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2025 DAILYLAW 20368 (AP)

S VINAY PRASAD v. The State of Andhra Pradesh,

WP/14410/2025 · 2025-06-18

Challa Gunaranjan

body2025

Judgment text

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1 APHC010285472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14410/2025 Between: S Vinay Prasad ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioners case for promotion to the post of Assistant Director/ Assistant City Planner at 2nd Respondent Directorate of Town and Country Planning which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd Respondent to forthwith consider Petitioner's case promotion to next level cadre post of Assistant Director/ Assistant City Planner as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide G.O.Rt.No.356 Dated 25.4.2025 of 1st Respondent and to pass such.…” 2. Heard Sri S.Srininvasa Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Service-I. 3. Petitioner who is working as Town Planning Officer has been initiated with common disciplinary proceedings vide G.O.Rt.No.356 dated 25.04.2025 on the allegations that they have committed certain irregularities in the approval of building plans, tax collections and permitting unauthorized constructions. The disciplinary proceedings have resulted in an enquiry, enabling the petitioner to submit his statement and participate in such enquiry. That being so, the respondents have now initiated the process of promotions to the post of Assistant Director/Assistant City Planner. Petitioner is stated to be eligible and falling under the zone for consideration for promotion. 3 However, in view of initiation of aforesaid common disciplinary proceedings, his case is not being considered for promotion. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Assistant Director/Assistant City Planner and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Government Pleader for Services-I did not refute the submissions of the learned counsel for the petitioner. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 19.06.2025 MH 4 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 14 WRIT PETITION NO: 14410/2025 Date: 19.06.2025 MH