APHC010200512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10023/2025 Between: 1. GODAVARI GOPAL, S/O. SUBBA RAO AGED ABOUT 59 YEARS, OCC EXECUTIVE ENGINEER, WORKING AT QUALITY CONTROL DIVISION, WATER RESOURCES DEPARTMENT VIJAYAWADA , NTR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (SERVICES-LL) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF ADMN, WATER RESOURCES DEPARTMENT, GOVERNMENT ANDHRA PRADESH, VIJAYAWADA NTR DISTRICT. ...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 toplease to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, A.declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground of pendency of stay orders, vide Memo No.RC/ENC/ B2/ WP4121 /2025, dated 04.04.2025, while simultaneously granting ad hoc promotions to 2 others in the year 2025, as illegal, arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, and setting aside the Memo No.RC/ENC/ B2/WP4121 /2025, dated 04.04.2025, B.Declaring that the Petitioner is entitled for adhoc promotion to the post of Superintending Engineer on par with the other colleague officers, strictly in accordance with the directions issued under G.O.Ms. No. 257, G.A.D., dated 10.06.1999, without reference to the pendency of the disciplinary proceedings C.Pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. and to pass 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 pleased to direct the Respondents to consider the case of the Petitioner for Adhoc promotion to the post of Superintending Engineer strictly in accordance with the directions issued under G.O.Ms. No. 257, G.A.D., dated 10.06.1999, without reference to the pendency of the disciplinary proceedings; by suspending the Memo No.RC/ENC/ B2/ WP4121 /2025, dated 04.04.2025, pending W.P. and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BHASKAR PREM KOUSHIK Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.10023 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Superintending Engineer on account of pendency of departmental enquiry, which arose out of the charge memo issued vide G.O.Rt.No.483 (Water (Vlg.II(V&E)A.2) Department), dated 28.10.2019, as illegal and arbitrary. 2. The Petitioner was working as Executive Engineer (I/C) in the office of Quality Control Division, Water Resources Department, Vijayawada. It is stated that now he is eligible and qualified for ad-hoc promotion to the post of Superintending Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.483 (Water (Vlg.II(V&E)A.2) Department), dated 28.10.2019 alleging that the Petitioner did not take any action against the encroachers who constructed a wall across the river course in violation of River Conservation Act. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the ad-hoc promotions for the post of Superintending Engineer is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view 4 of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Superintending Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of, with the following directions:- i) The Respondents are directed to consider the Petitioner’s case for ad-hoc promotion to the Post of Superintending Engineer, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 18.06.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 101 WRIT PETITION No.10023 of 2025 Dated: 18.06.2026 chs