IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 25269 of 2005 Between: 1 The Principal Secretary to Government, Labour Employment, Training Factories Dept., A.P. Secretariat, Hyderabad. 2 The Chairman, Industrial Tribunal cum Presiding Officer, Labour Court, Guntur. ..... PETITIONER(S) AND Sri V. Sri Venugopal Rao, Industrial Tribunal cum Labour Court, Guntur, R/o. 2nd Lane, Pattabhipuram, Guntur, Guntur District. .....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 an appropirate writ order or direction more particualrly in the nature of writ of certiorari, calling for the records relating to and connected with the order dt. 11.8.2005 in O.A.7809/2001 of the Andhra Pradesh Administrative Tribunal and to quash the same by declaring the order contrary to law, erribeiys and illegal and to pass. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.V.VENUGOPALA RAO The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.25269 of 2005 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled by the Government of Andhra Pradesh seeking to quash the order dated 11-08- 2005 passed in O.A.No.7809 of 2001 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The respondent herein ﬁled the above O.A. challenging the proceedings dated 12-10-2001 denying the promotion of Superintendent in the regular cadre on the ground that disciplinary proceedings and criminal cases are pending against him. It is the case of respondent that he was placed In-charge Superintendent from 01-07-1993 onwards, but was not given promotion as Superintendent in the regular post even though there was a vacancy. The Tribunal after considering the rival contentions, held that the respondent is entitled to regular promotion as Superintendent with eﬀect from 01-07-1993 till the date of his retirement on 31-03-2001, with all monetary beneﬁts. Aggrieved thereby, the Government filed this writ petition. 3. Heard learned Government Pleader for Services-I and learned counsel appearing for the respondent and perused the record. 4. The only objection of the Government is that the respondent was facing disciplinary proceedings and criminal charges and as per G.O.Ms.No.424 GAD, dated 25- 05-1976, no employee is eligible for promotion with notional beneﬁts unless he is fully exonerated of the charges levelled against him. 5. It is brought to our notice that the Government vide G.O.Ms.No.21, Labour, Employment, Training and Factories Department, dated 21-04-2008 had decided to withdraw the prosecution against the respondent herein and accordingly action was taken, and that the departmental proceedings have also been dropped vide G.O.Ms.No.21 dated 05-03-2003 after his retirement from service. 6. Admittedly, the respondent had been placed as in-charge Superintendent from 01-07-1993 and discharged the duties of a Superintendent till he retired from service on attaining the age of superannuation on 31-03-2001. The respondent was not given promotion as regular Superintendent on the ground that disciplinary and criminal proceedings were pending against him, but the same were dropped subsequently. In case the respondent was cleared oﬀ the charges, he would have become eligible for promotion as Superintendent. However, he was put in- charge of the post of Superintendent and discharging the duties as such till his retirement. Therefore, the Tribunal rightly held that the respondent is entitled to regular promotion as Superintendent, thereby he is entitled to all the retiral beneﬁts as applicable to that post. Apart from this, it is clear from the aforesaid GOs that criminal and disciplinary proceedings against the respondent have been dropped and he is exonerated of the charges levelled against him. In the circumstances, the respondent is entitled to regular promotion as Superintendent with eﬀect from 01-07-1993 till the date of retirement on 31-3-2001, with all monetary and consequential benefits. 7. Subject to above, the writ petition is disposed of. No order as to costs. ___________________________ GHULAM MOHAMMED, J. __________________________ G.BHAVANI PRASAD, J. 24-09-2008 bsc