BALARAM SINGH YADAV Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in depriving and denying the claim of the petitioner for promotion as per his turn in the seniority list as arbitrary and illegal. A consequential direction is also sought to direct the respondents to consider the claim of the petitioner for promotion to the post of Office Superintendent as per his seniority and eligibility by following G.O.Ms.No.66 General Administration (Ser.C) Department dated 30.01.1991.

(2.) Heard Sri C.Srinivasa Baba, learned counsel for the petitioner and the Sri Jagan Mohan Reddy, learned Standing Counsel for respondent No.1.

(3.) The case of the petitioner is that he was initially appointed as Record Assistant in the 1st respondent-Devasthanam on 21.6.1991. He was promoted as Junior Assistant during November, 1998 and further promoted as Senior Assistant on 27.6.2011. The grievance of the petitioner is that though he is eligible and qualified to be promoted as Superintendent, the respondents are not considering his case on the ground that disciplinary action is being contemplated against him. The petitioner stands at Sl.No.4 in the final seniority list dated 27.2.2016. The respondents, without issuing any charge sheet and without conducting any enquiry, had issued proceedings dated 9.12.2018 directing recovery from the petitioner. Challenging the same, the petitioner has filed W.P.No.46610 of 2018 and this Court vide orders dated 24.12.2018 has suspended the said proceedings.