WRIT PETITION 17514 of 2019 on 10 December 2015

1. The Collector and District Magistrate, West Godavari[District,][ Eluru.]

2. The Director, Panchayat Raj and Rural Development, A.P., NakkalaRoad, Suryaraopeta, Vijayawada, Krishna District.Road, Suryaraopeta, Vijayawada, Krishna District.

3. The State of Andhra Pradesh, rep., by its Principal Secretary,Panchayat Raj and Rural Development Department, Secretariat,Amaravathi.Panchayat Raj and Rural Development Department, Secretariat,Amaravathi.

...Respondents

z'

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ, order or direction more particularly one in thenature of Writ of Mandamus declaring the action of the respondents in notissuing posting orders to the petitioner as Panchyat Secretary Grade-Ipursuant to her promotion to the said post vide Proc.No.[9033/CPR][ and]RD/B1/2015, dated 10-12-2015 issued by the 2nd respondent while issuing promotionorderstoher juniors whowerepromotedalongwiththepetitioner to the said post without any justificationor reasonable causeeven though no disciplinary case ,s pending as on the date of promotion ofthe petitioner is as illegal, arbitrary, unjust, discriminatory and violative ofArticles14, 16 and 21of the Constitution of India and consequently holdthatthepetitionerisentiltedfor issuingpostingordersasPanchayatSecretary Grade-1 with all consequential and attendant[benefits.]

lA NO: 1 OF 2019

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents to consider the case of the petitioner forissuing posting orders as Panchayat Secretary Grade-1pursuant to herpromotionto thesaidpost videProc.No.9033/CPR andRD/BI/2015,dated 10-12-2015 issued by the 2nd respondent, pending disposal of theabove writ petition.

Counsel for the Petitioner; SRI. G SEENA KUMAR

Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ[RURAL][ DEV][ ^]

The Court made the following order:

APHC010362842019

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3396]

WEDNESDAY, THE THIRTIETH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 17514/2019

Between:

K.Swarajya Lakshmi,

...PETITIONER

AND

The Collector And District Magistrate and Others

...RESPONDENT{S)

Counsel for the Petitioner:

1. G SEENA KUMAR

Counsel for the Respondent(S):

1. GP FOR SERVICESI (AP)

2. GP FOR PANCHAYAT RAJRURAL DEV (AP)

The Court made the following ORDER:

This Writ Petitionis filed under Article 226 of Constitution of India with the following prayer for:

“...to issue a Writ order or direction more particuiariy[one]in the nature of Writ ofMandamus dectaring the action of the respondents in not issuing posting orders tothe petitioner as Panchayat Secretary Grade i pursuant to her promotion to the saidpost vide Proc. No. 9033/CPR and RD/B1/2015 dated 10.12.2015 issued by the 2ndrespondent while issuing promotion orders to her juniors who were promoted alongwith the petitioner to the said post without any justification[or][ reasonable]causeeven though no disciplinary cases pending as on the date of promotion of thepetitioner is as illegal, arbitrary, unjust, discriminatory[and][ violative][ of Articles 14][ 16]and 21of the Constitution of India and consequently hold that the petitioner is

entitledforissuingpostingordersasPanchayatSecretaryGrade-!withallconsequential and attendant benefits...”

2. HeardSri G.Seena Kumar, learned counsel for the petitioner[and][ the]

learned Assistant Government Pleader for Services-I for the respondents.

3. Learned counsel for the petitioner would submit that the petitioner wasinitially appointed as Junior Assistant on 28.01.2004 and later promoted to thepost of Panchayat Secretary Grade-ll (P.S.Gr-ll) on 08.09.2024. The post ofP.S.Grade-! falls under C!ass-A, Category-! andit should be filled strictly byway of promotion on the basis of seniority as the Panchayat Secretary Grade-Iis a non-selection post. While so, the 2"^ respondent issued proceedings dated10.12.2015 wherein 24, Grade-ll, Panchayat Secretaries were promoted asPanchayat Secretaries -Grade-1 including the petitioner hereinviz., SI.No.21.Though the petitioner was promoted to the said post, the posting order was notissued to the petitioner whereas, the remaining persons who are promoted tothe said post were issuedposting orders on16.02.2016.Learnedcounselwould further submit that the 2'’^ respondent issued a charge memo againstthe petitioner vide Memo No.127/C.P.R & RD/BI/2016,[dated][ 30.05.2016.][ The]respondents alsoinitiated criminal prosecutionin[Cr.No.27]of 2016for theoffence under Section 409, 420 of IPCof PenugondaP.S.,for the samecharges and both the proceedings arestill pending.[Learned][ counsel][ would]further submit that as per Rule 5(b)(i) of A.P. State[and][ Subordinate][ Service]Rules, 1996, the promotion to a non-selection post may be denied only if theincumbent is on currency of punishment on the date[of][ consideration][ and]inthe present case, there was no currency of punishment[as on]the dateofinitially appointed as Junior Assistant on 28.01.2004 and later promoted to thepost of Panchayat Secretary Grade-ll (P.S.Gr-ll) on 08.09.2024. The post ofP.S.Grade-! falls under C!ass-A, Category-! andit should be filled strictly byway of promotion on the basis of seniority as the Panchayat Secretary Grade-Iis a non-selection post. While so, the 2"^ respondent issued proceedings dated10.12.2015 wherein 24, Grade-ll, Panchayat Secretaries were promoted asPanchayat Secretaries -Grade-1 including the petitioner hereinviz., SI.No.21.Though the petitioner was promoted to the said post, the posting order was notissued to the petitioner whereas, the remaining persons who are promoted tothe said post were issuedposting orders on16.02.2016.Learnedcounselwould further submit that the 2'’^ respondent issued a charge memo againstthe petitioner vide Memo No.127/C.P.R & RD/BI/2016,[dated][ 30.05.2016.][ The]respondents alsoinitiated criminal prosecutionin[Cr.No.27]of 2016for theoffence under Section 409, 420 of IPCof PenugondaP.S.,for the samecharges and both the proceedings arestill pending.[Learned][ counsel][ would]further submit that as per Rule 5(b)(i) of A.P. State[and][ Subordinate][ Service]Rules, 1996, the promotion to a non-selection post may be denied only if theincumbent is on currency of punishment on the date[of][ consideration][ and]inthe present case, there was no currency of punishment[as on]the dateof

issuing the posting order i.e., on 16.02.2016 to the other persons whoarepromoted on 10.12.2015 with the petitioner. The said action of the respondentsis contrary to the Rule 5(b)(i) of A.P. State and Subordinate Service Rules,1996.

4. To buttress his contention, learned counsel for the petitioner placedreliance on the judgment of the Division Bench of this[Court][ in][ W.P.No.3099][ of]2017 dated 27.08.2021 wherein, it is held at para nos. 10, 11 & 12 as follows;reliance on the judgment of the Division Bench of this[Court][ in][ W.P.No.3099][ of]2017 dated 27.08.2021 wherein, it is held at para nos. 10, 11 & 12 as follows; "10.Inthepresentcase,thepenaltyImposedontherespondent-employeein2002 had beensetasidebytheTribunal and the order of the Tribunal was confirmed by thiscourt.ThoughanotherdisciplinaryproceedingsbeingC.NO.35/PR/2007 dated 08.6.2007 was pending against[him][ at]the time when the promotional panel was prepared in 2012, nopenalty was imposed upon himtill 2014. Hence the petitionerwas denied promotion to a non-seiection post in 2012[on an]erroneous premise that penalty had been imposed onhim.Whileconsideringtherepresentationoftherespondent-empioyeeasperinterimdirectionoftheTribunal,theauthorities again illegally denied him promotion by referring to apenalty imposedin 2014i.e.after thedateonwhichthepromotional panel was prepared.

11. In New Bank of India vs. N.P.Sehgal and Anr UheHon’bleApexCourtinteraliaheldthatpendencyofdepartmentalenquiryisnobarforpromotionoftheGovernmentempioyee,andthatthepunishmentcanbeimposed even in the promoted post.12.Inthelight of the aforesaid discussion, weareof theopinionthatthe respondent-employeewasillegallydenied promotionin 2012 on an erroneous premisethat he wassufferingpunishment,Subsequentrejectionofhisrepresentation was also contrary to Rule 5(b)(i) of[‘the][ Rules’.]to interferewiththe order of theThus, wefind no reasonTribunal and accordingly, the writ petition is dismissed.[There]shall be no order as to costs”

5. LearnedAssistantGovernmentPleaderuponreceiptofwritteninstructions would submit that the petitioner was placed[under suspension][ vide]proceedingsNo.127/C.P.R&RD/B1/2016,dated08.02.2016oftheCommissioner, PR & RD. Subsequently, she was reinstated[into][ service][ vide]proceedings dated 06.04.2018 pending finalization of[disciplinary][ proceedings.]Learned Assistant Government Pleader would further[submit][ that][ the][ request]of the petitioner will be considered after concluding[and][ finalization]of thedisciplinary case pending against her as the charges[framed][ against][ her are]grave in nature.

5.

6. Considering the submissions made, a fair look at[the][ material][ on][ record]and in the backdrop of the legal position referred[supra,][ as][ rightly][ put][ by][ the]learned counsel for the petitioner, as on the date[of][ consideration][ of][ promotion,]there is no punishment imposed by the department against[the][ petitioner.]Inview of the above said decision of Division Bench of[this][ Court]in W.P.No.3099of2017dated27.08.2021,thependencyofthedepartmentalproceedings shall not come in the way of consideration[of][ promotion][ of][ non]selection post. Hence, this Court is of the opinion[that][ the][ petitioner][ is][ entitled]forissuingpostingordersasPanchayatSecretaryGrade-1withallconsequential and attendant benefits.

WW7.In the result, the Writ Petition is allowed. No order as to costs.

Pending applications,if any, shall stand closed.

To

Sd/- K J RAJA BABU//TRUE COPY//ASSISTANT REGISTRARFSECTION OFFICER

1. The Collector and District Magistrate, West Godavari[District,][ Eluru.]

KI ^I ^I NcirxrxaiciI Ncirxrxaici2. The Director, Panchayat Raj and Rural Development,[A.P.]Road, Suryaraopeta, Vijayawada, Krishna District.Road, Suryaraopeta, Vijayawada, Krishna District.

3. The Principal Secretary, Panchayat Raj and Rural[Development]Department, State of Andhra Pradesh, Secretariat, Amaravathi.Department, State of Andhra Pradesh, Secretariat, Amaravathi.

4. One CC'to ^ri. G Seena Kumar Advocate [OPUC]

5. Two CfCs'td GP for Panchayat Raj Rural Dev, High[Court][ Of][ Andhra]Pradesh. [OUT]Pradesh. [OUT]

6. Three CD Copies

GSC

HIGH COURTDATED:30/04/2025

ORDERWP.No.17514 of 2019

ALLOWING THE WP

WITHOUT COSTS

O'S2 • MAr 2025*9'Current ^jecuon,