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2025 DAILYLAW 28521 (AP)

G V RAGHAVENDRA RAO v. THE STATE OF ANDHRA PRADESH

WP/20865/2025 · 2025-08-06

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010407192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20865/2025 Between: G V Raghavendra Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20865/2025 The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Multi Purpose Health Extension Officer, which is non selection post, without reference to the Charge Memo vide G.O.Rt.No. 67, Health, Medical and Family Welfare (VC.1) Department, dated 25.01.2023 (issue relating to the year 2015 to 2017) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996, as illegal and arbitrary. 2. The Petitioner is working as Multi Purpose Health Supervisor ( Male) since 2009. It is stated that now he is eligible and qualified for promotion to the post of Multi Purpose Health Extension Officer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No. 67, Health, Medical and Family Welfare (VC.1) Department, dated 25.01.2023 making certain allegations. The Petitioner had submitted an explanation on 26.04.2023 denying the charge. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the said post on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. He further submits that Charge Memo was issued in the year 2023 with reference to the allegations pertaining to the year 2015 to 2017. 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. 5. Having heard the respective submissions, this Court is of the opinion that nature of the charges framed against the Petitioner and the abnormal delay in issuance of disciplinary proceedings are aspects to be considered while considering the case of Petitioner for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. 6. Accordingly, the present Writ Petition is disposed of with the following direction: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Multi Purpose Health Extension Officer subject to the Petitioner possessing requisite qualification in 4 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. _______________________________ JUSTICE NYAPATHY VIJAY Date: 07.08.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 20865/2025 Dated 07.08.2025 eha