APHC010223892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11469/2024 Between: 1. B VENKATA RAMANA, S/O SESHANNA, AGED ABOUT 56 YEARS, WROKING AS ASSISTANT DIRECTOR OF HORTICULTURE, NOW ON DEPUTATION TO ANDHRA PRADESH MICRO IRRIGATION PROJECT AT BAPATALA, R/O BAPATIA, BAPATIA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS SPECIAL CHIEF SECRETARY, GOVERNMENT OF A.P. AGRICULTURE AND CO- OPERATION (VIG-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE COMMISSIONER OF HORTICULTURE, GOVERNMENT OFANDRHA PRADESH, GUNTUR, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the G.O.Ms.No.32 Agriculture and Co-Operation (VIG-I) Department dated 14-03-2024 of the 1st Respondent, imposing the penalty of withholding of two Annual Grade Increments without Cumulative effect to the petitioner, as arbitrary, illegal, non-application of mind, in violation of Principles of Natural Justice, and in violation of Article 14 of the Constitution of India and consequently set aside the G.O.Ms.No.32 Agriculture and Co- Operation (VIG-I) Department dated 14-03-2024 of the 1st Respondent and to pass such other order. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the G.O.Ms.No.32 Agriculture and Co-Operation (VIG-I) Department dated 14-03-2024 of the 1st Respondent, pending disposal of the above writ petition and to pass such other order. IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt.10.5.2024 in I.A.No.1 of 2024 in W.P.No.11469 of 2024 and dismiss the said Writ Petition and pass such other order. Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II WRIT PETITION NO: 23400/2025 Between: 1. B VENKATA RAMANA, S/O SESHANNA, AGED ABOUT 57 YEARS, WROKING AS ASSISTANT DIRECTOR OF HORTICULTURE, NOW ON DEPUTATION TO ANDHRA PRADESH MICRO IRRIGATION PROJECT AT BAPATLA, R/O BAPATLA, BAPATLA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS SPECIAL CHIEF SECRETARY, GOVERNMENT OF A.P.AGRICULTURE AND CO-OPERATION (VIG-I) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE COMMISSIONER OF HORTICULTURE, GOVERNMENT OF ANDRHA PRADESH, GUNTUR ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the G.O.Ms.No.35 Agriculture and Co-Operation (H and S) Department dated 26-08-2025 of the 1st Respondent, in differing the promotion of the petitioner to the category of Deputy Director of Horticulture for the panel year 2024- 2025 on the ground that disciplinary proceedings are pending against him , as arbitrary, illegal, non-application of mind, in violation of Principles of Natural Justice, and in violation of Article 14 and 16 of the Constitution of India and consequently direct the Respondents to consider the case of the petitioner for promotion to the category of Deputy Director of Horticulture on par with his juniors and promote him, by setting aside the G.O.Ms.No.35 Agriculture and Co-Operation (H and S) Department dated 26-8-2025 of the 1st Respondent and to pass such other order. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance of the G.O.Ms.No.35, Agriculture and Co-Operation (H&S) Department dated 26-8-2025 of the 1st Respondent pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.11469 of 2024 and 23400 of 2025 COMMON ORDER: 1. W.P.No.11469 of 2024 is filed to declare the G.O.Ms.No.32, Agriculture and Co-Operation (VIG-I) Department, dated 14.03.2024 issued by Respondent No.1, imposing penalty of withholding of two annual grade increments without cumulative effect to the Petitioner, as illegal and arbitrary. 2. W.P.No.23400 of 2025 is filed to declare the G.O.Ms.No.35, Agriculture and Co-operation (H&S) Department, dated 26.08.2025 issued by Respondent No.1, deferring promotion of the Petitioner to the category of Deputy Director of Horticulture for the panel 2024-2025 on the ground of pendency of disciplinary proceedings against the Petitioner, as illegal and arbitrary. 3. When the matter is taken up for hearing, learned counsel for the Petitioner Sri Subba Rao Korrapati submits that the disciplinary case initiated against the similarly placed employee with regard to the same charge, as framed against the Petitioner, was set-aside by this Court and further direction is given for consideration of his case for promotion vide Common Order, dated 02.05.2025 passed in W.P.Nos.10499 and 17970 of 2024 and the Petitioner in the present Writ Petitions is also entitled for the same relief and requested to pass similar order in these Writ Petitions also. Learned Government Pleader Sri K. Rama Koteswara Rao appearing for the Respondents also concedes for the same. 4. Recording the submissions made; (i) W.P. No.11469 of 2024 is allowed by setting aside the impugned order vide G.O.Ms.No.32, Agriculture and Co-operation (VIG-I) Department, dated 14.03.2024, issued by Respondent No.1 and the same is remanded back for reconsideration in accordance with law; (ii) W.P. No.23400 of 2025 is also allowed by setting aside the G.O.Ms.No.35, Agriculture and Co-Operation (H&S) Department, dated 26.08.2025, issued by Respondent No.1 and the Respondents are further directed to promote the Petitioner to the post of Deputy Director of Horticulture with effect from the date of promotion of his immediate juniors by granting appropriate notional seniority within a period of four (4) weeks from today; (iii) The Registry to attach a copy of the Common Order passed in W.P.Nos.10499 and 17970 of 2024, dated 02.05.2025 along with this order. (iv) No order as to costs. 5. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _________________ NYAPATHY VIJAY, J Date: 12.09.2025 IS THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.11469 of 2024 and 23400 of 2025 Date: 12.09.2025 IS