APHC010350362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17683/2025 Between: 1. DAVALA SRINIVASA RAO, S/O LATE APPLASWAMI, AGE 61 YEARS, PRESENTLY WORKING AS ASSISTANT PLANNING OFFICER AT VISAKHAPATNAM METROPOLITAN REGIONAL AUTHROITY(VMRDA) VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR 2 DISTRICT, AMRAVATI. ...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 topleased 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 Petitioner's case for promotion to the post of Deputy Director/ Deputy 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 Deputy Director/ Deputy 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 GO Rt No 37 Dated 23.1.2025 of 1st Respondent 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 Petitioner’s case for promotion to next level post of Deputy Director/ Deputy 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 GO Rt No 37 Dated 23.1.2025 of 1st Respondent and to pass Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 3 1. GP FOR SERVICES I The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17683 of 2025 O R DE R: The present writ petition is filed questioning the action of the Respondents in not considering the Petitioner’s case for promotion to the post of Deputy Director/Deputy City Planner as arbitrary and illegal. 2. The facts leading to the filing of the case are as follows: The Petitioner had joined the 2nd Respondent-Department in the year 1991 and is presently working as Town Planning Officer at VMRDA. While so, G.O.Rt.No.356 dated 21.04.2025 is issued by Respondent No.1 under Rule 24 of APCCA Rules stating that the disciplinary action against the Petitioner and 10 others would be taken up by common departmental proceedings and that Respondent No.1 was functioning as disciplinary authority for the purpose of common proceedings. However, no Charge memorandum was issued to the Petitioner as on date. Since the Respondents have initiated the process of promotion to the post of Deputy Director/Deputy City Planner and as the Petitioner is falling in the Zone of promotion, the present writ 5 petition is filed to consider his case without reference to the disciplinary proceedings, which are yet to crystallize. 3. Learned counsel for the Petitioner while relying on G.O.Ms.No.66 GENERAL ADMINISTATION (SERVICES-C) DEPARTMENT dated 30.01.1991 submitted that the promotion can be deferred only when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer. Learned counsel also relied on G.O.Ms.No.257 GENERAL ADMINISTATION (SER-C) DEPARTMENT 10.06.1999, which provide for Promotion on adhoc basis, provided the charge is not of a serious nature. The further contention is that this Court in similar circumstances in W.P.No.14410 of 2025 directed 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. 4. Learned Government Pleader would submit that as on date no disciplinary proceedings have been initiated against the Petitioner, the Petitioner's case could be considered for promotion 6 in the event no charge memorandum is issued as on the date of promotion in terms of G.O.Ms.No.66 dated 30.01.1991. 5. Considering the submissions made, the writ petition is disposed of directing the Respondents to consider the case of the Petitioner for promotion to the post of Deputy Director/ Deputy City Planner in terms of G.O.Ms.No.66 dated 30.01.1991. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 14.07.2025 KLP