APHC010443732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 22987/2023 Between: Dr. P.sathyanarayana Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. C RAJA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2 CGR,J W.P.No.22987 of 2023 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in rejecting the claim of the petitioner for promotion to the post of Professor in the specialty of Dentistry for the panel year 2022-23 and 2023-24 through proceedings Rc.No.2043464/E1-A/2023, dated 15.5.2023 and Rc.No.2274109/E1.A/2023 dated 22.11.2023 by the 2nd respondent without preparing, finalizing and publishing the seniority list in the category of Associate Professors in the specialty of Dentistry on the ground that the petitioner is working as Associate Professor of Conservative Dentistry and Endodontics at Dental Colleges and that there is no vacancy in the said Department in Dental Colleges as illegal, arbitrary, contrary to rules and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to finalise the seniority list among the Associate Professors in Dental Specialty irrespective of their working in department wise in the Dental Stream for the panel year 2022-23 and consider the case of the petitioner for promotion to the post of Professor in Dental Specialty as per his seniority by according all the service benefits that would arise and to pass such other order or orders.…” 2. Heard Sri P.Satyanarayana Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner, while working as Associate Professor in Semi- Autonomous College, was absorbed into Government Service by proceedings dated 13.02.2019. He is stated to have requisite qualifications and eligibility for being considered for promotion to the 3 CGR,J W.P.No.22987 of 2023 post of Professor in the department of Dentistry. For the panel year 2022-2023, the respondents prepared DPC and as the petitioner’s name was not figuring in the provisional seniority list, objections were submitted to the same. The final seniority list was published on 14.01.2023, which did not figure the name of the petitioner. As the petitioner submited objections and no order was communicated to him, he filed W.P.No.6879 of 2023 before this Court, which came to be disposed of, by an order dated 20.03.2023, directing the 2nd respondent to dispose of petitioner’s representation dated 02.03.2023 within a period of four (04) weeks from the date of receipt of the said order. The 2nd respondent passed speaking order dated 15.05.2023 rejecting the petitioner’s objections. Aggrieved by the same, petitioner preferred present writ petition. 4. After filing of writ petition, petitioner’s request for consideration of promotion for the panel year 2023-2024 also came to be rejected by proceedings dated 22.11.2023, issued by 2nd respondent, for the reason that there were no existing vacancies to the post for which the petitioner claims promotion. 5. Aggrieved by the said order, the petitioner preferred appeal before the 1st respondent on 05.01.2024, which is stated to be pending. The petitioner has filed I.A.No.2 of 2025, seeking amendment of main prayer by laying challenge to the second order 4 CGR,J W.P.No.22987 of 2023 dated 22.11.2023, passed by the 2nd respondent, which has been allowed by this Court. 6. Learned counsel for the petitioner submits that petitioner’s appeal is pending before 1st respondent, it would suffice to dispose of the writ petition with a direction to 1st respondent to consider and pass appropriate orders on such appeal. 7. Learned Assistant Government Pleader appearing for respondents submits that inasmuch as, the petitioner preferred appeal before the 1st respondent, the same will be considered in accordance with law. 8. In view of aforesaid submissions, without expressing any opinion on merits of the matter, the present Writ Petition is disposed of, directing the 1st respondent to consider and pass appropriate orders, by disposing of the appeal filed by petitioner on 05.01.2024, strictly in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 26.03.2025 KBN 5 CGR,J W.P.No.22987 of 2023 92 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 22987/2023 Date: 26.03.2025 KBN