Disposed

Penumalli Maheswara Rao, v. Government of Andhra Pradesh

Andhra Pradesh HC23 Mar 2022WP/3516/2021

Case brief

AI extract

What is this about?

This thin order is a transfer of a writ petition to another bench for disposal based on a prior similar order. The court disposed of the petition in terms of a previous order directing the 3rd respondent to consider promotion claims within six weeks, without adjudication on merits.

What did the court decide?

The petition was disposed of with a direction to the 3rd respondent to pass appropriate orders on promotion within six weeks from the date of receipt of this order.

Penumalli Maheswara Rao, Vs Government of… — Service and Employment | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.3516 of 2021

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JUDGMENT:-

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Heard Sri C. Srinivasa Baba, learned counsel for the petitioners and Sri B. Chandra Sekhar, learned counsel for the respondents.

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The petition was filed for the following relief:

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“ For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the claims of the Petitioners for promotion for the post of Village Revenue Officers Grade-II as per the placement in the final seniority list, dated 22.07.2020 by creating an arbitrary category as "kept pending category" is illegal, arbitrary and violation of articles 14, 16 and 21 of the Constitution of India. The petitioners further pray that they are entitled to promotion to the post of Village Revenue Officers Grade-II as per the placement in the final seniority list vide Rc.A3/343/2020, dated 22.07.2020 with all consequential benefits on par with their juniors and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.”

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3 . Learned counsel for the petitioners submits that this petition may be disposed of in terms of the order, dated 14.02.2022 passed in W.P.No.9055 of 2021, wherein the following order was passed:-

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“This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

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“….to issue a Writ of Mandamus, declaring the action of the respondents in not considering the claims of the Petitioners for promotion for the post of Village Revenue Officers Grade-II as per the placement in the 1^st final seniority list Rc.No.376/2020/A2, dated 22.06.2020 which was prepared in accordance with the G.O.Ms.No.13, Revenue (SER.III) Department, dated 27.01.2020 as illegal, arbitrary and violative of articles 14, 16 and 21 of the Constitution of India and pass such other order or orders….”

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2. Though the learned counsel for petitioners advanced arguments with reference to the averments in the Writ Petition, this Court is inclined to consider his submissions for disposal of the Writ Petition, in terms of W.P.No.5290 of 2021, dated 05.01.2022, despite the vehement opposition of the learned Assistant Government Pleader for Services-I, seeking time for counter on behalf of the Department.

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3. Accordingly, the Writ Petition is disposed of with a direction to the 3^rd respondent to pass appropriate orders, in relation to the promotion of the petitioners, strictly in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order. No order as to costs.

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As a sequel, miscellaneous application, if any, pending shall stand disposed of.”

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Learned counsel for the respondents also submits that he has no objection in deciding the present petition in terms of the order passed in W.P.No.9055 of 2021, as the same controversy was also raised therein.

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Accordingly, without entering into the merits of the case, this petition is also disposed of directing the 3^rd respondent/Collector & District Magistrate, Nellore, SPSR Nellore District to pass appropriate orders in relation to the promotion of the petitioners strictly in accordance with law within a period of six (06) weeks from the date of receipt of copy of this order.

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No order as to costs.

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As a sequel thereto, miscellaneous petitions, if any pending,

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shall also stand closed.

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__________________________ RAVI NATH TILHARI,J Date: 23.03.2022

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NOTE:-

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Issue C.C. by 28.03.2022

B/o

SCS 11BbBBBBbB/BBB

135

135 135

THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

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WRIT PETITION No.3516 of 2021

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Date: 23.03.2022

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Scs

Penumalli Maheswara Rao, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Penumalli Maheswara Rao, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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