Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 21017 (AP)

G DURGA RAO v. THE STATE OF ANDHRA PRADESH

WP/14819/2025 · 2025-06-19

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14819 OF 2025 Between: Aged 52 years. Occ; presently working PrStyElsl Godavari as ...PETITIONER AND 1. The State of Andhra Pradesh Represented by its Special Chief Secretary, Municipal Administration And Urban Development (Viq-1) Department Secretariat, Velagapudi, Amaravati, Guntur District. Mangal^gTrilii’nTur“ Vaddeswaram 3. The Kakinada Municipal Corporation, Rep by its Commissioner, Kakinada, Kakinada District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated praying that in in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order more in the nature of Writ of Mandamus to declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Revenue Officer in Municipal Corporation Kakinada without reference to the Charge issued by the respondent vide Go. Rt No 606 dated G.O.Ms.No.257 G.A. (Ser.C) Department dated illegal, arbitrary unjust discrimination Memo 12.09.2023, as per 10.06.1999, as highly unconstitutional and Violative of Article 14,16 and 21 of the Constitution Of India and Contrary to the Orders of the Hon’ble High Court and Consequently direct the respondents to promote the petitioner as Revenue Officer in terms of GO.Ms. No 257 GA {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 prayed that pending disposal of the WP, to direct the respondents consider the case of the petitioner for promotion to the post of Revenue Officer in Municipal Corporation Kakinada without reference to Charge Memo 606 dated 12.09.2023 in terms of (Ser.C)G.G).Ms.No.2 57 G.A. Department dated 10.06.1999. Counsel for the Petitioner : SRI I. RAVINDRA BABU Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010296502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) u- [3506] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14819/2025 Between: G Durga Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.1 RAVINDRABABU Counsel for the Respondent(S): 1. M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR SERVICES I The Court made the following: 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 a Writ or Order more in the nature of Writ of Mandamus to declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Revenue Officer in Municipal Corporation Kakinada without reference to the Charge Memo issued by the respondent vide Go. Rt No 606 dated 12.09.2023, as per G.O.Ms.No.257 G.A. (Ser.C) Department dated 10.06.1999, as highly illegal, arbitrary unjust discrimination unconstitutional and Violative of Article 14,16 and 21 of the Constitution Of India and Contrary to the Orders of the Honble High Court and Consequently direct the respondents to promote the petitioner as Revenue Officer in terms of GO.Ms. No 257 GA (Ser.C) Department Dated 10.06.1999 pass....” Heard Sri I.Ravindra Babu, learned counsel for the petitioner, learned Assistant Government Pleader appearing for respondent Nos.1 and 2 and Sri M.Krishna Rao, learned Standing Counsel for respondent No.3. Petitioner is working as Superintendent, he has been issued charge memo vide G.O.Rt.No.606 dated 12.09.2023, alleging that he executed slack supervision over sub-ordinate staff who is responsible for the irregular maintenance of note files. Petitioner submitted statement of defence refuting the aforesaid allegations and enquiry is stated to be pending. Petitioner claims to be due for promotion to the post of Revenue Officer, but for pendency of present disciplinary proceedings, he is not being considered for promotion. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post 2. 3. 4. 3 of Revenue Officer 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 General Administration (Ser.C) Department, dated G.O.Ms.No.257 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 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 Revenue Officer 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. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Municipal Administration And Urban Development (Vig-1) Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. 2. The Commissioner Director of Municipal Administration, Vaddeswaram Mangalagiri Guntur District. 3. The Commissioner, Kakinada Municipal Corporation, Kakinada Kakinada District, Andhra Pradesh. 4. One CC to Sri I. Ravindra Babu, Advocate [OPUC] 5. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri M. Krishna Rao, SC for Municipality (OPUC) 7. Three C.D. Copies. Cnr V-. HIGH COURT DATED:20/06/2025 ORDER WP.No.14819 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS