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2025 DAILYLAW 30073 (AP)

E MALLIKARJUNA v. THE STATE OF AP

WP/22598/2025 · 2025-08-29

Nyapathy Vijay

body2025

Judgment text

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APHC010432592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22598/2025 Between: E Mallikarjuna ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SARMA C V S S Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22598/2025 The present Writ Petition is filed to declare the action of the Respondents in not considering the case of Petitioner for promotion to the post of Superintending Engineer without reference to the Departmental Proceedings issued vide G.O.Rt.No.2048, dated 18.10.2022 and G.O.Rt.No.794, dated 13.11.2024 as illegal and arbitrary. 2. The Petitioner is working as Executive Engineer in NTR Telugu Ganga Project Division, Porumamilla, Kadapa and now he is eligible and qualified for promotion to the post of Superintending Engineer. While so, the Respondent authorities had issued G.O.Rt.No.2048 Water Resources (VIG.II (V&E) Department, dated 18.10.2022 and G.O.Rt.No.794 Revenue ( Vigilance-1), dated 13.11.2024, making certain allegations. With regard to the Charges relating to the above said G.O.Rt.Nos.2048 and 794 dated 18.10.2022 and 13.11.2024, the enquiry is in process. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. 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 and taking note of the fact the first charge was not concluded within the period specified and the second charge pertains to the years 2004-2005, this Court is of the opinion that the case of the Petitioner can be considered for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of in the following terms: i) The respondent Authorities are directed to consider the Petitioner’s case for promotion to the Post of Superintending Engineer subject to the Petitioner possessing requisite qualification in 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: 30.08.2025 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 22598/2025 Dated 30.08.2025 eha