APHC010361822025 IN THE HIGH COURT OF ANDHRA PRADESH^ri AT AMARAVATI (Special Original Jurisdiction) 6^ /.j ■■ff \ -o’ -3 o TUESDAY, THE TWENTY NINETH DAY OF JULY^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18453 OF 2025 Between: R Subba Rao, S/o. R. Ramachandra Rao, aged about 57 years, Occ. Executive Engineer, Public Health, Quality Control Division, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Urban Development Department A.P. Secretariat, Velagapudi Amaravati, Guntur District. The Engineer-in-Chief Public Health, Andhra Pradesh, Garuda Enclave, Tadepalli, Guntur District. 1. 2. ...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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not considering the case of petitioner for promotion to the post of Superintending Engineer without reference to the Charge memo issued in G.O. Rt. No.881, Municipal Administration and Urban Development (Vig-ll) Department dated 08-11-2024 (incident relating to the years 2016-17 and 2017- 18) and 2nd Charge Memo issued in G.O. Rt. No. 584 Municipal Administration Urban Development dated 17-06-2025 (incident relating to the year 2017- 18) is illegal, arbitrary, unjust and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to promote the petitioner Superintending Engineer on par with others without reference to the pendency of disciplinary proceedings against him 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 may be pleased to direct the respondents to consider the petitioner’s claim for promotion to the post of Superintending Engineer without reference to the Charge memo issued by the 1®‘ respondent vide G.O. Rt. No. 881, Municipal Administration & Urban Development (Vig-ll) Department dated 08-11-2024 (incident relating to the years 2016-17 & 2017-18) and 2nd Charge Memo issued in G.O. Rt. No. 584 Municipal Administration & Urban Development dated 17-06-2025 (incident relating to the year 2017-18), pending disposal of the above writ petition Counsel for the Petitioner: M/S. KAVITHA GOTTIPATI Counsel for the Respondents No.1, 2: GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following order: and as APHC010361822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18453/2025 Between: R Subba Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18453/2025 The present Writ Petition is filed to declare the action of the respondents in not considering the case of petitioner for promotion St to the post of Superintending Engineer without reference to the 1 Charge memo issued in G.O. Rt. No.881, Municipal Administration and Urban Development (Vig-ll) Department dated 08-11-2024 (incident relating to the years 2016-17 and 2017-18) and 2nd Charge Memo issued in G.O. Rt. No. 584 Municipal Administration and Urban Development dated 17-06-2025 (incident relating to the year 2017- 18) as illegal and arbitrary. 2. The Petitioner was initially appointed as Tracer in the month of October, 1987. Thereafter, he was promoted as Draftsman Assistant Engineer, Assistant Executive Engineer and Deputy Executive Engineer and finally as Executive Engineer in the month of May, 2017. It is stated that now he is eligible and qualified for promotion to the post of Superintending Engineer. While the Petitioner was working as Executive Engineer, GVMC, the Respondent No.1 had initiated disciplinary proceedings and issued a Charge Memo to the Petitioner vide G.O.Rt.No.881 dated 08.11.2024 making certain allegations. With regard to the Charges relating to G.O.Rt.No.881, dated 08.11.2024, the enquiry is in process. Thereafter, the Respondent No.1 had issued another Charge Memorandum vide G.O.Rt.No.584, dated 17.06.2025 wherein three articles of charges were framed. The charges pertain to excess measurements said to have been recorded by the Petitioner while working as Executive Engineer, Palacole Municipality. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. 4. Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. Having heard the respective submissions, this Court is 5. of the opinion that the case of the Petitioner can be considered for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. t 6. Accordingly, the Writ Petition is disposed of in the following terms: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Superintending Engineer subject to the Petitioner possessing requisite qualification 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. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 0^ SECTION OFFICER Principal Secretary, Municipal Administration and Urban Development Department A.P. Secretariat, Velagapudi Amaravati, Guntur District. 2. The Engineer-in-Chief Public Health, Andhra Pradesh, Garuda Enclave, Tadepalli, Guntur District. 3. One CC to SRI KAVITHA GOTTIPATI Advocate [OPUC] 4. Two CCS to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 5. Two CD Copies GSG To, 1. The HIGH COURT DATED: 2910712025 ORDER WP NO. 18453 OF 2025 andia^ I 18 SEP 2025 ^ Current Section . ^ m C9 DISPOSING THE WP WITHOUT COSTS