.O9.2OI9, petitioner is slated to have submitted representation to the 3.d respondent to perm.it him to join duty in the promotional post at Nalgonda. Thereafter, the 3,d respondent issued consequential memo dated 27 .O9.2O79 permitting him to join dut. in the promotional post and authorizing powers of a DDO lrrr d rau,l I 2 and disbursing salaries and other bills pertaining to Government Homeo Dispensary, Nalgonda District Headquartcrs. Hc accordingly, joined duty on 28.09.2019 and communicated the compliance report to the 3'd respondent on the very same day and was in the promotional post and drawn the salary from 28.09.2O 19 onwards. It is also stated after attaining age of superannuation, the 3'd respondent issued mcmo dated 3O.09.2O 19 and he retired from lhe serwicc on the afternoon of that date. He submitted represe ntation dated 13. i 1.20 l9 requesting the 3'd rcspondent for hxing his pay in the promotional post of Senior Medical Office r from 28.09.2019. The 2'd respondent issued imputed ante-dated Memo dated 27 .O9.2O19 , which was communicated by the 3'd respondent uide letter dated 09.72.2O19, cancelling the promotion orders d,ated 25.09.2O19, which was already given e[fcct to, without any notice and opportunity and the same is violation of principles of natural justice. Once petitioner was promoted on

25.09.2079 and joined in promotional post on 28.09.2019 and retired from service on 30.09.2019, after lapse of 3 months that too after his superannuation, respondents have no power and jurisdiction to issue ante-dated Memo duly cancelling promotion ) ) I ! i ! I i I I 3 ? orders, which amounts to reversion without any enquiry as per CCA Rules. Once, he was promoted by the 1st respondent, u,ho is thc competent authority, the 2"d respondent, rvho is subordinatc, has no power and jurisdiction to cancel and nullify his promotion orders. He further stated that he retired from seruice in promotional post of Senior Medical Olllcer, as such, he is entitled for payment of pension and all retirement benefits in the promotion post and respondents are bound to fix his pay in promotional post and forq,ard pension proposals to the Accountant General, Telangana State. The arbitrary action of respondents in not hxing his pay in the promotional post and not finalizing pension proposal is arbitrary, illegal, unjust and violation o[ Articles l4 and 16 of the Constitution of India_ 2. On behalf of Respondents 1 to 4, the Deputy Director (Admn.) Department of AyUSH, Telangana State , filcd countcr stating that Screening Committee, after going through the material and G.Os zrnd order in Writ petition No. 297g6 ot 2O17, recommended the names of Dr. p. Lakshmi Devi and Dr. G. Venu Sukumar, including the name of petitioner zrnd others for thc panel yr:ar 20i8-2O19, for promotion to the category of Se nior Medical Officer/ Assistant Research Officer (Homeo), subject to outcome of WAs/WPs/OAS/Rps etc. petitioner was ) ) I l 4 promoted as Senior Medical Officer, Government Homeo Dispensary, Nalgonda uide proceedings datcd O2.O3.2O19; though he received movement orders for promotion post, he did not join in promotion post quoting personal reasons and requested for extension of time . As per G.O.Ms. No. 145, dated

15.06.2004, An employee, who does not join thc post within the stipulated time or evades to join the post by proceeding on leave, shall lose his promotion right offer for thc current panel year and the name of the candidate shall be placed before the next DPC for consideration subjecL to availability of vacancy'. As per the said orders, the request for extension of joining Lime was considered and rejected and thal petitioner vvas completely aware about the facts and voluntary relinquishing his promotion dated O2.O3.2019. It is furthcr stated that petitioner requested for promotion through Application dated O2.O8.2019, in view of 3O years' service and the same was rejected as per G.O.Ms. No. 145 dated 15.06.2OO4. It is also stated that petitioner tried to manipulate the staff for movement of thc file and no case was lodged against him as substantial evidence was not available. In the absence of recommendation of screening committee, promotion is not valid. Therefore, it is prayed to dismiss the Writ Petition. )' ) I 5 (

3. Lcarncd counsel for petitioner Sri Ch. Jagannatha Rao reiterated the averments of the writ petition and submits that the impugned Memo amounts to reversion without any enquiry as pcr CCA Rtrles and that respondents liled coun ter with all lalse contcntions to cover up their latches and lacunae.

4. Lcarned Government pleaders for Serv'rces - I and II relying on G.O.Ms. No. i45 dated 15.06.2004 submits that the request for extension of joining time was considered and rejected and that petitioner u,as completely awarc altout the facts and voluntarv relinquishing his promotion clated O2.O3.2O19, hence, no interference need be warrzrnterl in the ordcr impugr-rcd.

5. Per contra, learned counsel for petitiont:r contendecl that as per C.O.Ms. No. 145 dated 15.06.2O04, petitioncr ncver relinquished his promotion and in fact, he submitted reprcsentation lor cxtension of joining time, in the promo[ion post and that rcspondents never rejected his claim of extension of joining timc, in his promotion post and that if really, respondents rejected his representation, they .,vould have communicated the samc to petitioner, as such, the question of relinquishment of promotion does not arise. He further argued )l I I \ 6 that since the name of petitioner was also rccommended by Screcning Committee and his request for extension of joining time was considered, the 1st respondent, being compctent authoriry, issued proceedings dated 25.O9.2D19 and he was promoted and posted as Senior Medical Officer at Nalgonda District headquarters; accordingly, he joincd on 28.O9.2019 and retircd from service on 30.09.2019, as he attained the agc of superannuation.

6. This Court perused the documents hled along with Writ Petition and counter. On examination, it is obscrved and it is also an admitted fact that Screening Committee recommended the name of petitioner along with others for promotion to the post of Senior Medical Officer and petitioner r,l,as also promoted as such at Government Homeo Dispensary, Nalgonda uide proceedings dated O2.O3.2O19 issued by thc 1"t respondent, for the panel year 2O|8-2OI9 and it is also an admitted fact that on 20.03.2019, pctitioner requested for extension of joining time. Admittedly, respondents did not place an iota of evidence to show that the request of was rejected. Further, there is nothing to accept their contention that petitioner relinquished his promotion at any point of time. Simfly because petitioner sought time for extension of joining ) 7 tlme, iL cannot be presumed that he evaded joining the promotion post. Furthermore, it is not the case that petitioner went on leave. Except makir-rg vague allegation, responrlents did not show that petitioner relinquished his promotron. The material on record also speaks that petitioncr nlade an Application on O2.O8.2019 to permit him join in his promotion post and having considered his request, the 1"r respondent issued Memo dated 25.09.2019 posting him as Senior Medical Ofhcer (Homeo), Nerlgor-rda Head euarler and consequc.ntly, he joined on 28.09.2019 and later, he retired from servrce on 30.09.20 19 on attaining the :rge of superannuation.

7. Respondents did not explain as to hou, the impugned Mcmo ll,as issued with same proceedings No.5380/B2/2018, evcn though the said number r,r,as already issued on 25.09.2019. Thus, it is clear that impugned is created, which rvas scrvccl on pctit.ioner on 27.12.2019. If really, such cancellatior-r proccedings \ve re issued on 27 .Og .2olg, iL would have bcen served on petitioner before his joining in promotion post. No explanation was offered by respondents on this aspect as to q,hv such Memo was served leisurely on 27.12.2019. \ 8

8. Another contention of respondents is that petitioner tried to manipulale the staff for movement of hle Except making vague allcgation, no details are stated by thcm in that regard' Respondents themseives categorically stated -that no casc was lodged against petitioner as substantial evidence was not available. Since it is vague allegation, without any substance' there is no need to give any signihcance to the said contention' g. It is an admitted fact that petitioner retired from serviccontheAfternoonof3o.0g.2olgandmaderepresentation dated 13. ll.2}lg requesting the 3'd respondent for fixing his pay in the promotional post of Senior Medical Officcr from 28.Og .2)tg . As seen from record, respondents have failed to fix the pay and scnd pension proposal without any justifiable reason and even though petitioner retired from service way back on 3O.09.2O 19 after attaining the age of superannuation' having put up 30 years of service, he did not receive retircment beneltts tillthisdate.Itistobeseenherethatoncepetitioner,whose name was already recommended by Screening Committee' u'as promoted on 25.O9.2019, joined promotional post on 2a.Og.2}lg and retired from service on 30 09'2019 after htt.i.ring age of superannuation, after lapse of 3 months' responclents have no power and jurisdiction to issue impugned ,: 9 Memo as it u''ould amount to reversion without atty enquiry as per CCA Rules. Respondents have also miserably failed to establish the reason for cancellalion of promotion orders that too by issuing an ante daLed memo. Issuing such memo itself is sufficicnt to conclude that l.here are no merits in the contention of lean'red Governmcnt Pleadcrs. For the loregoing rcasons, this Court holds that impugncd Memo is liable to be set aside.

10. The Writ Petilion is accordingly, allowed sctting asidc the Memo dated 27 .O9.2019 issued by the 2"'r respondent. Respondents are directed to hx the pay of petitioner in promotion post of Senior Medical Officer and fonvard proposals for payment of all retircment benefits including pension, forthwith. No costs. 1 1. Consequently, thc miscellaneous Applications, if any shall stand r:losed. That Rule Nisi has been made absolute as above. Witness THE HON'BLE THE ACTING CHIEF JUSTICE SUJAY PAUL, on this Twentieth Day Of February Two Thousand And Twenty Five I SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 3 4 5 o 7 e, Hyderabad The Director, Department of AYUSH, Telangana S The Additional Directo(HOMOEO) 1/c, Department of AYUSH, Telangana State, Hyderabad. The Regjional Deputy Director, Department of AYUSH, Telangana State, Hyderabad. The Principal Secretary, Medical and Health Department, Secretariat, State of Telangana, Hyderabad. one ec to sRl cH.JAGANNATHA RAO, Advocate. [OPUC] Two CCs to GP FOR SERVICES l, High Court for the State of Telangana. Two CD Copies. BSK GJP , HIGH COURT DATED:20 tOZt2O2s o; rsa] .9 .\\s $' \ ,;\ t .t- \ I I ,i,' tL ", ! \ '... ' JrSlH ){' f-i ORDER WP.No.29138 of 2O1g fl__L.gryNc rHE wRtr PEflfloN WITHOUT COSTS W 1^