APHC010368392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18757 OF 2025 Between: G Mohan Rao, S/o. Navaneetham Aged 44 years working as Junior O/o. Executive Engineer, APSPDCL, Kovur ,Nellore District. Assistant, ...Petitioner AND 1. The State of Andhra Pradesh, Represented By its Principal Secretary, Energy Departnrent, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The A P Southern Power Distribution Company Limited, represented By Its Chairman and Managing Director, Corporate Office Tirupathi District. 3. The Chief General Manager, HRD A.P. Southern Power Distribution Company Limited, Corporate Office Tirupathi District. 4. The Superintending Engineer, A.P. Southern Power Distribution Company Limited, Nellore District. 5. The Senior Accounts Officer, A.P. Southern Company Limited, Nellore District. Power Distribution ...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 writ or order more in the nature of Writ of Mandamus ' declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Senior Assistant on account of criminal case numbers 11 ,14 to 25 and 27 to 36 and 39 ,41 to 49 /2015, out of which CC No.37,38 and 40/2015 were renumbered as CC APT Nos. 1553- 1555/2021 pending before the Honorable 1st Additional District Sessions kludge Nellore, and without taking into consideration of GO Ms.No.257 General Administrative (Services) Department dated 10.06.1999,as illegal, arbitrary, unjust and consequentially direct the respondents to consider the petitioner for promotion to the post of Senior Assistant in terms of GO Ms.No.257 General Administrative (Services) 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 direct the respondents to consider the petitioner for promotion to the post of Senior Assistant I terms of GO Ms.No.257 General Administrative (Services) Department dated: 10.06.1999 Counsel for the Petitioner: SRI K R SRINIVAS Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondents No.2 to 5: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following order: APHC010368392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18757 OF 2025 Between: G Mohan Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KRSRINIVAS Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18757 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Senior Assistant, on account of Criminal Cases against the Petitioner as illegal and arbitrary. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioner was appointed as Junior Assistant in the office of Respondent No.4. While so, about 52 Criminal Cases were registered against the Petitioner along with customers of Respondent No.2 for tampering the electricity meters in the year, 2015. On the same issue, departmental action was also initiated vide Charge Memo dated 26.11.2014. Questioning the simultaneous prosecution, the Petitioner filed W.P.No.36817 of 2014 and the same was disposed of, directing the Respondents to take further action after conclusion of the Criminal Cases. On that count, the disciplinary proceedings are kept in abeyance. 3, Learned counsel for the Petitioner would contend that though, the Petitioner has been regularly attending the Criminal Cases, the same could not be finalized for the reasons beyond his control. As the Petitioner remained as Junior Assistant all through, while his juniors were promoted to the senior cadre and relied on relied G.O.Ms.No.257, General Administrative (Services) Department, dated 10.06.1999. The present Writ Petition came to be filed seeking promotion by considering the case of the Petitioner to the post of Senior Assistant, without reference to the pendency of Criminal Cases. 4. Sri Kota Venkata Rama Rao, learned counsel, representing learned Standing Counsel for the Respondents 2 to 5 is placed on record the signed Written Instructions of the Superintendent Engineer, Operation, APSPDCL, Nellore dated 15.07.2025, wherein it is stated that the case of the Petitioner was considered twice in DPC conducted on 19.03.2022 and 10.07.2024 and the name of the Petitioner was kept in sealed cover, in view of pendency of Criminal Cases. The relevant portion of the Written Instructions is extracted hereunder: “It is to submit that, the petitioner has covered in Departmental Promotion Committee for the panel period 2021-2022 as per Seniority. As the criminal cases filed against the incumbent were not completed as on the date of conducting DPC on 19.03.2022 his name was included in the panel and the same was kept under sealed cover. It is to submit that, since the period of two years has completed, his name was again included in the panel during DPC held on 10.07.2024 for considering his case for promotion as Senior Assistant in light of G.O.Ms.nO.257, Dt. 10.06.1999 as adopted by APSPDCL vide S.0.0 (CGM- HRD) Ms. No. 79, Dt. 29.04.2010, as per Departmental Promotion Committee members has conclude that to take necessary action to Appointing Authority”. 5. In view of the above, as there has been consideration of the case of the Petitioner for promotion, the grievance of the Petitioner is redressed in the light of the Written Instructions dated 15.07.2025 placed on record. 6. Accordingly, the Writ Petition is closed. No order as to costs. As a shall stand closed. Sd/- M SRINIVAS assistant registrar SECTION OFFICER sequel, miscellaneous applications pending, if any f //TRUE COPY// To, ■ SRINIVAS Advocate [OPUC] VENKATA RAMA RAO 1. One CC to SRI K R 2. One CC to SRI KOTA SC FOR APSPDCL Advocate [OPUC] GP FOR ENERGY High Court of Andhra Pradesh [OUT] 3. Two CCS to 4. Two CD Copies GSG HIGH COURT DATED: 23/07/2025 ORDER WP NO. 18757 OF 2025 CLOSING THE WP WITHOUT COSTS