IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6564 OF 2025 Between: I Sudhakara Babu, S/o. I.J. Kondaiah, Aged 60 years, Occ: Sanitary Inspector, YSR Tadigadapa Municipality, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration AND Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District 2. The Commissioner AND Director of Municipal Administration, State of A.P., Mangalagiri, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Municipal Commissioner Grade-Ill without reference to the charge vide G.O.Rt.No.70 Municipal Administration AND Urban Development (Vig.ll) Department dated 12.01.2024 (issue relating to the year 2021-22) in terms of G.O.Ms.No.257, General Administration Department 10.06.1999as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 AND 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner Municipal Commissioner Grade-Ill in terms G.O.Ms.No.257, General memo dated as im w i Administration Department, dated 10.06.1999 with all consequential benefits. [A NO: 1 OF 2025 t Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Municipal Commissioner Grade-Ill in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010126142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] Sh i'riiS MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6564/2025 Between: I Sudhakara Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue appropriate order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not considering the petitioner claim for promotion to the post of Municipal Commissioner Grade-Ill without reference to the charge memo vide G.O.Rt.No.70 Municipal Administration and Urban Development (VIg.ll) Department dated 12.01.2024 (issue relating to the year 2021-22) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination and contrary to sen/ice rules apart from violation of article 14, 16 & 21 of the Constitution of India and contrary to the orders of this Hon’ble Court and consequentially direct the respondents to promote the petitioner as i 2 Municipal Commissioner Grade-Ill in terms G.O.Ms.No.257 General Administration Department dated 10.06.1999 with all consequential benefits and pass such other order or orders...." 2. Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents. 3. A charge memo was issued 12.01.2024, vide G.O.Rt.No.70 Municipal Administration & Urban Development (Vig.ll) Department, to the petitioner framing three Articles of Charges. As per Annexure-I, Charges I & II are levied alleging that the petitioner while working as Sanitary Inspector in Kondapalli Municipality has issued challan without signature, collected amount from the Mango vendors unauthenticatedly without orders/proceedings of the Municipal Commissioner, Kondapalli and Charge-Ill is that he had exhibited lack of devotion to duty and conduct and showed negligence towards her legitimate duties thereby contravened Rule 3 of A.P.C.S (Conduct) Rules, 1964. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Municipal Commissioner Grade-Ill and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Government Pleader for Services-I did not refute the submissions of the learned counsel for the petitioner. 3 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Municipal Commissioner Grade- Ill in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Municipal Administration AND Urban Development Department, State of Andhra Pradesh, Secretariat Velagapudi, At Amaravathi, Guntur District The Commissioner AND Director of Municipal Administration, State of A.P., Mangalagiri, Guntur District. One CC to Sri T S N Sudhakar, Advocate [OPUC] Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. RAM i ** » HIGH COURT DATED:17/03/2025 I" 2 8 MAR 2025 § ^ . Currant ueciion ORDER WP.No.6564 of 2025 DISPOSING OF THE WP WITHOUT COSTS