APHC010207202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10439/2025 Between: P Raghava Rao ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S SRINIVASA RAO 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 in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioner’s case for promotion to the post 2 CGR, J W.P. No.10439 of 2025 of Town Planning Officer at 2nd Respondent Directorate of Town Country Planning which is highly illegal, unjust arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd Respondent to forthwith consider Petitioner’s case promotion to next level cadre post of Town Planning Officer as per GO Ms.No.257, General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide GO Rt No.337 Dated 14.3.2007 of 1st Respondent and to pass such other orders.” 2. Heard Sri S.Srinivasa Rao, learned counsel for petitioner and learned Assistant Government Pleader for Services - I appearing for the respondents. 3. Petitioner, while working as Town Planning Supervisor, has been issued charge memo vide G.O.Rt.No.337, Municipal Administration & Urban Development (E1) Department, dated 14.03.2007, by framing 4 Articles of Charges. Petitioner submitted explanation on 09.04.2007 refuting the same. However, the enquiry is stated to be still going on and it has not been concluded. Petitioner is entitled to be considered for promotion to the post of Town Planning Officer, however, under 3 CGR, J W.P. No.10439 of 2025 the guise of pendency of disciplinary proceedings, his case is not being considered for the said promotion. The respondents are now in the process of undertaking promotion by constituting DPC to the post of Town Planning Officer. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Town Planning Officer and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion 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, this 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 Town Planning Officer in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is in the zone of consideration 4 CGR, J W.P. No.10439 of 2025 and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 23.04.2025 SS