Writ Appeal filed by employer challenging interim direction stalling promotion post. Bench held employer cannot stall promotion process despite pending representation. Appeal allowed and interim order set aside.
Set aside the impugned order staying promotion proceedings and allowed the writ appeal.
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THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No.936 of 2014
JUDGMENT : (Per LNR,,J)
This Writ Appeal is filed against the order, dated 04.06.2014, passed by a learned Single Judge of this Court in W.P.M.P.No.18808 of 2014 in W.P.No.15181 of 2014.
Briefly stated, the facts are that the 1st respondent was promoted to the post of Divisional Engineer in the Southern Power Distribution Company of Andhra Pradesh Limited, the appellant, on 11.12.2008 and a vacancy for the post of Superintending Engineer is said to have arisen on 23.09.2009. On an earlier occasion, the case of the 1st respondent was not considered for promotion, on the ground that she did not complete the one year service, which is mandatory under the Rules.
The 1st respondent submitted a representation, dated 23.01.2014, to the appellant, ventilating her grievance. Alleging that her representation was not considered, she filed W.P.No.3372 of 2014 and the said writ petition was disposed of on 07.02.2014, directing the appellants to consider the representation of the 1st respondent and to pass appropriate orders, within a period of two weeks.
The 1st respondent filed the present writ petition, stating that despite the direction issued by this Court in W.P.No.3372 of 2014, not only no orders have been passed, but also no steps have been taken to fill the vacancy. The writ petition was admitted, and in W.P.M.P.No.18808 of 2014, an interim direction was issued to the effect that the appellants shall not take steps to fill the post of Superintending Engineer, without disposing of the representation submitted by the 1st respondent on 23.01.2014, and that in case the
representation is considered and the result thereof is not in favour of the 1st respondent, she shall be given a clear time of two weeks before any further steps are taken to fill up the promotional post.
Heard Sri G. Vidya Sagar, learned Senior Counsel for the appellants, and Sri Y.V.Ravi Prasad, learned counsel, representing Sri A. Sreedhar, learned counsel for the 1st respondent.
The 1st respondent, no doubt, submitted a representation on 23.01.2014 ventilating her grievance and approached this Court by filing W.P.No.3372 of 2014. In case the direction issued by this Court in W.P.No.3372 of 2014 was not complied with, the remedy is somewhat different. Assuming that the direction issued by this Court was not complied with, the 1st respondent cannot stall the proceedings for effecting promotion to a superior post. Across the Bar, the learned Senior Counsel for the appellants stated that the representation submitted by the 1st respondent has been rejected and a formal order is in process for being communicated and by the end of this day, it would be communicated.
If one goes by the record, as it stands now, the appellants treated the 1st respondent as not being within zone consideration for promotion to the post of Superintending Engineer. In the present state of affairs, the selection process for the post of Superintending Engineer cannot be stalled.
We, therefore, allow the Writ Appeal and set aside the order under appeal. It shall be open to the 1st respondent to work out the remedies, vis-à-vis, the communication, which she may receive about the representation made by her on 23.01.2014. There shall be no order as to costs.
The miscellaneous petitions filed in the writ appeal shall stand disposed of.
_____________________ L. NARASIMHA REDDY, J
_______________________ CHALLA KODANDA RAM, J 13th June, 2014 cbs
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
W.A.No.936 of 2014
13th June, 2014
cbs
2 issues framed by the court
Whether selection process for promotion to Superintending Engineer can be stalled pending outcome of rejected representation
Whether court direction not complied with by employer justifies halting promotion proceedings against appellant
Southern Power Distribution Company of Andhra Pradesh Limited
Sri A. Sreedhar
L. NARASIMHA REDDY
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
