\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 928 OF 2025 Between: P. Radha Krishna, S/o. late P. Prasada Rao, Aged 61 years. Working as Dy E.E (R & B), Yelamanchali Sub-Division(R B), R/o. Plot.No. 1279, vuda colony, Madhuravada, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, Pradesh, Rep by its PrincipalSecretary, TR & B Department, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn) Road and Buildings Department, Vijayawada,Krishna District. ...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 or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in R and B Department, on mere pendency of Charge Memo Vide Memo.No.4224A/C(3)/2015-5 dated 01-01-2025 (which pertains to the year 2014-15), issued by the 2"'' respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the vide Memo.No.4224A/C(3)/2015-5 dated 01-01-2025, in terms of G.O.Ms.No. 257 GAD dated 10-06-1999, on the same anology of similar directions of this Hon’ble Court passed in W.P. No. 25098 of 2024 order dated 06-11-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in R&B Department in the existing vacancy, without reference to vide Memo.No.4224A/C(3)/2015-5 dated 01-01-2025, in the ensuing counseling, pending disposal of the above writ petition. Counsel for the Petitioner: SRI CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondents: GP FOR SERVICES-II The Court made the following: ORDER APHC010013602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 WM [3310] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 928/2025 Between; ...PETITIONER P Radha Krishna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES II 2 The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in R & B Department, on mere pendency of Charge Memo Vide Memo.No.4224/VC(3)/2015-5 dated 01-01-2025 (which pertains to the year 2014-15), issued by the 2^'^ respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the memo vide Memo.No.4224A/C(3)/2015-5 dated 01-01- 2025, in terms of G.O.Ms.No.257 GAD dated 10-06-1999, on the same analogy of similar directions of this Hon’ble Court passed in W.P.No.25098 of 2024 order dated 06-11-2024 ” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. 3. Today, when the matter is taken up for hearing, it is conjointly submitted by the learned counsel for the petitioner and learned Assistant Government Pleader for the respondents that the issue involved in this writ petition is squarely covered by the order of this Court in Writ Petition No.25098 of 2024, dated 06.11.2024. 4. In view of the submissions made by both the petitioner’s counsel and learned Assistant Government Pleader, this Writ Petition is disposed of. 3 at the stage of admission, in terms of the above said Order in Writ Petition No.25098 of 2024, dated 06.11.2024. There shall be no order as to costs. 5. As a sequel, Interlocutory Applications pending, if any, shall stand closed. 6. Registry is directed to attach a copy of the Order in Writ Petition No.25098 of 2024, dated 06.11.2024, to this Order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR SE^tloN //TRUE COPY// OFFICER To 1. The Principal Secretary, TR & B Department, State of Andhra Pradesh Pradesh Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn) Road & Buildings Department, Vijayawada, Krishna District. 3. One CC to Sri Chilamkurthi Satya Dev Naidu, Advocate 4. Two CCs to GP for Services-ll, High Court of Andhra 5. Three C.D. Copies. (Along with copy of the order dated.06.11.2024 In W.P. No.25098 of 2024 enclosed herewith)* [OPUC] Pradesh. [OUT] Cnr ^ * HIGH COURT DATED:10/01/2025 ORDER OF ANO^ WP.No.928 of 2025 2 3 JAN 2C25 i\o Co ^ Current Section ®^£spatcv^uS^^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS APHC010485602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25098/2024 Between: 1.Y MURALI KRISHNA, S/0 Y. CH. BHUSANNA, AGED 57 YEARS, WORKING AS EXECUTIVE ENGINEER (R AND B) R AND B DIVISION NELLORE, R/0 H.NO. 27-1-468, BALAJI NAGAR, BESIDE SWAMY CLASS SCHOOL, NELLORE-524001. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, TR AND B DEPARTMENT VELAGAPUDI, GUNTUR DISTRICT. PRINCIPAL A.P.SECRETARIAT, 2.THE ENGINEERINCHIEF ADMN, ROADS AND BUILDINGS DEPARTMENT VIJAYAWADA, KRISHNA DISTRICT, STATE OF ANDHRA PRADESH. ...RESPONDENT(S): 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 or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Superintending Engineer in (R and B) Department, on mere pendency of Charge Memo Vide G.O.Rt.No. 80 TR and B (VIG.R and B) Department, dated. 24-03-2022, issued by the 1st respondent basing on the Report of the 2nd respondent DT. Page 2 of 5 r SRS,J ' W.P.No.25098 of 2024 17-12-2021, denial of promotion is illegal, arbitrary, and in violation of principles of Natural Justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Superintending Engineer without reference to the pending Charge dated. 24-03-2022, since, against the same charges, his Co-deliquent was promoted to the post of EE (R and B) basing on the directions of this Hon’ble Court passed in W.P.No. 23762 of 2023, dated. 19-9-2023 which were granted by duly following the reported judgment of the Division Bench Govt, of A.P. rep by its Principal Secretary Revenue Department Vs. A. Rajeswara Reddy and G.O.Ms.No. 679, dated. 1-11-2008 and to pass lA NO: 1 OF 2024 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 may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Superintending Engineer (R and B) Department in the existing vacancy, without referring the pendency of G.O.Rt.No. 80 TR and B Department Dated; 24-03-2022, in terms of similar orders passed in W.P.No. 23762 of 2023, dated; 19-9-2023, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.RAMALINGESWARA RAO KOCHARLA KOTA Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: :: ORDER :: Heard Sri Ch.Satya Dev Naidu learned counsel representing Sri Ramalingeswara Rao Kocherla Kota, learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services appeared for the respondents. '--yr r SRS,J W.P.No.25098 of 2024 2. A charge memo vide G.O.Rt.No.80. dated 24.03.2022 (Ex.P1) issued against the petitioner. The petitioner submitted an explanation vide Ex.P3. was 3. Learned counsel for the petitioner would submit that the petitioner is entitled to be promoted to the post of Superintending Engineer. The case of the petitioner has not been considered due to pendency of aforementioned charge memo. He also would submit that the other employee filed W.P.No.23762 of 2023, wherein the learned Single Judge disposed of the same on 19.09.2023, directing the respondent authorities therein to consider the case of the petitioner therein for promotion to the post of Executive Engineer, without reference to the disciplinary proceedings. 4. Learned Assistant Government Pleader for Services would submit that the respondent authorities will consider the case of the petitioner in terms of G.O.Ms.No.257 10.06.1999. General Administration (Ser.C) Department, dated The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three months in case of simple and six months in case of complicated. In the case at hand, the respondent authorities flouted the timelines fixed in the G.Os. For the fault on the part of the disciplinary authority, the petitioner shall not be penalized. 5. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to consider the case of the petitioner for promotion, if the petitioner is in the zone of consideration, without r SRS,J W.P.No.25098 of 2024 reference to the aforementioned charge memo. There shall be no order as to costs., As a sequel, pending miscellaneous petitions, if any, shall stand closed. JUSTICE SUBBA REDDY SATTI Date: 06.11.2024 TVN