IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) ^ WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17440 OF 2024 Between: G. Heera Naik, S/o. late Somala Naik, Aged about 56 years, Occ; Joint Director Fisheries, R/o. Door No. 12/110, Penamaluru Village and Mandal Krishna District. ...PETITIONER^ AND 1. The State of Andhra Pradesh, rep by its. Secretary to Government (Horticulture, aquaculture Fisheries) Agriculture and Co-Operation Department, Government of Andhra Pradesh, Secretariat, Velagapudi Amaravati. 2. The Departmental Promotion Committee V, Rep by its Chairmen, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 3. The Commissioner, Fisheries Poranki Village, Vijayawada Krishna District. 4. The Regional Vigilance and Enforcement Officer, Eluru District. ...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 issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 2 Respondent in not considering the case of the Petitioner for promotion to the post of Additional Director Fisheries in pursuance of the Petitioners representation dated 29/07/2024 as illegal, arbitrary and unconstitutional and consequently direct the 2"^ Respondent to consider the Petitioner for nd promotion to the post of Additional Director Fisheries in pursuance of the Petitioners representation dated 29/07/2024.^ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the 2^^ Respondent to consider the Petitioner for promotion to the post of Additional Director Fisheries. Counsel for the Petitioner: SRI SYED KHADER MASTAN " Counsel for the Respondents: GP FOR SERVICES I " The Court at the stage of admission made the following: ORDEI^ > APHC010342502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17440/2024 Between: G Heera Naik ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SYED KHADER MASTAN Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: i ORDER } The petitioner, Joint Director of Fisheries, filed the above writ petition to declare the action of 2"'^ respondent in not considering the case of petitioner for promotion to the post of Additional Director, Fisheries, due to pendency of charge memo vide G.O.Rt.No.109 Animal Husbandry, Dairy Dev. & Fisheries (DY. & VIG.) Department dated 12.04.2024 (Ex.P2) as illegal and arbitrary. 2. Heard Sri Syed Khader Mastan, learned counsel for petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I for respondents. w At the hearing, learned counsel for petitioner would submit that the petitioner is eligible for promotion to the post of Additional Director, Fisheries, however the case of petitioner may not be considered due to pendency of charge memo vide G.O.Rt.No.109 dated 12.04.2024 (Ex.P2). He would also submit that the petitioner made a representation dated 29.07.2024 to the 1 respondent. Learned counsel would confine his argument and urged the Court to direct the 1®* respondent to consider the case of petitioner in terms of G.O.Ms.No.257 General Administration (Ser.C) Department dated 10.06.1999. 3. St Learned Assistant Government Pleader for Services-I for respondents did not refute the said submission. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of both the counsel, directing the learned 1®* respondent to consider the case of petitioner for promotion, strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department dated 10.06.1999, if his case is in zone of consideration, whenever DPC is constituted. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// section officer To, 1. The Secretary to Government (Horticulture, aquaculture Fisheries) Agriculture and Co-Operation Department, State of Andhra Pradesh, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Chairmen, Departmental Promotion Committee V, Government Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 3. The Commissioner, Fisheries Poranki Village, Vijayawada Krishna y District. 4. The Regional Vigilance and Enforcement Officer, Eluru District. 5. One CC to Sri Syed Khader Mastan, Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr HIGH COURT DATED:29/01/2025 ORDER 0 6 FEB 2025 WP.No.17440 of 2024 S> ^ . Current ieciion ^ DISPOSING THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS