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2024 DIGILAW 882 (TS)

G. Venkateswarlu v. State of Telangana

2024-12-31

PULLA KARTHIK

body2024
ORDER : Pulla Karthik, J. With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage. 2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not disposing of the representation dated 28.08.2024 is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to consider the representation of the petitioner dated 28.08.2024, and pass…” 3. Heard Sri R.Satyanarayana Murthy, learned counsel for the petitioner; learned Government Pleader for Services-II for respondent No.1; and Sri N.Sridhar Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, for respondent No.2. 4. Learned counsel for the petitioner submits that the petitioner was initially appointed as Line Men on 29.06.1992 and subsequently, he was promoted to Sub Engineer and further, promoted to Additional Assistant Engineer on 05.12.2001. While so, a case in Crime No.16/ACB-CIU-Hyd/2007, dated 06.06.2007, was registered against the petitioner and he was suspended from service on 09.07.2007. After filing the charge sheet, the same was numbered as C.C.No.17 of 2008 on the file of learned Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. The trial Court vide judgment, dated 23.06.2010, convicted the petitioner and sentenced him to undergo rigorous imprisonment for a period of two years. Aggrieved by the same, the petitioner filed Criminal Appeal No.818 of 2010 before this Court and this Court, by judgment, dated 10.08.2023, has acquitted the petitioner. Subsequently, the petitioner was reinstated into service vide proceedings, dated 14.08.2024 and posted as AAE, Construction (Technical) at the O/o.Superintending Engineer (OP), Yadadri, Yadadri Bhuvanagiri District. Learned counsel further submits that the petitioner is eligible for promotion to the post of Assistant Divisional Engineer (ADE). Therefore, he has submitted a representation to respondent No.2 on 28.08.2024 requesting to consider his candidature for promotion to the post of ADE and the same is pending consideration. Hence, learned counsel prays this Court to direct respondent No.2 to consider the representation, dated 28.08.2024, submitted by the petitioner and pass appropriate orders, within a stipulated period of time. 5. Therefore, he has submitted a representation to respondent No.2 on 28.08.2024 requesting to consider his candidature for promotion to the post of ADE and the same is pending consideration. Hence, learned counsel prays this Court to direct respondent No.2 to consider the representation, dated 28.08.2024, submitted by the petitioner and pass appropriate orders, within a stipulated period of time. 5. Learned Standing Counsel for respondent No.2 fairly submits that respondent No.2 will consider the representation of the petitioner, dated 28.08.2024, and pass appropriate orders thereon, in accordance with law. 6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing respondent No.2 to pass appropriate orders on the representation, dated 28.08.2024, submitted by the petitioner, strictly in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.