IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12608 OF 2025 Between: 1. T. Mastanaiah, S/o. Narsaiah, Aged about 57 years, Occ: HWO Gr^ll, Govt., BC Boys Hostel, SPSR Nellore, R/o Nellore, SPSR Nellore District. 2. B. Suresh Babu, S/o B. Venkaiah, Aged bout 54 years, Occ: HWO Gr-ll, Govt., BC Boys Hostel, Mutukur, Nellore, SPSR Nellore District ...PETITIONERS AND 1. The District Collector and Magistrate, SPSR Nellore District. 2. The District BC Welfare and Empowerment Officer, SPSR Nellore District. 3. The Director of B.C. Welfare, A.P., Vijayawada, Krishna District. 4. The State of Andhra Pradesh, rep. by its Principal Secretary, BC Welfare Department Secretariat, Velagapudi, Guntur District. ...RESPONDENTS 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 one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioners for promotion to the post of HWO Gr-I, on the ground of pendency of ACB case vide FIR.No.10/2023 dt.21.11.2023 (2019 discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to consider the case of the issue) as illegal, arbitrary. ts Petitioners for promotion to the post of HWO Gr-I, without reference to the pendency of ACB case vide Crime No. 10/2023 G.Q.Ms.No.66 dt.30.01.1991 and as per the ratio of the orders of this Hon-ble Court in WP.No.6673/2025 dt.19.03.2025, from the date of their eligibility, with all service and monetary benefits. in accordance with lA 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 direct the Respondents to consider the case of the Petitioners for promotion to the post of HWO Gr-I without reference to the pendency of ACB case in Crime No. 10/2023 dt;21.11.2023, in accordance with G.O.Ms.No.66 dt:30.01.1991 and also as per the orders of this Hon'ble Court in WP.No.6673/2025 dt:19.03.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES II The Court made the following: ORDER APHC010252662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE SEVENTH DAY OF MAY TWG'THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12608/2025 Between: T Mastanaiah and another ...PETITIONER(S) AND 1 .The District Collector and Magistrate and Others Counsel for the Petitioner{S): 1.POODATTU AMARENDER Counsel for the Respondent(S): 1.GPFOR SERVICES II The Court made the following: ...RESPONDENT(S) ORDER: The present writ petition is filed seeking the following relief: “to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioners for promotion to the post of HWO Gr-I on the ground of pendency of ACB case vide FIR No. 10/2023 dated 21.11.2023 (2019 issue) as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, and consequently, direct the Respondents to consider the case of the Petitioners for promotion to the post of HWO Gr-I without reference to the pendency of ACB case vide Crime No. 10/2023 in accordance with G. O. Ms. No.66, dated 30.01.1991, and as per the ratio of the orders of this Hon’ble Court in W.P.No.6673/2025, dated 19.03.2025, from the date of their eligibility with all service and monetary benefits and pass ...” i CGR, J. W.P.No.12608 of 2025 2. Petitioners are working as Hostel Welfare Officers Grade-ll and are stated to be eligible for promotion to the post of Hostel Welfare have been arrayed as accused in Crime Officer Grade-1. Petitioners NO.10/RCO-ACB-NLR/2023 of ACB, Nellore Range. Nellore Police offences under Sections 7, 13(1)(a) Station, registered for the 13(2) of the Prevention of Corruption Act and under Section 120B of IPC. The investigation is stated to be pending and so far no r/w. Petitioners are now under zone of charge-sheet has been filed, consideration for promotion, however, in view of pendency of not being considered. In terms of aforesaid crime, their case is General Administration (Services.C) Department, has to be considered for the G.O.Ms.No.66 dated 30.01.1991, case of petitioners purpose of promotion, since no However, respondents charge-sheet has been filed so far. without regard to the said G.O., are not considering their case. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services-ll for the respondents, counsel for the petitioners placed reliance on the Bench of this Court in Transport 4. Learned common order of the Division Commissioner, Tr. R & B Department, Vijayawada v. Y. Veera "N CGR, J. W.P.No.12608 of 2025 wherein, the Division Bench of this Court Purnachandra Rao considered the effect of G.O.Ms.No.66, dated 30.01.1991 and necessary directions were issued to the respondents therein to consider the cases of the petitioners/respondents therein for promotion. Learned Assistant Government Pleader for Services-ll 5. appearing for the respondents does not refute the aforesaid submission, however, submits that the case of the petitioners will be considered in accordance with G.O.Ms.No.66, dated 30.01.1991. In view of the aforesaid submissions, without going into the merits of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the case of the petitioners for promotion to the post of Hostel Welfare Officers Grade-1, if petitioners are in zone of consideration in terms of G.O.Ms.No.66, G.A.D. (Services. C) Department, dated 30.01.1991. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. 6. Common Order, dt.03.07.2019, in W.P.No.2246 of 2019 & batch. (DB) (AP H.C.) Sd/- A. ViJAYA BABU ASSISTANT REGIS i RAR //TRUE COPY// SECTION OFFICER To, 1. The District Collector and Magistrate, SPSR Nellore District. 2. The District BC Welfare and Empowerment Officer, SPSR Nellore District. 3. The Director of B.C. Welfare, A.P., Vijayawada, Krishna District. 4. The Principal Secretary, BC Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 5.-One CC to Sri Poodattu Amarender, Advocate [OPUC] CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ' 6. ssb ii I HIGH COURT DATED:07/05/2025 ORDER I 2 8 MAY 2025 ' ^ . Curreni decuun WP.No.12608 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS