IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1837 OF 2025 Between: C Shankar Kumar, S/o (Late) C. Nagabhushanam, Aged 42 Years, Occ: Hostel Welfare Officer, Grade-ll Govt. B.C. Boys Hostel, Kamablapadu (V), Krishnagiri (Mandal), Kurnool District ' ...PETITIONER ' AND 1. The State of AP, Rep. by its Principal Secretary, B.C. Welfare Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector (B.C. Welfare), Kurnool District, Andhra Pradesh. 3. The District B. C. Welfare Officer & Empowerment Officer, Kurnool District, Andhra Pradesh. ' ...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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (a) By declaring the action of the respondents, particularly the action of the Respondents No. 2 and 3 in not considering the case of the petitioner for promotion to the post of Hostel Welfare Officer, Grade-1 (which is a non-selection post) despite of two clear regular vacancies (one post is vacant since 01.02.2024 and the second post is vacant since 01.08.2024), inspite of making repeated representations, even though the petitioner herein is fully eligible, qualified and within the zone of consideration is as illegal, arbitrary, unjust, improper, violative of all principles of natural justice, because of delay in consideration and in view of filling up of the vacancies from time to time in other three districts with the persons who were appointed subsequent to the petitioner, the petitioner herein not only loosing the seniority and becoming a junior for consideration of his case for the zonal post i.e.. Assistant B.C. Welfare Officer, (b) Further, ;hpld that, the petitioner herein is entitled for promotion to the post of HWO Grade-1 w.e.f. 01/02/2024, the day on which a clear vacancy was existing on the ground that, in the case of other three districts, consisting of Ananthapuramu, Cuddapah and Chittoor ( Zone-IV), the vacancies in the cadre of HWO Grade-1 were filled with the persons who were appointed subsequent to the petitioner, because of the same the petitionerherein not only loosing the seniority and becoming a junior for consideration of his case for the zonal post i.e.. Assistant B.C. Welfare Officer, (c) and consequently to direct the respondents to forthwith consider the case of the petitioner for promotion to the post of HWO Grade-1 in the existing vacancies by duly considering his representations dated 02.12.2024 (R2) and 24.08.2024 (R3) made to the Respondents No.2 and 3. lA 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 No.2 and 3 to forthwith consider the case of the petitioner for promotion to the post of HWO Grade-1 in the existing vacancies by duly considering the representations dated 02.12.2024 (R2) and 24.08.2024 (R3) of the petitioner made to the Respondents No.2 and 3 pending disposal of the above writ petition. Counsel for the Petitioner; SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondents: GP FOR SERVICES II The Court made the following: ORDER a APHC010008802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1837/2025 Between: C Shankar Kumar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following ORDER: Heard Sri S.Satyanarayana Rao, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services appeared on behalf of the respondents 1 to 3. The petitioner, Hostel Welfare Officer-11, Government B.C.Boys Hostel, Kambalapadu Village, Krishnagiri Mandal, Kurnool District filed the above writ petition to declare the inaction of the respondents in considering his case for promotion to the post of Hostel Welfare Officer Grade-1 and non-considering the representations dated 02.12.2024 and 24.08.2024 as illegal and arbitrary. 2. i I 1 w 2 3. Learned counsel for the petitioner would submit that the petitioner was appointed as a Hostel Welfare Officer Grade-11 from the cadre of Class-lV on 28.11.2012 in B.C.Welfare Department, Kurnool District. Two posts of Hostel 01.02.2024 and 01.08.2024. Hostel Welfare Welfare Officer Gr.l fell vacant on District level post. The petitioner possessed all the Officer Grade-1 is a requisite qualifications and he is eligible for promotion to the post of Hostel Welfare Officer Grade-1. The petitioner made representations dated 02.12.2024 and 24.08.2024 to respondents 2 and 3 respectively. However, the authorities did not consider the representations. 4. Learned Assistant Government Pleader on instructions, would submit that the request made by the petitioner is pending since One Sri P.Koteswaraiah, HWO, Gr-11 is above the petitioner in seniority. Learned Assistant sought by the Vijayawada. As soon as the clarification is received, necessary orders will be passed. Government Pleader would further submit that a clarification was concerned authority from the Director of BC Welfare, AP, 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 on either side directing respondents 2 and 3 to consider the representations dated 02.12.2024 and 24.08.2024 made by the petitioner and pass appropriate orders strictly as per the Rules within eight (8) weeks from the date of receipt of copy of this order. No order as to costs, sequel, pending miscellaneous petitions, if any, shall stand closed. 5. Given As a SDI- M.PRABHAKARA RAO ASSIST //TRUE COPY// EQISTRAR ' SECTION OFFICER To, 1. The Principal Secretary, B.(T Welfare Department, Secretariat Velagapudi, Guntur District. 2. The District Collector (B.C. Welfare), Kurnool District, Andhra Pradesh. 3. The District B. C. Welfare Officer and Empowerment Officer, Kurnool Distirct, Andhra Pradesh. 4. One CC to Sri Santhapur Satyanarayana Rao^>\dvocate [OPUC] 5. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF HIGH COURT DATED:29/01/2025 ORDER WP.No.1837 of 2025 5 15 FEI 2023 . Current Section . DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS