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2025 DAILYLAW 49096 (AP)

G.Govinda Swamy, v. The Andhra Pradesh state Road transport corporation,

WP/12878/2012 · 2025-02-17

Harinath N

body2025

Judgment text

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APHC010498032012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12878/2012 Between: G.govinda Swamy, ...PETITIONER AND The Andhra Pradesh State Road Transport Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P R V KADAMBARI Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) The Court made the following Order: There is no representation for the petitioner. 2. The learned Standing counsel for the respondent is present and submits that the petitioner is seeking a direction for promotion to the post of Security Assistant Sub-Inspector from the year 2006, on par with his juniors. 3. The petitioner has challenged the proceedings dated 16.08.2011 issued by the respondents, whereby he was permitted to the post of Security Assistant Sub-Inspector. The petitioner 2 contends that he ought to have been promoted to the said post on par respondents Nos.4 and 5, who were permitted in the year 2006. 4. The learned Standing counsel for the respondent submits that the petitioner was initially appointed as a Security Guard in the year 1976 and was later promoted to the post of Security Head Guard in the year 1986. The petitioner was involved in Crime No.8 of 2004 for the offences punishable under Sections 120(B), 307 of the IPC read with Section 34 of the IPC and Section 27 of the Arms Act, 1959 and Section 79(a) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. He was produced before the III Additional Magistrate, Tirupati and was remanded to the judicial custody for 15 days with effect from 17.01.2004 at Grade II Jail, Chittoor. The petitioner was also placed under suspension with effect from 11.02.2004 and was subsequently removed from service of the respondent corporation vide proceedings dated 17.07.2004. 5. However, the petitioner was acquitted by the III Additional Sessions Judge, Tirupathi in S.C.No.45 of 2007. Thereafter, upon submitting a review petition before the Vice-Chariman and Managing Director, and in pursuance of a direction passed by this Court in W.P.No.19733 of 2008, the petitioner was reinstated into 3 service and was subsequently posted to MPL 1/Depot on 30.10.2008. Respondents Nos.4 and 5 were promoted as Security Assistant Sub-Inspector on 24.05.2006. 6. It is submitted that for promotion to the post of Security Sub- Inspector, the Departmental Selection Committee follows specific criteria, which employees are required to meet. As the petitioner was facing a criminal case at the relevant time and had been removed from service, his name was not considered for promotion on par with respondent Nos.4 and 5. It is also submitted that the petitioner has since attained the age of superannuation. 7. Recording the same, the writ petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 18.02.2025 NKA 4 264 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.12878 of 2012 Date: 18.02.2025 NKA