IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 8107 of 2006 Between: B.Nagabhushanam, s/o late B.Venkateswara Rao, Flat No.301, Vishnu Apartments, Birla Gate, Kurnool, Kurnool District. ..... PETITIONER AND The Government of A.P., rep., by its Principal Secretary, B.C.Welfare, Secretariat, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus, declaring action of the respondents in not considering the name of the petitioner for promotion to the post of Joint Director, B.C.Welfare from the date of the promotion of the juniors as illegal, arbitrary, unconstitutional against the principles of nature of justice consequently declare that the petitioner is entitled to be promoted to the post of Joint Director, B.C. Welfare on par with his juniors with all consequential benefits like arrears of the salary, seniority etc., and further direct the respondent to effect promotion to the post of Joint Director, B.C.Welfare by set aside the order in OA No.168/2006 dt.10/3/06 and pass such orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.RAJENDRA PRASAD Counsel for the Respondent : GP FOR SERVICES II The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :8107 of 2006 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal in O.A.No.168 of 2006, dated 10.3.2006. The petitioner herein is the applicant before the tribunal. He filed the above O.A. seeking to declare the action of the respondent in not considering his case for promotion to the post of Joint Director, B.C. Welfare as illegal and arbitrary and consequently, to direct the respondent to promote him as Joint Director of B.C. Welfare from the date of the promotion of his junior. The tribunal having observed that the DPC, which met on 21.3.2001 for effecting promotion to the post of Joint Director has considered the case of the applicant, but has passed over his case in view of the pendency of the disciplinary proceedings and the charge memo being issued to the applicant in January, 2001 and that the action of the respondent is valid, dismissed the O.A. Having aggrieved by the same, the present writ petition has been filed. Heard the learned Counsel for the petitioner as well as the learned Government Pleader and perused the material available on record. The learned Counsel for the petitioner submitted that even though the enquiry officer submitted his report, the respondent has not passed the order and the orders are yet to be passed. In view of the facts and circumstances of the case and in view of the submission that the enquiry report has already been submitted, without expressing any opinion on the merits of the case, We feel it appropriate to direct the respondent to pass final orders on or before 30th April, 2008. Subject to the above direction, the writ petition is disposed of. No order as to costs. _______________________ Justice T.Meena Kumari ___________________ Justice G.Chandraiah Date:11.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 8107 of 2006 (Order of Division Bench delivered by the Honourable Smt. Justice T.Meena Kumari) 11.3.2008