The High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the constitution of lndia praying that in the circunlstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction, more particularly one in the nature writ of Mandamus or any other appropriate order declaring the action of the respondents in denial of promotion to the petitioner for the post of Superintending Engineer (Electrical) in TGSPDCL merely on pendency of ACB Case before the PrincipalSpl.JudgeforSPEandACBCases,HyderabadinC.C.No.lo7of2024, which is still in appearance stage in terms of orders issued in G.o.Ms.No.257, G'O'Ms'No'529' G'A' G.A. (Ser-C) Department dated 10.6.1999 and (Services-C) Dept., dated 19.8.2008, as illegal arbitrary and erroneous and consequently direct the respondents herein to consider the claim of the petitioner for promotion to the post of superintending Engineer (Electrical) in TGSPDCL of orders issued in without reference to the Criminal case in terms 10.6.1999 and also G.O.Ms.No.257, G.A. (Ser-C) Department dated G.O.Ms.No.529,G.A.(Services-C)Dept.,dated19'8'2008whichisadoptedby -also I i I I I the respondents and the analogy of orders granted by this Hon'ble Court in W.P.No.32881 of 2025, in the interest of justice. lA NO: 1 OF 2025 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 birect the respondents herein to consider the claim of the petitioner for promotion to the post of Superintending Engineer (Electrical) in TGSPDCL without reference to The C.C.No.107 of 2024 in terms of orders issued in G.O.tvls. No.257, G.A. (Ser-C) Department dated 10.6.1999 and also G.O.tMs. No.529, G.A. (Services-C) Department, dated 19.8.2008 which is adopted by the respondents and the analogy of orders granted by this Hon'ble Court in W.P.No.32881 of 2025, pending disposal of the above Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI G.ARUN KUMAR Counsel for the Respondent No.1: GP FOR SERVICES-II Counselfor the Respondent Nos.2 & 3: SRI N.SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER 1-, IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PETITION No.3984O OF 2o.25 THE TWENTY FOURTH DAY OF DECEMBER TTVO THOUSAND AND TWENTY FTVE Between: B.Durga Rao AND The State of Telangana, rep. by its Principal Secretary, Energy Department, Secretariat, Hyderabad and (2) others. ORDER: ... Petitioner ... Respondents ,L I This Writ Petition is filed aggrieved by the action of the respondents in denying promotion to the petitioner for the post of Superintending Engineer (Electrical) as arbitrary and itlegal.
2. Heard Sri G.Arun Kumar, learned counsel for the petitioner, learned Government Pleader for Services-ll appearing for respondent No.1 and sri N.Sreedhar Reddy, learned Standing Counsel appearing for respondent Nos.2 & 3. With their consent, this Writ Petition is taken up for disposal at the admission stage itself. i€ €'" '- 2
3. The learned counsel for the petitioner submits that the petitioner while working as Divisional Engineer (operations), TGSPCL, Bhongir, a trap case rvas registered by the ACB authorities vide F.l.R.No.20lRCT-CR-2 /2org dated 8.g.2018 under Section 7(a) of the Prevention of corruption Act, 198g. After frling of charge sheet, the matter was taken up by the rearned principal Sessions Judge, Nampaly, Hyderabad vide c.c.No.107 of 2024, however, there is no progress in the criminal case. It is further submitted that in the final seniority list of Divisional Engineers (Electrical) as on l'6'2014, the n€une of the petitioner was shown at Serial No.94 and 93 Divisional Engineers were already promoted and now the petitioner is placed at seriar No.1, however, the respondents are not considering his case on the ground of pendency of criminal case though the petitioner is fully eligible and entitled for promotion to the post of superintending Engineer (Electrical). Therefore, petitioner seeks indulgence of this court to direct the respondents to consider his case for promotion to the post of Superintending Engineer in terms of G.o.Ms.No.257, General Administration (ser.c) Department dated 10.6. tggg, within a stipulated period of time. j i J
4. The learned Standing counsel appearing for the respondent Corporation submits that since criminal case is pending against the petitioner, petitioner is not eligible for promotion to the post of Superintending Engineer, however, his case will be considered in terms of G.O.Ms.No.257 dated 10.6. lg9g, as per law.
5. Having regard to the submissions made by the respective parties, the writ petition is disposed of, directing the respondents to consider the case of the petitioner for promotion to the post of Superintending Engineer (Electrical) in terms of G.o.Ms.No .252, General Administration (Ser.c) Department dated 10.6. Lggg, as per his seniority and eligibility, in accordance with law, as and when promotions takes place. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to To
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6. 7. PSK. GJP IrRUE coPY// SD/.U. SUDHA ASSISTANT REGISTRAR6 sEcrloN oFFlcER The Principal Secretary, Energy Department, secretariat, Hyderabad, state of Telangana The chairman and Managing Director, southern Power Distribution company ;iT"hft;ni r-itnituo, ruiilt iompound' Hvderabad' The chief EngineeilH'c'D qnd irg.l, soulrrern Power Distribution company Hvd ep [9{ ri i rn ii"o),' ui n1 Qo-ryrpdJnd' vo cdle to e-u q1 Snr c. [n u r.t xu rrlnR, .Ad "i " " 6 Two ccs to Gp FSiiEiRviceb:ri, iii;h c"l,r for tire state of reransana' at ^;-CC'to Hvderabad. IOUTI ohe cc to SRt N.aneroHAR REDDY, sc FoR TGSPDCL [OPUCI i*o CO CoPies T" r r'. s .HIGH COURT DATED i2411212025 ORDER WP.No.39840 of 2025 \ \ i I a DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1,{) 5\A P(