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2025 DAILYLAW 15749 (AP)

G KRISHNA MURTHY v. The State of Andhra Pradesh,

WP/10295/2025 · 2025-04-22

Challa Gunaranjan

body2025

Judgment text

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APHC010202702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10295/2025 Between: G Krishna Murthy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.V MAHESWAR REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following prayer: “to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus challenging the action on the part of the respondents in not considering the claim of the petitioner for notional seniority in the cadre of Mandal Parishad Development Officer and 2 CGR, J W.P. No.10295 of 2025 the consequential promotion in the next higher category post of Divisional Development Officer (Dl.DO) despite the petitioner was assigned the notional seniority in the cadre of the Superintendent with retrospective effect from 07.03.2000 as illegal, arbitrary and being violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to consider the claim of the petitioner for promotion to the cadre of Divisional Development Officer duly assigning the notional date of seniority and promotion in the cadre of Mandal Parishad Development Officer in the process of implementing the G.O.Rt.No.469, Dt.02.09.2021 and pass such other orders.” 2. Heard Sri M.Ramalingeswara Reddy, learned counsel, representing on behalf of Sri V.Maheswar Reddy, learned counsel for petitioner on record, learned Assistant Government Pleader for Services – I appearing for the respondents 1 and 2 and Smt.B.V.Aparna Lakshmi, learned standing counsel, appearing for 3rd respondent. 3. Petitioner was initially appointed as Village Development Officer in the year 1989. Later, he came to be promoted as Village Development Officer Grade-I. Petitioner claims to be eligible for promotion to the cadre of Superintendent as against 10% quota, however, he was not timely promoted in the said 3 CGR, J W.P. No.10295 of 2025 cadre and ultimately, came to be promoted as Superintendent in the year 2004. Petitioner claiming for notional seniority, approached the 1st respondent Government. After considering the representation of petitioner, the 1st respondent by G.O.Rt.No.469, Panchayat Raj & Rural Development (E.IV) Department, dated 02.09.2021, accorded notional seniority in the cadre of Superintendent with retrospective effect from 07.03.2000 in terms of G.O.Ms.No.78, dated 07.03.2000. Consequently, proceedings came to be issued by 2nd respondent vide U.O.Note No.438564/CPR&RD/C-1/2022, dated 24.11.2022, by placing petitioner at S.No.56A in the inter se seniority list of Superintendents. However, no further steps were taken for giving effect to the same. Petitioner has submitted representation to 1st respondent on 27.09.2024 for consideration of his claim for assignment of notional seniority with retrospective effect. Petitioner is stated to be due for further promotion to the post of Deputy Divisional Development Officer and therefore, he has yet again made another representation dated 18.02.2025 to 1st respondent. As respondents have not acceded to petitioner’s request or considered the said representations, petitioner has preferred the present writ petition. 4 CGR, J W.P. No.10295 of 2025 4. Learned counsel for petitioner submits that it would suffice to direct respondents to consider and dispose of the representations made to respondents 1 and 2. 5. Learned Assistant Government Pleader for Services – I submits that the request of petitioner, in terms of petitioner’s representations, will be considered in accordance with law. 6. In view of the aforesaid submissions, without expressing any opinion on the merits of the matter, with the consent of both learned counsel, this writ petition is disposed of directing the respondents 1 and 2 to consider the petitioner's representations dated 27.09.2024 and 18.02.2025 for implementing the seniority w.e.f. 07.03.2000 in terms of G.O.Rt.No.469, Panchayat Raj & Rural Development (E.IV) Department, dated 02.09.2021 and pass appropriate speaking order expeditiously preferably within a period of eight weeks, strictly in accordance with law. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 22.04.2025 SS