APHC010162202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8474/2025 Between: Nelapati Durga Prakash ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KALAKOTI SUNIL KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 W.P.No.8474 of 2025 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 2nd Respondent in not allowing the Petitioner to join in the post of Assistant Pointsman in Level-1 of 7th CPC in Operating Department, Guntur Division, South Central Railway in pursuance of the temporary appointment proceedings SCR/P.GNT/110/T-14/Appt. dt.07.02.2025 as being illegal, arbitrary, discriminatory and in violation of Articles 14, and 16 of the Constitution of India, and in violation of principles of natural justice and Consequently direct the 2nd Respondent to allow the Petitioner to join in the post of Assistant Pointsman in Level-1 of 7th CPC in Operating Department, Guntur Division, South Central Railway in pursuance of the temporary appointment proceedings SCR/P.GNT/110/T-14/Appt. dt. 07.02.2025 and pass such other order or orders.…” 2. Heard Sri K.Sunil Kumar, learned counsel for the petitioner and Ms. Divya Datla, learned counsel for respondents. 3. The petitioner was offered the post of Assistant Pointsman in Operating Department, Guntur Division, South Central Railway, at Level-1 of 7th CPC, on Compassionate grounds, as the petitioner’s father died in harness during employment. After issuance of aforesaid offer by proceedings dated 07.02.2025, during the course of enquiry, the respondents have come to know that the petitioner got involved and arrayed as accused in Crime No.178 of 2023 of Phirangipuram Police Station, Guntur District, dated 07.11.2023, for the offences punishable under Sections 376(2)(i),(l)(n), 354C, and 3 W.P.No.8474 of 2025 506 r/w 34 of the Indian Penal Code, 1860 and Sections 6 r/w 5(k) r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012. The grievance of the petitioner is that though the offer letter came to be issued, and inspite of his acceptance, he is not allowed to join in the said post. The petitioner submitted request dated 17.03.2025, to the Senior Divisional Personnel Officer, Railway Department, Guntur Division, requesting to extend the joining date, which is stated to be pending consideration. 4. Ms. Divya Datla, learned counsel appearing for respondents on instructions submits that petitioner has been found to be involved in a crime having serious ramifications and the respondents are yet to take final decision in view of subsequent developments. 5. In view of the above submissions, with the consent of both the learned counsel, the Writ Petition is disposed of, at the admission stage, directing the respondents to consider the petitioner’s request dated 17.03.2025 and pass appropriate orders, strictly in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 03.04.2025 KBN 4 W.P.No.8474 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 93 WRIT PETITION NO: 8474/2025 Date: 03.04.2025 KBN