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2025 DAILYLAW 31376 (AP)

Bavaraju Venu Madhav, v. The State of Andhra Pradesh

WP/23663/2025 · 2025-09-14

Nyapathy Vijay

body2025

Judgment text

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APHC010458072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23663 OF 2025 Between: Bavaraju Venu Madhav, S/o. Subbaiah, aged 51 years, Occ: Hostel Welfare Officer Grade-ll, R/o.H,No.12-1-43, Flat No.103, Venkata Kumar Enclave, Prakashnagar Narasaraopet, Guntur District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, B.C. Welfare Department, Secretariat, Amaravathi, Guntur District, 2. The Director B.C Welfare Department, Tadegadapa, Vijayawada, Krishna District, Andhra Pradesh. 3. The District Collector, Guntur, Guntur District, 4. The District B.C Welfare and Empowerment Officer, Sakshi Bavan, Z.P.Office, Guntur, Guntur District, Andhra Pradesh. 5. The Assistant B.C Welfare Officer, Guntur, Guntur 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 a Writ Order of direction particularly one in the nature of Writ of Mandamus to declare the action of the respondents specifically respondent 3 for not granting promotion inspite of the clear vacancy arising out of the final seniority list vide proceedings RC.No.A1/58/2021 dated 28.02.2025 and thereby not considering representation dated 09.07.2025 made by the petitioner as illegal arbitrary violative of principles of natural justice and contrary to Articles 14 and 16 of the Constitution of India and consequently direct the respondents to grant promotion to the petitioner from the post Hostel Welfare Officer Grade-ll to Grade-1 b)r/'Considering the representation made by the petitioner dated 09.07.2025. no. 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 specifically respondent no. 3 to 5 to consider the representation made by the petitioner dated 09.07.2025 for promotion by passing a speaking order on the same pending disposal of Writ Petition. Counsel for the Petitioner: M/s YERRAMSETTY SATYA SOWMYA Counsel for the Respondent Nos. 1,2, 4 and 5:GP FOR SERVICES II Counsel for the Respondent No. 3; GP FOR SERVICES I The Court made the following order: APHC010458072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAYJHE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23663 OF 2025 Between: 1.BAVARAJU VENU MADHAV,, S/0. SUBBAIAH, AGED 51 YEARS, OCC- HOSTEL WELFARE OFFICER GRADE-LL, R/0.H,N0.12-1-43, FLAT NO. 103 NARASARAOPET, GUNTUR DISTRICT, ANDHRA PRADESH. VENKATA KUMAR ENCLAVE, PRAKASHNAGAR ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL B.C. WELFARE DEPARTMENT, SECRETARIAT, SECRETARY AMARAVATHI, GUNTUR DISTRICT, 2.THE DIRECTOR B C WELFARE DEPARTMENT, TADEGADAPA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT, 4.THE DISTRICT B C WELFARE AND EMPOWERMENT OFFICER, GUNTUR DISTRICT, SAKSHI BAVAN, Z.P.OFFICE, GUNTUR, ANDHRA PRADESH. 5.THE ASSISTANT B C WELFARE OFFICER, GUNTUR, GUNTUR DISTRICT. ANDHRA PRADESH, ...RESPONDENT(S): Counsel for the Petitioner: 1. YERRAMSETTY SATYA SOWMYA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23663 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondent No.3 in not considering the representation of the Petitioner dated 09.07.2025 for considering the Petitioner for promotion to the post of Hostel Welfare Officer, Grade-11 to Grade-1 as per seniority. 2. The Petitioner was appointed as Special Grade Teacher in Education 29.08.1998. Subsequently he was transferred as.. Hostel Grade-ll, vide proceedings in Rc.No.A/170/2001, dated 18.01.2003 on deputation. Subsequently, with consent, the services of the Petitioner were absorbed as Hostel Welfare Officer Grade-ll, vide proceedings Department on Welfare Officer, in Rc.No.A1/270/2004, dated 22.12.2011. A Provisional Seniority List was Rc.No.A1/58/2021, dated prepared by Respondent No.2, vide Memo in 14.06.2021. Vide Memo, dated 06.12.2022, the Petitioner was given Special Promotion post Scale-11 from 29.08.2022. However, the same was revised on the basis of a complaint given by one P.V.Sambasiva Rao. Questioning the the Petitioner filed W.P.No.3721 of 2023 and an interim order was same passed by this Court staying all further action. The Petitioner now seeks for promotion to the cadre of Hostel Welfare Officer, Grade-ll on the basis of Final of the Petitioner was shown at SI.No.6. A to that effect to Respondent No.3. As the said Seniority List, wherein, the name representation was given representation has not been considered, the present Writ Petition filed. came to be 3. Learned Assistant Government Pleader for the Respondents submit that the representation of the Petitioner would be Respondent No.3 and appropriate orders will be passed as per law. would considered by the 4. Recording the submissions of learned Assistant Government Pleader for the Respondents, the Writ Petition is disposed of, directing the Respondents to consider the representation of the Petitioner dated 09.07.2025 and pass appropriate orders in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications pending closed. if any, shall stand ° ACHARI ASSISTANT/^EGISTRAR //TRUE COPY// SECT.ION To, 1. The Principal Secretary, B.C. Welfare Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Director, B.C Welfare Department, Tadegadapa, Vijayawada, Krishna District, Andhra Pradesh. 3. The District Collector, Guntur, Guntur District, 4. The District B.C Welfare and Empowerment Officer, Sakshi Bavan, Z.P.Office, Guntur, Guntur District, Andhra Pradesh. 5. The Assistant B.C Welfare Officer, Guntur, Guntur District. Andhra Pradesh, 6. One CC to M/s Yerramsetty Satya Sowmya Advocate [OPUC] 7. TwoCCsto GP for Services I, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 9. Two CD Copies n.cir. ;‘-v "s': ■■■•' HIGH COURT DATED: 15/09/2025 ORDER WP NO. 23663 OF 2025 I( '»SfP vt: ^25 ^^saisHsaJS^ DISPOSING THE WP WITHOUT COSTS