APHC010125712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6673/2025 Between: K.V.S.N. Kumar ...PETITIONER AND The State of A.P. and another ...RESPONDENT(S) Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “ to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground of pendency of ACB case vide Cr No 12/RCA-ACB- VSP/2021, dated 19.11. 2021, as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to consider the case of the Petitioner for promotion to the post of Superintending Engineer without reference to the pendency of ACB case vide Crime No. 12/2021 in accordance with G. O. Ms. No. 66, dt 30.01.1991, and also as per the ratio of the orders of this Honble Court in W.P. No.2246/2019, dt.03.07.2019 and batch and also orders in W.P. 2 No.5980/2024, dated 14.03.2024, from the date of his eligibility with all service and monetary benefits and to pass..” 2. Petitioner is presently working as Executive Engineer and he is due for promotion to the post of Superintending Engineer. Petitioner has been arrayed as an accused in Crime No.12/RCA-ACB- VSP/2021, dated 19.11.2021, registered for the offences punishable under Sections 13(1)(b) r/w.13(2) of the Prevention of Corruption (Amendment) Act, 2018, for possessing disproportionate assets and the same is pending investigation. So far, no charge-sheet is filed. Respondents have prepared seniority list by Memo., dated 11.11.2024, as per which, petitioner is shown at Sl.No.11 in respect of Executive Engineers, who are allotted to State of Andhra Pradesh post bifurcation and he is under zone of consideration for promotion, however, because of pendency of criminal case, his candidature is not being considered. In terms of G.O.Ms.No.66, General Administration (Services.C) Department, dated 30.01.1991, case of petitioner has to be considered for the purpose of promotion, since no charge-sheet has been filed so far. However, respondents without regard to the said G.O., are not considering his case. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-II for the respondents. 3 4. Learned counsel for the petitioner placed reliance on the common order of the Division Bench of this Court in Transport Commissioner, Tr. R & B Department, Vijayawada v. Y. Veera Purnachandra Rao1, wherein, the Division Bench of this Court considered the effect of G.O.Ms.No.66, dated 30.01.1991 and necessary directions were issued to the respondents therein to consider the cases of the petitioners/respondents therein for promotion. 5. Learned Assistant Government Pleader for Services-II appearing for the respondents placed on record written instructions, dated 18.03.2025, inter alia, stating as follows: “5. In order to comply the above said orders, Review Departmental Promotion Committee (DPC) has been conducted and Smt.B.Vasantha (ST), Executive Engineer was promoted notionally as Superintending Engineer for the panel year 2020-21 based on her Special Assessment Report, relevant records and other material papers and posted as Deputy Chief Engineer, TW, Vijayawada duly reverting the petitioner as Executive Engineer vide G.O.Rt. No.9, dated 31.01.2025. 6. It is further informed that there are two (2) sanctioned posts of the Superintending Engineer (SE) in the TW Engineering Department. The said posts have been filled by this Department duly conducting DPC and Review DPC as mentioned in above paras. At present there is no vacancy in the category of Superintending Engineer.” 1 Common order, dt.03.07.2019, in WP No.2246 of 2019 & batch. (DB) (AP H.C.) 4 6. In view of the aforesaid written instructions, without going into the merits of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the case of the petitioner for promotion to the post of Superintending Engineer, if petitioner is in zone of consideration in terms of G.O.Ms.No.66, G.A.D. (Services. C) Department, dated 30.01.1991. 7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:19.03.2025. cs