1. The State of Telangana v. one in violation of statutory enforceable rules in force as

Counsel for the Petitioner : SRI K.RAM REDDY Counsel for the Respondents: GP FOR SERVICES I CONTEMPT CASE No.2608 OF 2024 Contempt Case under Sections 10 To 12 Of Contempt Of Courts Act To Punish The Respondents Herein For Willfully Violating The Orders Of The High Court Dated 29-10-2024 Passed lN W.P.NO.30062 of 2024 Betwee n: J. Komala Devi, Wo. Rajkumar Doli, Nursing Officer, Govt. Medical College Aged 47 years, Occ. Working as Staff Nursei , Jagitial, Jagitial District. AND

1. Smt. Christina Z. Chongthu, lAS, Principal Secretary to Government, Medical and Health Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad - 500 022. ...PETITIONER ...RESPONDENT/RESPONDENTS 2. Sri Dr. B. Ravinder Nayak, S/o. Not known to petitioner, Age. Major, Director of Pubiic Health and Family Welfare, Hyderabad.

3. Dr. K. Sivaram Prasad, The Principal, Government Medical College, Jagitial, Jagitial District. ...CONTEMNORYRESPONDENT No.2 ...RESPONDENT/RESPONDENT Counsel for the Petitioner : SRI K.RAM REDDY Counsel for the Respondents: GP FOR SERVICES I The Court made the following: COMMON ORDER THE I{ON'BLE SRI JUSTICE PULLA I,IARTHIK WRIT PETITION No.3OO62 of 20'24 CONTEMPT CASE No.26O8 of 2024 COMMON ORDER: Since the subject matter of both these cases is inter-connected, they are heard together and are being disposed ol- by u,ay of this common order.

2. W.P.No.llOO62 of 2024 is l-iled seeking to decriire the action of respondent No.2 in overlooking the case of the petitioner for promotion to ',he post of Head Nurse/Senior Nursing Officer on the alleged ground of initiation ol disciplinary procee,lings as illegal, arbitrar5r, violative ofArticles 14 and 16, and contrarv to Rule 5(b)(i) ol the Telanganzr State and Subordinate Scrvice Rules, 1996, and consequently, to direct the respondents to consider the curse of the petitioner for promotion to the post of Head Nurs<:/Senior Nursing Officer in Multi Zone-I from the date of inclusion of the names of Nursing Ofhct:rs in proceedings dated 13.03.2024 or any other subsequent date in pursuance of proceedings datecl 1tj.1O.2O24. I I 2 PK, J W.P.No.30062 of 2024 C.C.No.2608 of 2O2a

3. C.C.No.2608 of 2024 is filed seeking to punish t1 e contemnor for his/her willful and deliberate violation of thc interim order dated

29.1O.2O24 passcd in W.P.No.3O062 of 2024.

4. Heard Sri K. Ram Reddy, learned counsel appearing for the petitioner and learned Government Pleader for Services-I, appearing on behalf of the respondents/ contemnor in thc contempt case.

5. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Staff Nurse/Nursing Officer in November, 1998, and she has been discharging her services as such, without any complaints whatsoever. While so, since the petitioner being senior among the other Staff Nurses, her service particulars were called for during December,2023. Thereafter, a list of Nursing Ofhcers in Zone- I, eligible for promotion to the post of Senior Nursing Olficer was prepared, wherein, the petitioner's name was shown at Sl.No.4, and promotion counseling was scheduled vide proceedings dated

73.03.2024. However, thc petitioner's name was not included in the annexure therein, and she was overlooked on the sole a-lleged glound of contemplation of initiation of disciplinarlz proceedings for her alleged unauthorized absence, but as on the said date, no disciplinary proceedings were initiated against the petitioner. Hence, the PK, J w.P.No.30062 of 2024 C.C.No.2608 oI2024 respondents ()ught to have considcred her case f<rr promotion, in terms ol'ser-ric,rity and eligibility, and such inaction is rvholly illegal, arbitraq', viol,rtive of statutory Rules, especially Rule S(i)(b) of tlte Telangana State and Subordinate Service Rules, 199tt.

6. It is further submitted that the petitioner n'as subseqttently issued with a r:harge memo dated 29.A4.2024, allegitrg a single charge that she had absconded from duties unauthorizedly 1,.rom l l.11.20 18 to 31.12.2021 and 13.O1.2O22 to 30.08.2022, without prior sanction from higher rluthorities. However, the petitione:- submitted her detailed explanation on O5.O7.2024, denying the charge, u'hich has not been takcn into consideration so [ar. It is submitted that respondent No.2 issued proceedings dated 16.10.2024, proposing to effect promoti()ns to the post of Senior Nursing Officcr, and the petitioner's name was shown at S1.No.4 in the arrnexure therein. However, the respondents are deferring her case for ltromotion on the mere ground of pendency ol disciplinary procecdings, initiated subsequent to inclusion of her name in the proceedings dated 1a.12.2O23. 'lherefore, learned counsel prays this Court to pass necessary orders in the present writ petition. l I I 4 PK, J W.P.No.3OO62 of 2024 C.C-No.2608 of 2024

7. While ordering Notice before Admission, this Court granted an interim order dated 29.1O.2024, directing the respondents to consider the case of the petitioner for promotion to the post of Head Nurse/Senior Nursing Ofhcer in thc ensuing promotions during November, 2024, strictlv in accordance with Rule 5(b)(i) of the Telangala State and Subordinate Service Rules, 1996.

8. On the other hand, a vacate stay petition, seeking vacation of the aforesaid interim order, was hled by the respondcnts along with a counter affidavit, and the learned Government Pleader, appearing on behalf of the respondents, submits that the petitioner was subjected to disciplinary proceedings vide charge memo dated 29.O4.2O24, for her unauthorized absence from duty, from i 1. 1 1.2018 to 31.12.2027 and 13.01.2022 to 3O.O8.2O22, without prior sanction from the higher authorities, thereby, exhibiting gross dereliction of her duties. As such, the respondents are justihed in excluding the petitioner from consideration for promotion till the conclusion of disciplinary proceedings, ald thus, there is no violation of any Ruie as alleged by the petitioner. It is further submitted that mere inr.itation of service particulars does not confer a vested right upon an empioyee for securing furttrer promotion. As such, since the charge framed against .7t- ia- .' .)/ -r 5 PK, J W.P.No..;0062 oJ 2424 C.C.No 26O8 of2O24 the petitioner is serious in nature, warranting necessary action as per the instructiorrs contained in G.O.Ms.No.26O datecl 04.O9.2023, th,e petitioner is 1ot entitled for promotion. It is submitted that in compliance with the interim order of this Court datcd 29. 1O.2O24, a speaking order vide proceedings dated 22.11.2024. has also becn passed stating that her case cannot be considered until the conclusion of disciplinary proceedings. Therefore, it is prayed to dismiss the prr:sent writ petition.

9. In reply learned counsel for the petitioner subnrits that the respondents issued proceedings dated 25.11.20'21, for effecting promotions of as many as (40) Staff Nurses in Multi Zone l. ignoring the case of the petitioner, in spite of the fact that shc is not under the currency of any punishment. It is submitted that rnere initiation of disciplinary proceedings, subsequent to inclusion of her narne in the eligibitity list riated 18.12.2023, and not considering hcr case for promotion, on lhe sole of pendency of such disciplinary proceedings, is wholly unjustifiable, illegal and arbitrary. It is also submitted that the petitioner, being fuily qualiired and eligible, is being deprived of her rightful promotion, while promoting her juniors, r.vhich is not only discriminatory but also a gross violation of principles of natural I PK, J W.P.No.30062 of2024 C.C.No.2608 of 2024 justice. Therefore, it is once again prayed to pass necessary orders in the present writ petition.

10. This Court has tal<en note o[ the rival submissions advanced by learned counsel for the respective parties and perused the material on record. I l. Admittedly, while the petitioner was u,orking as a Staff Nurse, her name was included in the list annexed to proceedings in Rc.No.1432IND-A/2023 dated 18. 12.2023, whereby, it was proposed to effect promotions to the post of Senior Nursing Office r. Thereafter, her name was also enlisted at Sl.No.4, in the annexurc to proceedings in Rc.No. 1432/ND-A/2023 dated 16. 10.2024. However, in the proceedings dated 25. 11.2O24, }:,er name was not included and the respondents are not considering her case for promotion, on the sole ground of pendency of disciplinary proceeding initiated vide Charge Memo in Rc. No. 5502 /VC -l- L / 2024 dated 29.O 4.2024.

12. For better appreciation of the case on hand, it is relevant to refer to Rule s(bxi) of the Telangana State and Subordinate Service Rules, 1996, which is extracted hereunder: '5. SELECTION POSTS:- ? PK, J W.P No.3O062 of2024 C.C.No.2608 of 2O24 (b) NorL selection posts:- No Non-Gazetted post should be treated as selection post. Promotion and app()intment by transfer to higher posts other than those mentL(rned in sub- r,lle (a, shall be made in accordance with senioritt'-cum- fitneris. unless, (i) such promotion or appointment by transfer of a member has l;een withheid as a penalty; or"

13. [t rs pertinent to note that the post of Senior Nursing Officer is a non-selection )ost, and thus, in view of the above Rule position, it is clear that :r promotion to the said post shall be ell'ectcd strictly in tcrms o[ senir,rity and eligibility, unless it has bet-n rvithheld as a penalty. Admittedly, in the case on hand, the peti(.ioner has never bcen inflicted 'vith such a punishment, and the onlv stand taken by the respondents for denial of promotion is the pendency of disciplinary proceedings. However, the Hon'lcle Apr:x Court in Neut Bank oJ Indict u. N.P. Sehgal o;nd dnothed, has c:iltsg6lically held that the mc-e pendency of disciplinary proct:edings pending departmenterl t'nquiry is not an absolute bar on for promotion of a Government ernployee, and that a punishment, if watrante<l, can be imposed even n the promoted post. Therefore, this Court is of ihe vierv that the rcspondents are not justified in rejecting the claim of the r r 99l scR (1)47.1 8 PK, J w.P.No.30062 of 202a C.C.No.2608 of 2024 petitioner for promotion to the post of Senior Nursing Officer, on the ground of pendency of disciplinary proceedings.

14. In identical circumstarces, this Court allorved W.P.No.21769 of 2021, vide order dated 13.03.2024, directing the respondents therein to consider the case of the petitioner therein and pass appropriatc orders for his promotion, on par with his immediate junior, and the said order was also confirmed by the Division Bench of this Court vidc judgment dated 29.08.2024 in W.A.No. lOlO of 2024, which has attained finality.

15. In the light of the above made discussion, this Court is of the considered opinion that the petitioner is entitled for promotion as Senior Nursing Oflicer on par with the candidates promotcd in pursuance of proceedings dated. 25.11.2024.

16. Accordingly, the Writ Petition is allowed directing the respondents to consider the case of the petitioner for promotion to the post of Senior Nursing Officer/Head Nurse on par with the candidates promoted in pursuance of proceedings dated 25.17.2024. However, it is made clear that the petitioner shall not be entitled to any monetary benefits in view of her notional promotion. 9 PK, J W.l'.No.30062 of 2024 C.C.No.2608 of 2024 17 . In vi('$ ol the above, the Contempt Case is closed. Misc,-'lliureous applications, if any, pending in this writ petition, shall stancl clrsccl. No costs. N^ //TRUE COPY// To, '1 . The Princip,al Secretary, tvledical and Health Departme Telangana Secretariat, Hyderabad - 5OO 022 SD/.T.VIJAY KUMAR TY REGISTRAR E TION OFFICER Dr. B R. Ambedkar \

2. The Director, Public Health and Family Welfare, Hyderabad. 3. The Principal. Government Medical College, Jagitial, Jagitial District. 4. The Princil>al Secretary to Government, Smt. Christina Z. Chongthu, lAS, Medical and Health Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad - 500 O22.

5. The The Principal, Dr. K. Sivaram Prasad, Government Medical College, Jagitial, Jagitial District.

6. One CC to SRI K.RAM REDDY, Advocate. IOPUC] 7. Two CCs t() GP FOR SERVICES I, High Court for the State of Telangana. B. Two CD Copies. BSK I I HIGH COURT DATED:2911012025 COMMON OFIDER WP.No.30062 ot 2024 & CC No.2608 of 2024 i\L .l^t t: Tt5 -:, .i-i: I, L) $qN$\ .t'.\ ,t/-r, ".:'.:' -,t '-.'t-\ i)q1-'-.,'.;{ ALLOWING THE WRIT PETITION & CLOSING THE CONTEMPT CASE WITHOUT COSTS t