i ‘"V’ • APHC010434992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No:22149 OF 2025* Between: Sri Basava Srinivasa Rao, S/o. Narayana Rao, aged 52 years, Presently working as Panchayat Secretary, Grade-Ill, Brahmantarla Gram Panchayat, Palasa Mandal, Srikakulam District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, Velagapudi, Amaravati. 2. The Commissioner, Panchayat Raj & Rural Development Department, Tadepalli, Guntur District. , 3. The District Collector, Srikakulam, Srikakulam District. 4. The District Panchayat Officer, Srikakulam, Srikakulam District. 5. The Sarpanch, Brahmantarla Gram Panchayat, Brahmantala, Palasa Mandal, Srikakulam District. Secretariat, ...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 a Writ Order of direction particularly one in the nature of WRIT OF MANDAMUS to declare the action of the respondents in not promoting the petitioner to the post of Panchayat Secretary Grade-ll from the post of Panchayat Secretary-Ill inspite of proceedings Vide Progs. ■ '3» E.No.86933/2025 A2 Dated 18.07.2025 and thereby granting promotions to the said post for other similarly placed employees vide proceedings Vide PROCE.RC.No.808/2024 P3 dated 19.07.2025 as illegal arbitrary, discriminatory, against the principles of natural justice and contrary to Articles 14, 16 of constitution of India and consequently direct the respondents to promote the petitioner on par with other sinnilarly promoted employees vide ( proceedings dated 19.07.2025. 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 to promote the petitioner in terms of G.O.Ms.No.257 .dated 10.06.1999. Counsel for the Petitioner: SRI PILLA N.V.L.NARAYANA ADITYA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010434992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22149/2025 Between: ...PETITIONER Sri Basava Srinivasa Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: I.Pilla N.V.L.Narayana Aditya Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22149 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Panchayat Secretary Grade-ll from the post of Panchayat Secretary Grade-Ill inspite of proceedings dated 18.07.2025 as illegal and arbitrary. 2. The Petitioner is working as Panchayat Secretary Grade- Ill and now he is eligible and qualified for promotion to the post of Panchayat Secretary Grade-Ill. The grievance of the Petitioner is that his promotion to the post of Panchayat Secretary Grade-ll is not being considered on account of contemplated disciplinary enquiry. The Petitioner was suspended from service on 29.05.2023 on the premise that there has been misappropriation of funds of the gram Panchayat and thereafter he reinstated into service 3. on 21.10.2024. However, according to the Petitioner, no Charge Memorandum was issued in the Disciplinary Proceedings nor any Charge Sheet has been filed in criminal 3 case. The learned Government Pleader would submit that the 4. case of the Petitioner would be considered for promotion in terms of G.O.Ms.No.66, dated 30.01.1991. Having heard the respective counsel, G.O.Ms.No.66 5. dated 30.01.1991 states that the promotion/appointment by transfer to a higher post should be deferred only when charges of misconduct are framed by the competent authority or a Charge sheet has been filed against him in Criminal Court. The relevant paragraph of the said Government Order is extracted hereunder: “ Government, however, hereby direct that promotion/appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case or whose conduct is under investigation and whose case falls under the group referred to in para 2 (Hi) of the G.O first read above, shall be deferred, only when charges of misconduct are framed by the competent authority and served on the concerned Delinquent Officer; or a Charge sheet has been filed against him in Criminal Court, as the case may be”. 4 In view of the above, the Writ Petition is disposed of with 6. i -■ the following direction: (i) The Respondent Authorities are directed to consider the case of the Petitioner for promotion to the post of Panchayat Secretary Grade-ll in terms of G.O.Ms.No.66, dated 30.01.1991. (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand Sd/- N. NAGAiVSMA ASSISTANT REGISTRAR closed. // ^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj & Rural Development Department, Tadepalli, Guntur District. 3. The District Collector, Srikakulam, Srikakulam District. 4. The District Panchayat Officer, Srikakulam, Srikakulam District. 5. The Sarpanch, Brahmantarla Gram Panchayat, Brahmantala, Palasa Mandal, Srikakulam District. 6. One CC to Sri. Pilla N.V.L.Narayana Aditya, Advocate [OPUC] 7. Two CCs to GP for services-l. High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb ’•J t i HIGH COURT DATED:02/09/2025 I ORDER WP No.22149 OF 2025 12 SEP 2025 o f’] id re 'V^^S^rrent ) DISPOSING THE WRIT PETITION WITHOUT COSTS