IN THE HIGH COURT OF ANDHRA PRADESH APHC010306252025 AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15503 OF 2025 Between: D. Sankar Lai, S/o. D.Geele Naik Late, Aged about 55 years, Occ; Dy. Executive Engineer at, APSHCL, Dharmavaram Division District. Sri Satya Sai ...PETITIONER AND The State of Andhra Pradesh, Represented by Its Principal Secretary, Housing Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Andhra Pradesh State Housing Corporation Ltd, Represented by its Managing Director, Nirmal Bhavan, Auto Nagar, Vijayawada, NTR District. The Andhra Pradesh State Housing Corporation Ltd, Represented by Its General Manager (Admn. and Vig.) Nirmal Bhavan, Auto Nagar, Vijayawada, NTR District. 1. 2. 3. ...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 pass an appropriate order or writ of Mandamus by declaring the action of the Respondents in not considering case of Petitioner for promotion to the post of Executive Engineer at 2nd Respondent Corporation which is highly illegal, Unjust, Arbitrary and contrary to law and violations of Principles of Natural Justice and contrary to Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to forthwith consider the of Petitioner’s for promotion to the next higher level post i.e,. Executive Engineer in terms of G.O. Ms. No. 257 General Administration (SER.C) Department dated 10.06.1999 and as per law without referring to the pending Departmental proceedings vide G.O.RT.No.19 Dated 12.02.2020 of Housing (Vig.Cell) Department of 2"^^ Respondent. case 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 Petitioner's case for promotion to next higher cadre post i.e.. Executive Engineer as per G.O. Ms. No. 257 General Administration (SER.C) Department dated 10.06.1999 and as per law without referring the pending Departmental proceedings vide G.O.RT.No. 19 Dated 12.02.2020 of Housing (Vig.Cell) Department of 2'^^ Respondent pending disposal of the Writ Petition in the interest of Justice. Counsel for the Petitioner: SRI SAZID KALLUR Counsel for the Respondent No.1: GP FOR SERVICES-I Counsel for the Respondent Nos.2 & 3: SRI R. KALYAN CHAKRAVARTHY, SC FOR APSHCL The Court made the following: ORDER / f APHC010306252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15503/2025 Between: ...PETITIONER D Sankar Lai AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SAZID KALLUR Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2.GP FOR SERVICES I HCGRJ W.P. No. 15503 of 2025 The Court made the followinfl Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- writ of Mandamus by “...to pass an appropriate order or declaring the action of the Respondents in not considering case of Petitioner for promotion to the post of Executive Engineer at 2"'^ Respondent Corporation which is highly illegal, Unjust, Arbitrary and contrary to law and violations of Principles of Natural Justice and contrary to Articles 14, 16 and Constitution of India and consequently direct the Respondents to forthwith consider the case of Petitioners for promotion to the next higher level post i.e. Executive Engineer in terms of G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.06.1999 and as per law without referring the pending Departmental proceedings vide G.O.RT.No.19 12.02.2020 of Housing (Vig.Cell) Department of 2" Respondent and pass such other order or orders.... Heard Sri Sazid Kallur, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondent and Sri R.Kalyanachakravarthy, learned Standing Counsel for respondent Nos.2 and 3. 21 of to Dated 2. No.1 3. Petitioner is working as Deputy Executive Engineer. Common disciplinary proceedings came to be initiated against various officers, including that of petitioner, in pursuant to the same, petitioner was vide G.O.Rt.No.19, Housing (Vig.Cell) issued charge memo Department, dated 12.02.2020, alleging that he committed certain irregularities in construction of houses sanctioned under W.S.H.P. in Dharmavaram Urban in collusion with beneficiaries. Petitioner has HCGRJ W.P.No.15503 of2025 submitted statement of defence refuting the said allegations. The Inquiry Officer stated to have submitted report alleging that charges against the petitioner are not proved and the matter is pending consideration for conclusion of proceedings. Petitioner is stated to be eligible for promotion to the post of Executive Engineer and he stands at Serial No.8 in seniority list. While the exercise of said promotion is being undertaken, in view of pendency of aforesaid disciplinary proceedings, his case is not being considered. 4. Learned counsel for the petitioner submits that it would suffice to direct respondents to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Standing Counsel appearing for respondents 2 and 3, on instructions, would submit that the case of the petitioner will be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing the respondent to consider the case of the petitioner for promotion strictly in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in HCGR.J W.P.No.15503 of 2025 of consideration, whenever DPC is constituted. There shall the zone be no order as to costs. sequel, miscellaneous petitions, pending if any, shall As a stand closed. //TRUE COPY// section To, Housing Department, State of Andhra i Amaravati, Guntur District. 1. The Principal Secretary Secretariat Buildings, Velagapudi Pradesh State Housing Corporation Pradesh 2. The Managing Director, Andhra Ltd., Nirmal Bhavan, Auto Nagar, General Manager (Admn. and Vig.) Ltd, Nirmal Bhavan Vijayawada, NTR District. , Andhra Pradesh State , Auto Nagar, Vijayawada 3. The Housing Corporation NTR District. 4. One CC to Sri 5. One CC to Sri Kalyan 6. TwoCC’sto - 7. Three CD Copies Sazid Kallur, Advocate [OPUC] Chakravarthy R, Advocate [OPUC] of Andhra Pradesh[OUTl GP for Services-l, High Court ssb T HIGH COURT I DATED:27/06/2025 ORDER WP No.15503 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS