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2025 DAILYLAW 2954 (AP)

Manupudi Venkata Ramana, v. The State of Andhra Pradesh,

WP/498/2025 · 2025-01-08

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010010102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 498/2025 Between: 1. MANUPUDI VENKATA RAMANA,, S/O SURYANARAYANA LATE, AGE 53 YEARS, PRESENTLY WORKING AS TOWN PLANNING SUPERVISIOR AT KAKINADA MUNICIPAL CORPORATION ...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 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 Town Planning Officer at 2nd Respondent Directorate of Town and Country Planning which is highly illegal, unjust, arbitrary and contrary to 2 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 Town Planning Officer as per GO Ms No 257 General dministration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Go Rt No 613 Dated 12.9.2023 of 1stRespondent 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 Petitioner’s case for promotion to next level post of Town Planning Officer 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 613, Dated 12.9.2023 of 1St Respondent and to pass su Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: The petitioner, Town Planning Supervisor, filed the above writ petition in not considering his case for promotion to the post of Town Planning Officer due to the pendency of charge memo vide G.O.R.T.No.613 Municipal Administration & Urban Development (Vig.I) Department, dated 12.09.2023 (Ex.P.1), as illegal and arbitrary. 2. Heard Sri S.Srinivasa Rao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents 1 and 2. 3 3. A charge memo vide G.O.R.T.No.613 Municipal Administration & Urban Development (Vig.I) Department, dated 12.09.2023 (Ex.P.1) was issued to the petitioner. 4. Learned counsel for the petitioner would submit that the charge memo G.O.R.T.No.613 Municipal Administration & Urban Development (Vig.I) Department, dated 12.09.2023 was not served to the petitioner till recently and hence, the petitioner could not submit written defence/explanation. Learned counsel would further submit that due to the pendency of the aforementioned charge memo 2nd respondent is not considering his case for promotion. 5. At the hearing, learned counsel for the petitioner confined his arguments and urged to direct the respondents to consider the case of the petitioner for promotion in promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 7. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned 2nd respondent to consider the case of the petitioner for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, whenever the DPC is conducted. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 08.01.2025 SNI 4 345 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.498 of 2025 Dated: 08.01.2025 SNI