APHC010399962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0? TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20222 OF 2025 Between: Mr. Nayanapalli Avinash Jayasimha, S/o Ravi Kumar N, Aged about 38 years, Occ; District Disaster Response and Fire Officer, R/o. Flat No. 401, GMR Residency, A Camp, near new ayyappa swamy temple, Kurnool City, Kurnool Dist, Andhra Pradesh - 518002. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Department, Secretariat, Amaravathi, A.P. 2. The Director General, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. 3. The Director of Fire Services -Admin, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. 4. The Director of Fire Services -Technical, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. 5. The State of Andhra Pradesh, Rep.by Special Chief Secretary to Services, General Administration Department, Secretariat, Amaravathi, A.P 6. Ch. Ratnababu, S/o Ratnam, aged 58 years. District Fire Officer, Eluru, East Godavari District. (Respondent No.6 impleaded as per Court order dt 5.8.2025 vide lA No.2/2025) ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction and omission of the Respondent No. 2 to 4 in not convening the DPC, preparing the promotion panel list, and forwarding the same to the respondent no.1 and 5 /or Government within the stipulated time i.e 30-07- 2025, despite the Petitioner representations dated 14-05-2025, 19-06-2025, 23- 07-2025, 25-07-2025, and 30-07-2025 and the clear governmental directives, and motivated by extraneous considerations to benefit other individuals, as illegal, arbitrary, unreasonable, mala fide, discriminatory, and violative of Articles 14, 16, and 16(4A) of the Constitution of India and against the principles of natural justice and Consequently direct the respondents;- a) Direct the respondent No. 2 to 4 to forthwith convene the Departmental Promotion Committee (DPC) and prepare the panel list for promotion to the post of Regional Fire Officer for the panel year 2024-25, considering the Petitioner candidature as per his eligibility, seniority, and the reservation rules for Scheduled Castes (Sub-classification) as per G.O.Ms. No.7, Dt. 18.04.2025, and G.O.Ms. No.19, Dt. 18.06.2025 particularly for the 27th roster point earmarked for SC Group-Ill. b) Direct the respondent to 4 to transmit the prepared DPC panel for the year 2024-25 to the Respondent No. 1 & 5/Government for necessary approval and action, without any further delay forthwith and in adherence to the cut-off date. No. 2 lA NO: 1 OF 202fi 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 respondent's no. 2 to 4 to provisionally forward the DPC panel for the panel year 2024-25, including the Petitioner name under Roster Point 27, to the 1"* & 5*'' Respondent, to prevent further prejudice to the Petitioner rights and ensure compliance with the reservation policy and direct the respondent no.1 & 5 restraining from closing or finalizing the Departmental Promotion Committee (DPC) panel for the post of Regional Fire Officer for the panel year 2024-25. until pending the disposal of this Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI BALAIAH B Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I Counsel for the Respondent No.6:SRI C. SRINIVASA BABA The Court made the following order: APHC010399962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20222/2025 Between: 1.NAYANAPALLI AVINASH JAYASIMHA, S/O RAVI KUMAR N, AGED ABOUT 38 YEARS. OCC.DISTRICT DISASTER RESPONSE AND FIRE OFFICER, R/0. FLAT NO. 401, GMR RESIDENCY, A CAMP, NEAR NEW AYYAPPA SWAMY TEMPLE, KURNOOL CITY, KURNOOL DIST, ANDHRA PRADESH - 518002. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRL. SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, A.P. 2.THE DIRECTOR GENERAL, DISASTER RESPONSE AND FIRE SERVICES GENERAL, STATE DISASTER RESPONSE AND FIRE SERVICES DEPARTMENT, NEAR POLICE CONTROL ROOM, GOVERNORPET, VIJAYAWADA - 520002. OFFICE OF THE DIRECTOR 3.THE DIRECTOR OF FIRE SERVICES ADMIN, DISASTER RESPONSE AND FIRE SERVICES. OFFICE OF THE DIRECTOR GENERAL, STATE DISASTER RESPONSE AND FIRE SERVICES DEPARTMENT, NEAR POLICE K,;', 2 CONTROL ROOM, GOVERNORPET, VIJAYAWADA 520002. 4.THE DIRECTOR OF FIRE SERVICES TECHNICAL, DISASTER RESPONSE AND FIRE SERVICES, OFFICE OF THE DIRECTOR GENERAL, STATE DISASTER RESPONSE AND FIRE SERVICES DEPARTMENT, NEAR POLICE CONTROL ROOM, GOVERNORPET, VIJAYAWADA - 520002. 5.THE STATE OF ANDHRA PRADESH, REP.BY SPECIAL CHIEF SECRETARY TO SERVICES, ADMINISTRATION DEPARTMENT, AMARAVATHI, A.P GENERAL SECRETARIAT, ...RESPONDENT(S); Counsel for the Petitioner; 1.BALAIAH B Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20222 of 2025 ORDER: The present writ petition is filed principally aggrieved by the action of respondent authorities in not finalizing the promotional panel as required under Rule 6 of A.P. State and Subordinate Service Rules to enable the DPC to effect promotions. 2. The petitioner is appointed as District Disaster Response and Fire Officer on 01.07.2018 and the next available post for promotional post is that of Regional Fire Officer. As per Rule 6 of the A.P. State and Subordinate Service Rules, the panel has to be prepared during the month of September every year to enable the DPC to be constituted for effecting promotions. 3. Learned counsel for the petitioner would submit that the Government had issued a memo on 18.07.2025 calling upon the respondent authorities to prepare panels for conducting DPC for 3 level Gazetted posts by fixing the cutoff date as 30.07.2025. He further submits that in spite of the said memo, the respondent 4 authorities have not prepared the panels and hence, the present writ petition is filed. 4. Learned Assistant Government Pleader seeks time to get instructions. Sri C.Srinivasa Baba, learned counsel for the 6^^ 5. respondent would submit that cutoff date prescribed under the A.P. State and Subordinate Rules is first of September every year. 6. In view of the rival submissions, the Writ Petition is disposed of directing Respondent No.4 to prepare panel for promotion to the post of Regional Fire Officer for the panel year 2024-2025 as per Rule 6(b) of the A.P. State and Subordinate Service Rules. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFRCER SEC To, 1. The PrI. Secretary, Secretariat, Amaravathi, A.P. 2. The Director General, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. Home Department, State of Andhra Pradesh 3. The Director of Fire Services-Admin, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. 4. The Director of Fire Services-Technical, Disaster Response and Fire Services, Office of the Director General, State Disaster Response and Fire Services Department, Near Police Control Room, Governorpet, Vijayawada - 520002. 5. The Special Chief Secretary to Services Department, State of Andhra Pradesh, Secretariat, Amaravathi, A.P 6. One CC to Sri Balaiah B, Advocate [OPUC] 7. One CC to Sri C. Srinivasa Baba, Advocate [OPUC 8. Two CCs to GP for Services-1 Fligh Court of Andhra Pradesh [OUT] 9. Two CD Copies. General Administration ssb HIGH COURT DATED:05/08/2025 ORDER WP No.20222 OF 2025 I DISPOSING OF THE W.P. WITHOUT COSTS