APHC010162602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8447/2025 Between: Mr. S. Shashavali ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SAZID KALLUR Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “ to issue an appropriate order or writ of Mandamus declaring the action of the Respondents in not considering case of Petitioner for promotion to the post of Deputy Executive Engineer at 2nd Respondent Corporation, which is highly illegal, unjust, arbitrary and contrary to law and violative of Principles of Natural Justice and contrary to Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to forthwith consider 2 CGR, J. W.P. No.8447 of 2025 the case of Petitioner for promotion to the next higher level post i.e., Deputy Executive Engineer as per G.O. Ms. No.257 General Administration (Ser.C) Department, dated 10.06.1999, and as per law without referring the pending Departmental proceedings vide G.O. Rt. No.16, Housing (Vig.Cell) Department, dated 12.02.2020, issued by the 2nd Respondent and pass….” 2. Heard Sri Sazid Kallur, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for the 1st respondent and Sri R.Kalyanachakravarthy, learned Standing Counsel, appearing for the respondents 2 and 3. 3. Petitioner initially joined as Work Inspector and later promoted as Assistant Engineer in the year 2008 and presently working as Deputy Executive Engineer (in-charge). Petitioner was issued charge memo vide G.O. Rt. No.16, Housing (Vig.Cell) Department, dated 12.02.2020, alleging that he had committed certain irregularities in construction of houses sanctioned under W.S.H.P. in collusion with beneficiaries, which necessitated initiation of departmental proceedings for contravention of Rule 3 of A.P. Civil Services (Conduct) Rules, 1964 r/w. A.P. State Housing Corporation Limited (Conduct) Rules, 1997. Petitioner submitted explanation refuting the said allegations. Enquiry Officer has submitted report, dated 06.05.2024, holding that charges are not proved and the matter is pending consideration. Petitioner is 3 CGR, J. W.P. No.8447 of 2025 stated to be eligible to be promoted to the post of Deputy Executive Engineer and while the exercise of such promotions is being undertaken, because of pendency of departmental proceedings, respondents are not considering his case. 4. Learned counsel for the petitioner submits that it would suffice to direct respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned standing counsel appearing for respondents 2 and 3, on instructions, would submit that the case of the petitioner will be considered in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of at the admission stage with the consent of both the learned counsel, directing the 2nd respondent to consider the case of the petitioner for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the 4 CGR, J. W.P. No.8447 of 2025 petitioner’s case is in the zone of consideration, whenever DPC is constituted. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:07.04.2025. Note: Issue C.C. within two days. B/O cs