Extracted from the PDF above. The PDF is authoritative.
APHC010153572025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8429/2025 Between: Kotha Ramesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):
1. GP FOR SERVICES II
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 inaction of the respondents in considering the representation of the petitioner dated 20.05.2024 for promotion to the post of Junior Assistant in the existing vacancies of the 5th respondent as arbitrary illegal and violative of the A.P.General Subordinate Service Rules and consequently direct the Respondents to consider and dispose of the representation dated 20.05.2024 forthwith and pass such other order or orders.…”
2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing on behalf of the respondents.
3. Petitioner was initially appointed as driver for respondent No.4 on 01.01.1994 and as he completed his service for more than 25 years, a representation was made to promote him as Junior Assistant. Respondent No.2 vide proceedings dated 30.06.2022 issued orders appointing him as Junior Assistant on temporary basis before Deputy Director of Social Welfare, SPSR Nellore. However, subsequently, by proceedings dated 01.12.2022, respondent No.3 has reverted the petitioner from the post of Junior Assistant to Driver and directed to relieve immediately and report at District Social Welfare and Empowerment Office, SPSR Nellore. Thereafter, petitioner submitted a representation to reconsider the issue, basing on which,
respondent No.2 addressed a letter dated 15.09.2023 to respondent No.3 for reconsidering the case of the petitioner for promotion to the post of Junior Assistant and submit report. As there was no further progress, petitioner submitted yet another representation dated 20.05.2024 to respondent No.3, which is stated to be pending consideration.
4.
Learned counsel for the petitioner submits that it would suffice to direct respondent No.3 to consider and pass appropriate orders on petitioner’s representation.
5. Learned Assistant Government Pleader has placed on record the written instructions which state that respondent No.3 is not competent authority to consider the request of the petitioner as the post of Junior Assistant to which petitioner claims promotion is falling under the purview of District Collector, Prakasam, and further that as of now, there were no vacancies within the office of the District Social Welfare and Empowerment Office, SPSR Nellore.
6. Since the petitioners request is only to consider the representation made in view of report called for by respondent No.2 by letter dated 15.09.2023, without expressing any opinion on the merits of the matter, the writ petition is disposed by directing respondent No.3 to consider and pass appropriate orders pursuant to the petitioner’s representation dated 20.05.2024 within a period of four (04) weeks in accordance with law.
7. Accordingly, the Writ Petition stands disposed of. There shall be no
order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________
JUSTICE CHALLA GUNARANJAN
Date: 02nd April, 2025
RKS