APHC010167242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8702/2025 Between: Bale Prasad Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents is not considering the case of the petitioner for promotion to the post of Panchayat Secretary Gr.ll on the ground that disciplinary action is pending is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the name of the petitioner for promotion to the post of Panchayat Secretary Gr.ll as per G.O.Ms.No.257, General Administration (SER.C) Department, Dated 10.06.1999 and to pass such other order or orders.…” 2. Heard Sri B.Vamsi Krishna, learned counsel for the petitioner and learned Government Pleader for Service-I appearing on behalf of the respondents. 3. A charge memo was issued by the 4th respondent vide Memo No.A1/e- 45691/2023-4, dated 29.11.2023, proposing departmental inquiry. Petitioner has submitted explanation refuting the said charges. The petitioner, who is currently working as Panchayat Secretary Grade-III, is stated to be eligible and qualified for promotion to the post of Panchayat Secretary Grade-II. However, due to the pendency of the disciplinary action, his promotion has not been considered. 4. Learned counsel for the petitioner submits that on earlier occasion notional seniority list was prepared in June, 2024, as petitioner’s name was 3 not placed in the list. Petitioner submitted representation dated 09.01.2024 to the respondents for consideration of the same, in view of pendency of disciplinary proceedings, his case was not considered. He also submits that once again, the respondents are contemplating promotions to the post of Panchayat Secretary Grade-II and as petitioner’s name now is at Sl.No.54, he seeks consideration of his case 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 Panchayat Secretary Grade-II 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 thereto, miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 04.04.2025 SNI 4 135 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8702/2025 Date: 04.04.2025 SNI