APHC010415062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21685/2025 Between: 1. T VENKATA LAKSHMI, W/O.PRABHAKARA RAO, AGED ABOUT 56 YEARS, OCC. SUPERVISOR, GRADE-1 ICDS PROJECT, SEETHAMPETA, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, JAMPANI TOWERS, NEW LIC OFFICE BUILDING, GUNTUR, GUNTUR DISTRICT, A.P. 3. THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT, A.P. 4. THE PROJECT DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE AND EMPLOYMENT OFFICE, SRIKAKULAM, SRIKAKULAM DISTRICT, A.P. 5. THE REGIONAL JOINT DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, VISAKHAPATNAM. ...RESPONDENT(S): 2 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 of Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned charge Memo vide Proceedings RC.No.857/A3/2021 dt.26-11-2021 as highly arbitrary, illegal and contrary to the G.O.Ms.No.679 dt.01-11-2008 GAD (Services-C) Department, Circular Memo NO.10245/SER.C/A1/2010-1 dt.07-02-2011 and G.O.Ms.No.91 dt.12-09-2022 and consequently set aside the impugned Charge Memo RC.No.857/A3/2021 dt.26-11-2021 and promote the petitioner to the post of Child Development Project Officer (Gazetted) from the date is her immediate junior was promoted with all consequential benefits and 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 to direct the respondents to consider the case of the Petitioner for promotion to the post of Child Development Project Officer (Gazetted) as per seniority without reference to the Charge Memo RC.No.857/A3/2021 dt.26-11-2021 pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. M KESAVA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21685/2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo bearing RC.No.857/A3/2021 dated 26.11.2021, as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Child Development Project Officer. 2. The Petitioner was initially appointed as Grade-II Supervisor in the year 2001 and subsequently, she was promoted as Grade-I Supervisor in the year 2012. It is stated that now she is eligible and qualified for promotion to the post of Child Development Project Officer. While so, a Charge Memo was issued to the Petitioner vide RC.No.857/A3/2021 dated 26.11.2021, whereunder two charges were framed against the Petitioner. 3. The Charge pertains to failing in monitoring and supervision of Anganwadi Centers and there are variations in FCR’s and also tampering of FCR’s in the AWCs of Bitiwada Sector, ICDS Project, Veeraghattam. 4. It is stated that the enquiry is pending. While so, the promotion for the post of Child Development Project Officer are being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4 5. Learned counsel for the Petitioner submits that Charges against the Petitioner are trivial in nature and there was no explanation for delay of more than 4 years concluding the disciplinary enquiry. 6. Learned Assistant Government Pleader would contend that the case of Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7. Having heard the respective submissions, this Court is of the opinion the charge framed against the Petitioner is with regard to supervisory failure and that per se cannot be said to be a serious misconduct. Further, there is no explanation for the delay in conclusion of enquiry contrary to the timelines fixed in G.O.Ms.No.91 dated 12.09.2022. 8. Therefore, the writ petition is disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Child Development Project Officer, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 taking note of the triviality of charge against the Petitioner apart from delay in conclusion of enquiry. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.08.2025 SNI 5 84 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21685/2025 Date: 18.08.2025 SNI