Disposed

V.Ranga v. Government of Andhra Pradesh

Telangana HC12 Sept 2014WP/9343/2014

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging the Administrative Tribunal's refusal of interim relief in a promotion matter. Instead, the court directed respondents to file counter-affidavits before the Tribunal within two weeks for a final disposal within four weeks after pleadings.

What did the court decide?

Petition dismissed; respondents directed to file counters before Tribunal within two weeks; Tribunal to dispose of underlying application within four weeks after pleadings.

V.Ranga Vs Government of Andhra Pradesh — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.9343 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This writ petition is filed challenging the order, dated 26.2.2014, in O.A.No.1187 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).

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2. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to call for the records pertaining to G.O.Rt.No.325, Panchayat Raj and Rural Development (VIG.IV) Department, dated 15.2.2014, of respondent No.1 and to set aside the same, as illegal and arbitrary, and consequently, to direct the respondents to consider the claim of the applicant for promotion to the cadre of Additional Commissioner of Panchayat Raj and Rural Employment. As an interim measure, the applicant sought to suspend the proceedings issued in G.O.Rt.No.325, dated 15.2.2014, and to give a direction to the respondents to consider his claim for promotion to the cadre of Additional commissioner of Panchayat Raj and Rural Employment.

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3. The Tribunal, upon considering the material on record, refused to grant an interim order. Challenging the same, applicant filed the present Writ Petition.

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4. Heard both sides.

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5. Prima facie, as punishment of stoppage of two (2) annual grade increments with cumulative effect is staring at the petitioner, he is not eligible to be considered for promotion to the aforementioned cadre,

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but learned counsel for the petitioner stated that there is no bar for placing the matter before the Departmental Promotion Committee (D.P.C.) for considering the case of the petitioner. Learned Government Pleader for Services - II (Telangana) stated that as on now, there is no proposal for constitution of a D.P.C. for giving promotion to the posts of Additional Commissioner of Panchayat Raj and Rural Employment.

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6. We are not inclined to grant any order in view of the fact that the present writ petition is filed for not granting an interim order by the Tribunal. When the discretion is exercised properly by the Tribunal, the impugned order needs no interference by this Court and the writ petition is liable to be dismissed. However, we direct respondent Nos.1 and 2 herein to file their counter before the Tribunal within a period of two (2) weeks from the date of receipt of a copy of this order and after completion of pleadings, the Tribunal is requested to dispose of the aforementioned Original Application itself within a period of four (4) weeks.

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7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending, in this Writ Petition shall stand closed.

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______________________

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_______________

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Date: 12.9.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.9343 OF 2014

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DATE: 12.9.2014

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AMD

V.Ranga v. Government of Andhra Pradesh

Case brief

What is this about?

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V.Ranga v. Government of Andhra Pradesh

Case brief

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