APHC010454522025 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: 23235 OF 202*; Between: Dasari Venkateswara Rao, S/o. Akkaiah, Aged about 61 years, R/o. 69-11-71, Bhaskar Nagar, Near New CTRI Rajamahendravaram, East Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep*, by its Prrncipal Secretary Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. 3. The District Collector, Erstwhile East Godavari Kakinada, Kakinada District. 4. The District Panchayat Officer, Erstwhile East Godavari District, Now At Kakinada, Kakinada District. 5. The District Collector, Dr.B.R.Ambedkar Konaseema Amalapuram. to District, Now At District At ...RESPONDENTS Petition under Article 226 of the Constitution of Indib praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction of WRIT OF MANDAMUS declaring the action of the more particularly one in the nature respondents is not considering the case of the petitioner for promotion to the next higher post the ground that disciplinary action is pending is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of K' on India and consequently direct the respondents to consider the name of the petitioner for promotion to the next higher post as per G.O.Ms.No.257, GAD, Dated 10-06- 1999, G.O.Ms.No.679 GAD dt.1.11.2008 and G.O.Ms.No.91 GAD 12.09.2022 along with pay scales and back wages. dated 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 consider the case of the petitioner for promotion the post of Deputy MPDO without reference to the departmental enquiry. Counsel for the Petitioner: SRI B. VAMSI KRISHNA Counsel for the Respondents: GP FOR SERVICES-I The Court made the following order: to 1 APHC010454522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SES [3460] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23235/2025 Between: 1.DASARI VENKATESWARA RAO, S/0. AKKAIAH, AGED ABOUT 61 YEARS, R/0. 69-11-71, BHASKAR NAGAR, NEAR NEW CTRL RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL PATHURU ROAD, DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT - 522501 3.THE DISTRICT COLLECTOR, ERSTWHILE EAST GODAVARI DISTRICT, NOW AT KAKINADA, KAKINADA DIST. 4.THE DISTRICT PANCHAYAT OFFICER, ERSTWHILE NOW AT KAKINADA, EAST GODAVARI DISTRICT, 2 KAKINADA DIST. 5.THE DISTRICT COLLECTOR, DR. B. R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM. ...RESPONDENT(S): Counsel for the Petitioner: 1.B VAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23235 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings No.PRR02-12021(32)/31/2020-B-COMMR PRRD, dated 16.09.2020as illegal and arbitraryand considerthe case of the Petitioner for promotion to the post of Deputy MPDO. The Petitioner is working as Panchayat Secretary Grade-1 2. (PR & RD), Kothapeta Gram Panchayat Office, Kothapeta nd Mandal, Dr. B.R.Ambedkar Konaseema District. The 2 Respondent issued proceedings No.PRR02-12021(32)/31/2020- B-COMMR PRRD, dated 16.09.2020 suspending the Petitioner without issuing show-cause notice and providing articles of charges. The Petitioner challenged the suspension proceedings dated 16.09.2020 by filing W.P.No.17283 of 2020. This Court by order dated 12.08.2021 set aside the suspension proceedings dated 16.09.2020 with a direction to the respondents to complete the enquiry in a time bound and strict manner. It is stated that now he is eligible and qualified for promotion to the post of Deputy MPDO. 4 3. It is stated that the Petitioner appeared before the enquiry officer and submitted written explanation denying all the allegations made against him and enquiry is stated to be pending. While so, the promotion for the post of Deputy MPDO is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Deputy MPDO can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Deputy MPDO subject to the Petitioner possessing requisite qualifications 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. k 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Development Department Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj & Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. 3. The District Collector, Erstwhile East Godavari District, Now At Kakinada, Kakinada District. 4. The District Panchayat Officer, Erstwhile East Godavari District, Now At Kakinada, Kakinada District. 5. The District Collector, Dr. B. R. Ambedkar Konaseema District At Amalapuram. ’ ' 6. One CC.to Sri B.Vamsi Krishna, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Panchayat Raj & Rural State of Andhra Pradesh Secretariat, gi HIGH COURT DATED;02/09/2025 ORDER WP No.23235 OF 2025 ^ 10 SEP 2025 .T' •- C5 , Co ■ '5'. irrentSectii DISPOSING THE WRIT PETITION WITHOUT COSTS