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2025 DAILYLAW 32712 (AP)

C.Nagaraju v. THE STATE OF ANDHRA PRADESH

WP/25258/2025 · 2025-09-16

Nyapathy Vijay

body2025

Judgment text

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1 APHC010485032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25258/2025 Between: C.Nagaraju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRIDEVI JAMPANI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25258/2025 The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Hostel Welfare Officer (Grade-I) on par with others due to pendency of the Disciplinary Proceedings in R.C.No.B3/250/2021-1, dated 25.02.2022, as illegal and arbitrary. 2. The Petitioner is working as Hostel Welfare Officer (Grade-II) since 2010. It is stated that now he is eligible and qualified for promotion to the post of Hostel Welfare Officer (Grade-I). While so, a Charge Memo was issued to the Petitioner vide Proceeding dated 25.02.2022 making certain allegations and the Enquiry remained at the same stage. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the post of the Hostel Welfare Officer (Grade-I) on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. He further submits that Charge Memo was issued in the year 2022. 4. Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Having heard the respective submissions, this Court is of the opinion that nature of the charge(s) framed against the Petitioner and the delay in concluding the disciplinary proceedings are aspects to be considered while considering the case of Petitioner for promotion in terms of G.O.Ms.No. 257, dated 10.06.1999. 6. Accordingly, the present Writ Petition is disposed of with the following direction: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Hostel Welfare Officer (Grade-I) subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 4 ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 17.09.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 25258/2025 Dated 17.09.2025 eha