Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 18805 (AP)

NUNNA VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/13071/2025 · 2025-05-08

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) >>'-T rv ■ ■/ FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE 1 \ : ■ • V •. --r ■j H f- ■A 'v PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13071 OF 2025 Between: Nunna Venkateswara Rao, S/o Subbarao, Aged about 61 Years, Occ; Extension Officer (PR & RD), O/o Mandal Praja Parishat Office Kruttivennu Mandal, Krishna District R/o Gudivada village & Mandal Krishna District, Andhra Pradesh-521301 j ....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, Krishna District at Machilipatnam. 5. The District Panchayat Officer, Krishna District at Machilipatnam. 6. The District Collector, Eluru District at Eluru. 7. The District Panchayat Officer, Krishna District at Machilipatna j m. / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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 the respondents is not considering the case of the petitioner for promotion to the next higher post on the ground that disciplinary action is pending is wholly illegal, arbitrary and violative of Articles 14,16 and 21 of the Constitution of India and consequently 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. 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 representation dt.24-03- 2025, for promotion to the post of MPDO 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: APHC010259492025 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: 13071/2025 Between: ...PETITIONER Nunna Venkateswara Rao AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.B VAMSI KRISHNA Counsel for the Respondent: 1.GP FOR SERVICES I 2 HCGRJ W.P.No.13071 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 the respondents is not considering the case of petitioner for promotion to the next higher post on the ground that disciplinary action is pending is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently 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 and pass such other order or orders....” Heard Sri B.Vamsi Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for 2. respondents. Petitioner, who is working as Extension Officer, has been issued charge memo dated 17.02.2014 on certain allegations. Petitioner has submitted explanation refuting aforesaid charges. The Inquiry Officer submitted report holding that charges against the petitioner are proved. Thereafter, the 1®' respondent issued memo dated 04.04.2025, enclosing copy of report and called upon the petitioner to submit explanation. Petitioner has submitted explanation refuting aforesaid allegations. Hov/ever, so far, the inquiry has not reached the logical conclusion. Petitioner is stated to be within zone of ponsideration for promotion to the post of Mandal 3. 3 HCGR.J W.P.No.13071 of 2025 Parishad Development Officer (MPDO) as per seniority and eligibility list prepared on 03.03.2025 and he stood at serial No.24. He is stated to be due for superannuation on 30.06.2025. 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 17.02.2014, in terms of G.O.Ms.No.257, General Administration (Services-lll) Department, dated 10.6.1999. 4. 5. Learned .Assistant Government Pleader did not refute the said submission. Having regard to the facts and circumstances, without going into merits of the matter, with the consent of both the learned 6. 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. TATARi^ registrar Officer //TRUE COPY// ^ DEPU1 ! SEC \ To, Government, Panchayat Raj and Rural Secretariat, Velagapudi, Amaravati, Guntur 1. The Principal Secretary to Development Department n'lQtrir.t 2. The Commissioner, Panchayat Raj Department, Pathuru Road, Tadepalli, Guntur District - 522501 3. The Director, Panchayat Raj and Rural Development Pathuru Road, Tadepalli, Guntur District - 522501 4. The District Collector, krishna District at Machilipatnam. 5. The District Panchayat Officer, Krishna District at Machilipatnam. 6. The District Collector, Eluru District at Eluru. 7. The District Panchayat Officer, Krishna District at 8. One CC to SRI. B VAMSI KRISHNA Advocate [OPUC] 9. Two CCS to GP for SERVICES I,High Court Of Andhra 10. Three CD Copies and Rural Development Department Machilipatnam. Pradesh. [OUT] vns HIGH COURT DATED:09/05/2025 5 1 n JUN 2025 B ^ Cumnt Saciion ORDER WP.No.13071 of 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS