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Judgment
The Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Deputy Executive Engineer on the ground of pendency of disciplinary proceedings vide Proceedings vide G.O.Rt.No.128, dated 21.08.2025, as illegal and arbitrary.
The Petitioner has been working as Assistant Executive Engineer Since 2008. It is stated that now he is eligible and qualified for promotion to the post of Deputy Executive Engineer. While so, a Charge Memo was issued to the Petitioner vide proceedings dated 21.08.2025, making certain allegations.
It is stated that after serving the above Charge Memo, the Petitioner submitted the Statement of Defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Deputy Executive Engineer is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed.
Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Deputy Executive Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999.
Accordingly, the Writ Petition is disposed of with following directions:
The Respondents are directed to consider the Petitioner’s case for promotion to the Deputy Executive Engineer subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.
There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.