© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
The Telangana High Court Wednesday granted an interim stay on a government order concerning the promotion of an employee who wished to opt out of a new posting.
A division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin was dealing with a writ appeal in which the appellant and another person were denied relief, while four others in the same original petition were granted relief.
The appellant, formerly a professor and head of the department of ophthalmology at Gandhi Medical College, Secunderabad, was promoted to the post of principal at Government Medical College, Mahabubabad, under the contested government order dated July 7.
In the original writ petition, where the appellant had been one of the petitioners (No. 3), the writ court had set aside the promotion order for four other petitioners (No. 2, 4, 5, and 6) but denied the benefit of opting out to the appellant and one other petitioner (No. 1).
The lower court denied the benefit on the ground that the respondents (the state) had proven “the element of public interest” was involved, as the appellant’s services were “required in the newly established Medical Colleges to get over the inspections of the National Medical Commission”.
The appellant contended that he opted out of the promotion to principal, Government Medical College, Mahabubabad, within the permissible 15 days, as allowed by Rule 11(b) of the State & Subordinate Service Rules, 1996.
His counsel further contended that the rule itself “does not incorporate any such ground of public interest to save the action on the part of the respondent-state” to prevent an employee from opting out in this manner.
The state mentioned Rule 28 (relinquishment of rights), where the appointing authority may permit relinquishment if it is not opposed to public interest, but conceded this plea was not taken before the writ court.
However, the high court distinguished the state’s main case reference, noting that the present matter “relates to promotion where Rule 11(b) of the Rules specifically provides for opting out of such promotion” within 15 days of issuance of the government order.
Ultimately, given the clear operation of Rule 11(b), the court concluded that the appellant was permitted to opt out. The bench granted an interim stay, noting that the same benefit had been granted to the other four petitioners. The case has been listed for a final hearing on November 27.
