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2025 DAILYLAW 11886 (AP)

M RAMA SRINIVAS v. THE STATE OF ANDHRA PRADESH

WP/7607/2025 · 2025-03-26

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI ^ (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN ^ WRIT PETITION NO: 7607 OF 2025 Between: M Rama Srinivas, S/o M. Ghantaiah, Aged 54 years, Senior Assistant, O/o the Tahsildar, Mudinepalli, Eluru District, R/o 8-207, Gowrishankarpuram, Gudivada, Krishna District, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Special Chief Secretary Revenue Department, Secretariat Building Velagapudi, Amaravati Guntur District. 2. The Chief Commissioner of Land Administration Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The District Collector, Krishna District at Machilipatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, order or direction more particularly in the nature of writ of Mandamus declaring the action of the 3rd respondent in not considering the case of the petitioner for promotion to the post of Deputy Tahsildar in the light of G.O.Ms.N^57, Dt.10.06.1^ is illegal arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the 3rd respondent to consider the case of y may one the petitioner for promotion to the post of Deputy Tahsildar in the light of. G.O.Ms.No.257, Dt.10.06.1999 -r lA NO: l bF2025 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 3rd respondent to consider the case of the petitioner for promotion to the post of Deputy Tahsildar in the light of G.O.Ms.No.257, Dt.10.06.1999, pending disposal of this writ petition A Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI ^ Counsel for the Respondents No.1 to 3: GP FOR SERVICES I The Court made the following: Order APHC010139232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7607/2025 Between: ...PETITIONER M Rama Srinivas AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent{S): 1.GP FOR SERVICES I 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in not considering the case of the petitioner for promotion to the post of Deputy Tahsildar in the light of G.O.Ms.No.257 Dt10.06.1999 is illegal arbitrary and violative of Articles 14 16 and 21 of the Constitution of India and consequently direct the 3rd respondent to consider the case of the petitioner for promotion to the post of Deputy Tahsildar in the light of G.O.Ms.No.257 Dt.10.06.1999 and pass such other order or orders....” Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf 2. of the respondents. The petitioner was appointed as Village Administrative Officer in the year 1995 and later has been promoted as Senior Assistant and is working in the said post. He was issued a charge memo dated 13.12.2021 alleging that he submitted false report to the Tahsildar with respect to fish tanks. Petitioner submitted explanation to the same and later Enquiry Officer has been appointed and the enquiry is pending. Petitioner is entitled to be considered for promotion to the next post of Deputy Tahsildar and even in the Seniority ■k i list published on 07.11.2020, the petitioner was shown at serial No.60, however, due to pendency of the disciplinary proceedings, his candidature was not considered. Now, once again respondents are in process of 3. undertaking promotions to the post of Deputy Tahsildar, therefore, the petitioner made a representation dated 18.01.2025 to respondent No.3 requesting to consider his case for promotion without reference to the pending disciplinary proceedings. 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 Deputy Tahsildar 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. 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 Deputy Tahsildar 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. ■40 Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, I Special Cl^ Department, District. Prades^®M?ngaTgirGm°/urW^^^^ 3. The District Coiiector, Krishna D'iSWct 4. One CC to SRI of Andhra at Machilipatnam. BETHAPUDI Advocate [OUT?^^ ^ SERVICES fOPUC] High Court of Andhra Pradesh 6- Three CD Copies gsg HIGH COURT DATED: 26/03/2025 ORDER ands^ * 2! MAR 2025 ^ . Current Section ^ . o\ WP.No.7607 of 2025 & Co!' DISPOSING THE WP WITHOUT COSTS