IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.Nos.13857 AND 14953 OF 2011 Date:20.06.2011 W.P.No.13857 OF 2011:- Between:- B.Jaganmohan .. Petitioner And The Andhra Pradesh State Road Transport Corporation, Bus Bhavan, Musheerabad, Hyderabad, rep.by its Vice Chairman and Managing Director and others. .. Respondents And W.P.No.14953 OF 2011:- Between:- B.Jaganmohan .. Petitioner And The Andhra Pradesh State Road Transport Corporation, Bus Bhavan, Musheerabad, Hyderabad, rep.by its Vice Chairman and Managing Director and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.Nos.13857 AND 14953 OF 2011 COMMON ORDER: W.P.No.13857 of 2011 is filed to issue a writ of Certiorari calling for the records relating to the issuance of proceedings No.Ea/255(25)/2010-PD, dated 20.04.2011, from the file of respondent No.1 and after perusing the same, quash it by declaring it as arbitrary and illegal and for all other consequential benefits of monetary or otherwise. W.P.No.14953 of 2011 is filed to issue a writ of mandamus declaring the action of respondent No.1 in not considering the petitioner’s representation, dated 05.05.2011, as arbitrary and illegal and consequently direct the respondents to consider and pass appropriate orders on the said representation without insisting for disposal of W.P.No.13857 of 2011 and further direct respondent No.3 to continue the petitioner in the promoted post as Depot Manager, Puttur Depot, Chittoor District and for all other consequential benefits of monetary or otherwise. 2. The brief facts that are necessary for disposal of the present writ petitions may be stated as follows: The petitioner was promoted from the post of Asst.Engineer (Mechanical) to the post of Asst.Mechanical Engineer in respondent Corporation by proceedings dated 18.08.2009 and posted as Depot Manager, Puttur Depot, Chittoor District. He assumed the duties on 31.08.2009 and has been continuing in the promoted post. While he was working as Asst. Engineer (Mechanical) in Bhimavaram Depot, West Godavari District, he was awarded punishment of deferment of increment for a period of one year without cumulative effect on the allegation of dereliction of duties, and deferment of increment for a period of six months without cumulative effect on the allegation of missing of HSD oil from the buses of TPG Depot. Aggrieved by the order of punishments, he preferred appeals before the Regional Manager, West Godavari Region at Eluru, which were rejected and the order of rejection was communicated to him on 23.12.2010. Aggrieved by the said order, he preferred two Statutory Review Petitions, dated 14.02.2011, to the Executive Director of Vijayawada and Vizianagaram Zone, Hyderabad. While the matter was pending, respondent No.1 requested the Selection Committee to review his promotion to the post of Asst. Mechanical Engineer in August, 2009 and to delete his name from the panel. No notice or opportunity was given to him before placing his case before the Selection Committee. The Selection Committee mechanically accepted the proposal of respondent No.1 and reviewed his promotion made to the post of Asst.Mechanical Engineer and directed to delete his name from the approved panel on the basis of which, respondent No.1 issued a show cause notice dated 01.02.2011. He made a representation, dated 14.02.2011, to respondent No.1 that the statutory review petitions are pending and requested to drop further course of action or grant time till disposal of the review petitions. However, he made another representation, dated 21.03.2011, reiterating his request made to respondent No.1. By the impugned proceedings, dated 20.04.2011, his promotion was cancelled and was reverted to the lower post. He further made representation, dated 05.05.2011, to respondent No.1 requesting to reconsider his case for continuation in the promoted post as Asst.Mechanical Engineer but the same has not been considered. He completed the punishment period on 20.04.2010 and therefore, he is eligible for the promoted post on or after 21.04.2010. Respondent No.1 is not inclined to consider the said representation on the ground that W.P.No.13857 of 2011 is pending. Respondent No.3 is also not allowing him to discharge his duties. 3. Learned Counsel for the petitioner contended that the respondents themselves gave promotion to the petitioner and after lapse of two years, the impugned order has been passed so as to deny the benefits to the petitioner. The punishment period was over by 20.04.2010 and therefore, the petitioner is entitled for promotion from 20.04.2010 onwards. 4. On the other hand, learned Counsel for the respondents contended that the punishment of stoppage of one increment without cumulative effect has not been challenged by the petitioner purposefully and that after noticing the mistake committed by the Corporation in effecting promotion to the petitioner, after giving an opportunity to him, the same was cancelled. Therefore, the impugned order needs no interference by this Court. 5. It is not in dispute before this Court that as on the date of giving promotion to the petitioner for the post of Depot Manager, he was under punishment awarded by the disciplinary authority for certain irregularities. It is also not in dispute that the punishment given by the disciplinary authority expired by 20.04.2010. Thereafter, there is no impediment for considering the case of the petitioner for giving the promotion. Therefore, in all probabilities, the respondents ought to have considered the case of petitioner atleast from 20.04.2010 onwards. That has not been done so far. Therefore, the respondents are directed to consider the case of petitioner for promotion with effect from 20.04.2010 in accordance with law and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. However, it is made clear that the petitioner shall be posted as In Charge Depot Manager at Puttur till such time. 6. With the above direction, these Writ Petitions are disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 20th June, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.Nos.13857 AND 14953 OF 2011 Date:20.06.2011 AMD