APHC010208712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY EIGHT DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10826/2025 Between: Armugam Venkata Muni ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. R. SUDHA RANI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.10826 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:- “…issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not considering the case of the petitioner for promotion to the post of GSTO (Goods and Services Tax Officer) on the ground of pendency of departmental enquiry, despite lapse of eight years from the date of framing of charges as illegal, irregular, arbitrary and contrary to the provisions of AP Civil Service (CC and A) Rules 1991 and consequently direct the Respondents to consider the Representations of Petitioner dt 24-08-2024 and 11-12-2024 for promotion to the post of GSTO (Goods and Services Tax Officer) and to pass such other order or orders…” 2. Heard Ms R.Sudha Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner has been working as Senior Assistant at the office of Assistant Commissioner, Sri City, Guduru. Petitioner is due for promotion to the post of Goods and Services Tax Officer (GSTO). He was issued two charge memos, one came to be ultimately dropped by proceedings dated 19.02.2020. In so far as, other charge memo is concerned, inquiry has been concluded and the same is seized up with the Chief Commissioner. So far, no final decision has been taken on the same. Petitioner is stated to be within the zone of consideration for promotion. He filed W.P.No.30712 of 2022 to consider his case for promotion, which 3 HCGR, J W.P.No.10826 of 2025 came to be disposed of by this Court by an order dated 21.09.2022 directing the 6th respondent therein to dispose of the petitioner’s representation, within a period of four (04) weeks. However, no order has been passed. Petitioner is stated in the seniority list at Serial No.9, in terms of proceedings dated 24.08.2024. However, in view of pendency of aforesaid disciplinary proceedings, his case is not being considered. Later after effecting further promotions, now the respondents have once again prepared list of eligible candidates by proceedings dated 04.04.2025, as per which petitioner stands at Serial No.3. Petitioner apprehends that once again respondents would not consider his case, in view of pendency of disciplinary proceedings. Therefore, he preferred present writ petition. 4. Learned counsel for the petitioner submits that petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999, as the disciplinary proceedings are delayed, the same cannot be put against him for considering promotion. 5. Learned Assistant Government Pleader appearing for respondents would submit that the case of petitioner will be considered in terms of aforesaid G.O., if he is otherwise eligible and falling within the zone of consideration. 4 HCGR, J W.P.No.10826 of 2025 6. In view of aforesaid 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 case of petitioner for promotion as Goods and Services Tax Officer (GSTO), in terms of G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999, as and when vacancies arises. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 28.04.2025 KBN