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2025 DAILYLAW 18754 (AP)

M NAGI REDDY v. THE STATE OF AP

WP/13084/2025 · 2025-05-08

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ij k1 0 w. PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13084 OF 2025 Between: M Nagi Reddy, S/o Subba Reddy, Aged about 60 Years, Occ Extension Officer (PR and RD), O/o Mandal Praja Parishad Office, Jangareddygudem Mandal, Eluru Dist R/o D. No. 16/128, Sri Anitha Nilayam, Satyanarayanapuram, Gudivada village and Mandal, Krishna District, Andhra Pradesh-521301 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. . The Commissioner, Panchayat Raj and Rural Development Department Pathuru Road, Tadepalli, Guntur District - 522501 3. The Director, Panchayat Raj and Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501 4. The District Collector, Eluru District at Eluru. 5. The District Panchayat Officer, Eluru District at Eluru. 6. The District Panchayat Officer, Krishna District at Machilipatnam. 7. The Mandal Parishad Development Officer, Mandal Praja Parishad Peddaparupudi ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not granting promotion issued vide Procgs.No.898903/CPR&RD/A1/2018, dt. 27.05.2023 which is wholly improper, illegal, arbitrary and also violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to confirm the promotion issued vide Procgs.No.898903/CPR&RD/A1/2018, dt. 27.05.2023 along with seniority and all consequential benefits. 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 name of the petitioner for promotion to the next higher post as per G.O.Ms.No.257, General Administration (SER.C) Department, Dated 10-06-1999. Counsel for the Petitioner: SRI. B VAMSI KRISHNA Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order: APHC010259442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13084/2025 Between: ...PETITIONER M Nagi Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.BVAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGRJ W.P.No.13084 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:- "...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not granting promotion issued vide Procgs.No.898903/CPR and RD/A1/2018, dt. 27.05.2023 which is wholly improper, illegal, arbitrary and also violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to confirm the promotion issued vide Procgs.No.898903/CPR& RD/A1/2018, dt.27.05.2023 along with seniority and all consequential benefits and pass such other order or orders....” Heard B.Vamsi Krishna, learned counsel for the petitioner and 2. learned Assistant Government Pleader for Services-! for respondent Nos.1 to 6 and learned Standing Counsel for respondent No.7. Petitioner has been granted promotion to the post of Mandal 3. Parishad Development Officer (MPDO) on adhoc basis vide proceedings No.898903/CPR&RD/A!/2018, dated 27.05.2023. However, as petitioner was on leave, he had not immediately take benefit such adhoc promotion. After he return from long leave, he has been posted as Extension Officer by proceedings dated 31.01.2024, rather than posting him as MPDO. Meanwhile, petitioner has been issued charge memo No.1829333/CPR&RD/B!/2022, dated 04.07.2023 on certain irregularities, for which, petitioner submitted explanation refuting aforesaid charges and the same is stated to be pending. In view of pendency of said proceedings. 3 HCGRJ W.P.No.l3084of2025 though petitioner was initially promoted as MPDO on adhoc basis, aforesaid proceedings have not been implemented thereafter. 4. Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider the case of the petitioner for promotion to the post of MPDO, without reference to the Charge Memo dated 04.07.2023, in terms of G.O.Ms.No.257, General Administration (Services-lll) Department, dated 10.6.1999. 5. Learned Assistant Government Pleader did not refute the said submission. 6. Having regard to the facts and circumstances, without going into merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the stage of admission, directing the respondents to consider the case of the petitioner for promotion to the post of MPDO, in terms of G.O.Ms.No.257, dated 10.6.1999. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO REdsTRAR SECTION OFFICER //TRUE COPY// DEPU To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development Department Pathum Road. Tadeoalli. Guntur District - 522501. 3. The Director, Panchayat Raj and Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501 4. The District Collector, Eluru District at Eluru. 5. The District Panchayat Officer, Eluru District at Eluru. 6. The District Panchayat Officer, Krishna District at Machilipatnam. 7. The Mandal Parishad Development Officer, Mandal Praja Parishad, Peddaparupudi 8. One CC to Sri. B Vamsi Krishna, Advocate [OPUC] 9. Two CCs to GP for Services I ,High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies vna HIGH COURT DATED:09/05/2025 5 1 It JUN 2025 S ^ . Cunent Secuon ^tSesPATC*!^^ ORDER WP.No.13084of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS