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2025 DAILYLAW 2640 (AP)

SARVA JANAKI VALLI PRIYA v. THE STATE OF ANDHRA PRADESH

WP/374/2025 · 2025-01-07

Subba Reddy Satti

body2025

Judgment text

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APHC010006332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 374/2025 Between: 1. SARVA JANAKI VALLI PRIYA, W/O CHANDRA SEKHAR, AGE 43 YEARS, PRESENTLY WORKING AS TOWN PLANNING OFFICER, AT PITHAPURAM MUNICIPALITY. ...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 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 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 Petitioners case for promotion to the post of Assistant Director/ Assistant City Planner at 2nd Respondent Directorate of Town and Country Planning which is highly illegal, unjust, arbitrary and SRS,J W.P.No.374 of 2025 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 Assistant Director/ Assistant 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 616 Dated 12.9.2023 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 may be pleased to direct the Respondents to consider Petitioners case for promotion to next level post of Assistant Director/ Assistant 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 G.O.Rt.No 616, Dated 12.9.2023 of 1st Respondent and to pass Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following ORDER: Heard Sri S. Srinivasa Rao, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services, for the respondents. 2. The above writ petition is filed to declare the action of the respondents in not considering the petitioner’s case for promotion to the post of Assistant Director/Assistant City Planner in respondent No.2, Directorate of Town and Country Planning, due to pendency of charge memo issued vide G.O.Rt.No.616 Municipal Administration and Urban Development (Vig.I) department dated 12.09.2023, as illegal and arbitrary. Page 3 of 4 SRS,J W.P.No.374 of 2025 3. At the hearing, learned counsel for the petitioner confined his arguments and urged, to direct, respondent No.2 to consider the petitioner’s case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4. Learned Assistant Government Pleader for Services did not refute the submission. 5. 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 learned counsel on either side, directing respondent No.2 to consider the petitioner’s case for promotion to the post of Assistant Director/Assistant City Planner, in the office of 2nd respondent, strictly in terms of G.O.Ms.No.257, dated 10.06.1999, as and when DPC is constituted if the petitioner’s case is in the zone of consideration. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.01.2025 IKN SRS,J W.P.No.374 of 2025 110 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 374 / 2025 Date : 07.01.2025 IKN