Disposed

D. Vijaya Lakshmi v. State of Telangana and another

Telangana HC9 Apr 2021WP/8862/2021

Case brief

AI extract

What is this about?

The High Court, via Writ Petition No. 8862/2021, directed the respondents to consider the petitioner's case for promotion to Special Cadre Deputy Registrar of Cooperative Societies under G.O.Ms.No.257 dated 10.06.1999, ordering such consideration within six weeks, irrespective of pending charges.

What did the court decide?

Respondents directed to consider petitioner's case for promotion to Special Cadre Deputy Registrar of Cooperative Societies within six weeks of receiving a copy of this order.

D. Vijaya Lakshmi Vs State of Telangana… — Pension and Retirement Benefits | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

FRIDAY, THE NINTH DAY OF APRIL

¶3

TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILT

¶6

WRIT PETITION NO: 8862 OF 2021

¶7

Betwee n:

¶8

D. Vilaya Lakshmi, W/o. P. Ashok Kumar, Aged about 49 years, Occ. General Manager at Telangana Food, R/o. Flat No. 108, Chanakya Residency, Vidyanagar, Hyderabad - 500 020.

¶9

...PETITIONER

¶10

AND

¶11

1 State of Telangana, Rep. by its Principal Secretary, Department of Cooperation and Agriculture, Secretariat, Hyderabad,

¶12

2 The Commissioner for Cooperation, and Registrar of Cooperative Societies, Govt. of Telangana, Hyderabad.

¶13

...RESPONDENTS

¶14

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the respondents in deferring the promotion of the petitioner to the post of Special Cadre Deputy Registrar of Cooperative Societies until the termination of charges against her vide G.O.Ms.No.18, Agriculture and Cooperation (Coop-l) Department, dated 30/03/2021, as illegal, arbitrary and violative of Article 16 of the Constitution of lndia and to set aside the same and to direct the respondents to^promote the^petitioner to the next higher post of Special Cadre Deputy Registrar of Cooperative Societies without deferring the same until termination of charges against her, in the light of the charge memos issued to her having been suspended by the court.

¶15

lA NO: 1 OF 2021

¶16

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 the post of Special Cadre Deputy Registrar of Cooperative Societies, without deferring the same until termination of charges against her, by suspending the proceedings in G.O.Ms.No.18, Agriculture and Cooperation (Coop-l) Department, daled 3010312021 , to that extent, pending disposal of the Writ Petition,

¶17

Counsel for the Petitioner: SRl. VEDULA SRINIVAS

¶18

Counsel for the Respondents: GP FOR SERVICES lll

¶19

The Court made the following: ORDER

¶20

HON'llt.E SI{l .l[,STICFl .\t}l{INAND KL }lAIt SHAVILI

¶21

WRIT PETITION N o.8862 ol'202 I

¶22

or{DEIr.:

¶23

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in deferring the promotion of the petitioner to the post of Special Cadre Deputy Registrar of Co-Operative Societies until the termination of charges against her, vide G.O.Ms.No.18, Agriculture & Co-Operation (Coop-I) Deportment, dated 30.3.2021 as illegat and arbitrary and a consequential direction to the respondents to consider the case of the petitioner tbr promotion to the said post.

¶24

Heard Sri Vedula Srinivas, learned counsel tbr petitioner, and the learned Govemment Pleader for Services-lll.

¶25

It has been contended by the petitioner thar she is working as District Cooperative Audit Officer and she is fully eligible and qualified to be promoted to the post of Special Cadre Deputy Registrar of Co-Operative Societies.

¶26

The grievance of the petitioner is that the respondents are not considering her case for promotion to the post of Special Cadre Deputy Registrar of Co-Operative Societies on the ground of pendency of the charges.

¶27

Learned counsel tbr petitioner. contended that the State Government has framed guidelines in G.O.Ms.No.257 dated 10.06.1999 to consider the casc-s olentployees ibr prontotion against whorn d isciplinary proceedings/criminal proceedi ngs are pending. As

¶28

per G.O.Ms.No'257^{dated10.06.1999,the competent authoritymust} consider the^{cases ofemployeesagainstwhomdisciplinary} proceedings/criminal^{proceedings are pending and pass appropriate} ordersastowhethertheyareeligibleforpromotion'But'intheinstant case, the respondents^{are not consideringthe case of petitioner for} promotion to^{the post of SpecialCadre Deputy Registrar of} Co-Operative^{Societiesin terrnsof G O'MsNo '257 dated l0'06' 1999'} Tl-rerefore, learned^{counsel tbr pelitiorrer contendsthat appropriate} orders be^{passeddirectillg the respondentsto considel the caseo1-} petitioner for^{plornotion to the post ol Special Cadre DeputyRegistrar} of Co-Operative^{Societies in tenrs ofG'O Ms'No'257dated} 10.06.1999^{and pass appropriate orders'}

¶29

Learned Government^{Pleaderappearing for the respondentshas} contended that^{the case of the petitioner will be consideredin terms of} G.O.Ms.No.257^{dated10'06'1999and appropriate orderswouldbe} passed.

¶30

This Court,^{having consideredthe rival submissionsof learned} counsel for^{both the pafties,is of the consideredview that the writ} petition can be^{disposeclof directing the respondents to consider the} case of^{petitioner tbr pronlotiotrto the post ol Special Cadre Deptttl'} Registrar of Co-Operative^{Societies in terms of G'O Ms No'257 dated} 10.06. 1999 and^{pass appropriateordersn'ithin six weeks from the date} ofreceipt ofa^{coPY ofthis order'}

¶31

With the above^{observations,the writ petition is disposedof'} No order as to costs.

¶32

¶33

Pending miscellaneous petitions, if any, shall stand closed.

SD/- M.MANJULA

ASSISTANT REGIS

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Department^{of Cooperation and Agriculture,Stateof} Telangana Secretariat, Hyderabad,

¶40

The Cbmmissioner for Cooperation,^{and Registrar of CooperativeSocieties,} Govt. of Telangana, Hyderabad.

¶41

3, One CC to Sri. Vedula Srinivas Advocate IOPUCI

¶42

Two CCs to GP for Services lll, High Court^{for the State of Telangana} [OUT]

¶43

Two CD Copies.

PIV

I..\r 'd"

HIGH COURT

DATED:09/04/2021

ORDER

i l-€
1dE
o)
20 APB2021
.k
*
s6sp

¶52

WP.No.8862 ot 2021

¶53

DISPOSING OF THE WP WITHOUT COSTS.

D. Vijaya Lakshmi v. State of Telangana and another

Case brief

What is this about?

What did the court decide?

D. Vijaya Lakshmi v. State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Miriyala Mariyamma and 2 others Vs Miriyala Subhadra and 2 opthers

Kurmeti Sandhya Vs The Telangana State Public Service Commission

Smt. P.Priyamvadha Vs The Union of India, And 4 Others

Gunda Gopikrishna Vs The Osmania University and 3 Others

Ifci Limited Vs The Union of India and Another

A.Murali Vs Sri Sunil Sharma I.A.S and another