IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31044 OF 2024 Between: P. Shanmugam, Age 55yrs S/o P.Siddhaiah, Working as Town Planning Officer, Tirupati Municipal Corporation, Tirupati. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Municipal Administration and Urban Development(VIG-lll), Directorate Secretariat^ Velagapudi, Amaravati, Guntur District. 2. The Director of Town and Country Planning, Government of Andhra Pradesh, MGM Capital, Ground Floor, NRI Hospital, NH Fly over, Mangalagiri, Guntur 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 Order, Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondent in not considering the petitioner for promotion for the post of Assistant Director, Town Planning by the Director of Town and Country Planning which is illegal, arbitrary and violative of Article 14,16 and 21 of the Constitution of India and consequently direct the 2nd respondent to consider the petitioner for next level post of Assistant Director of Town Planning G.O.Ms.No.257 General Administration (Ser.C) Director Dt. 10.06.1999 without referring the pending Departmental Proceedings of the 2nd Respondent vide G.O.Rt.No.l71 Dt. 13.02.2024 and Administration (Ser C) Department. per G.O.Ms.No.91 Dt.12.09.2022 issued by General as ¥■ *»■> , IA NO: 1 OF 2024 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider Petitioner' praying that in the circumstances s case of promotion to next level from Town Planning Officer to Assistant Director of Town Planning as per G.O.Ms.No.257 General Administration (Ser.C) Director Dt. 10.06.1999 without referring the pending Departmental Proceedings 2nd Respondent vide G.O.Rt.No.171 of the as per (Ser C) Dt. 13.02.2024 and G.O.Ms.No.91 Dt. 12.09.2022 issued by General Administration Department pending disposal of the above writ petition. Counsel for the Petitioner: SRI J. RAVI KUMAR Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES The Court made the following: ORDER IV ^ . APHC010594682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY. THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE 0M0 0 1* *_i [3331] PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31044/2024 Between: 1.P SHANMUGAM, AGE 55YRS S/0 P.SIDDHAIAH, WORKING AS TOWN PLANNING OFFICER CORPORATION, TIRUPATI. TIRUPATI MUNICIPAL ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRI.SECRETARY, MUNICIPAL URBAN ADMINISTRATION AND DEVELOPMENT(VIG-III), VELAGAPUDI, AMARAVATI DIRECTORATE SECRETARIAT, GUNTUR DISTRICT. 2.THE DIRECTOR OF TOWN AND COUNTRY, PLANNING, GOVERNMENT OF ANDHRA PRADESH MGM CAPITAL, GROUND FLOOR. NRI HOSPITAL, NH FLY OVER, MANGALAGIRI, GUNTUR DISTRICT. ...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 Order, Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondent petitioner for promotion for the post of Assistant Director, Town Planning by the Director of Town and Country Planning which is illegal, arbitrary and violative of Article 14,16 and 21 of the Constitution of India and consequently direct the 2nd respondent to consider the petitioner for next level post of Assistant Director of Town Planning G.O.Ms.No.257 General Administration in not considering the SRS,J^ W.P.No.31044 of 2024 (Ser.C) Director Dt.10.06.1999 without referring the pending Departmental Proceedings of the 2nd Respondent vide G.O.Rt.No.l71 Dt.13.02.2024 and per G.O.Ms.No.91 Dt.12.09.2022 issued by General Administration (Ser C) Department and to pass lA NO: 1 OF 2024 as 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 Petitioner's case of promotionto next level from Town Planning Officer to Assistant Director of Town Planning as per G.O.Ms.No.257 General Administration (Ser.C) Director Dt. 10.06.1999 without referring the pending Departmental Proceedings of the 2nd Respondent vide G.O.Rt.No.l71 Dt.13.02.2024 and as per G.O.Ms.No.91 Dt. 12.09.2022 issued by General Administration (Ser C) Department pending disposal of the above writ petition and to pass 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 may be pleased to treat the additional affidavit/ additional material papers as part and parcel of the main writ petition pending disposal the above writ petition and pass Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: The petitioner. Town Planning Officer, Tirupati Municipal Corporation, filed the above writ petition to declare the action of respondent No.2 in not promoting the petitioner to the post of Assistant Director, Town Planning, due to the pendency of charge vide G.O.Rt.No.171 Municipal memo SRS,J W.P.No,31044 of 2024 Administration & Urban Development (Vig.lll) Department, dated 13.02.2024 (Ex.PI), as illegal and arbitrary. Heard Sri J. Ravi Kumar, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services - I appeared for respondents 1 & 2. 2. \ Learned counsel for the petitioner would submit that a charge vide G.O.Rt.No.171 Municipal Administration & Urban Development (Vig.lll) Department, dated 13.02.2024 (Ex.PI) was issued against the petitioner and the petitioner submitted a written defence. Learned counsel also would submit that though the petitioner is eligible for promotion, the case of the petitioner has not been considered, due to the pendency of the aforementioned charge memo. 3. 1 memo 4. As seen from the material available on record, except for mentioning in the affidavit that the petitioner submitted a reply, no copy has been filed along with the writ affidavit. 5. At the hearing, learned counsel for the petitioner would confine his arguments and urged to direct the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. In reply, learned Assistant Government Pleader for Services - I, did not refute the submission made by learned counsel for the petitioner. 7. Given the facts and circumstances of the case, without touching the merits of the matter, 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 to the post of Assistant Director, Town Planning in terms of G.O.Ms.No.257 General T SRS.J-' W.P.No.31044 of 2024 Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is in the zone of consideration. There shall be no order as to the costs. s case As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI.Secretary, Municipal Administration and Urban Development(VIG-lll), State of Andhra Pradesh, Directorate Secretariat, Velagapudi, Amaravati Guntur District. The Director of Town and Country, Planning, Government of Andhra Pradesh MGM Capital, Ground Floor, NRI Hospital, NH Fly Mangalagiri, Guntur District. One CC to Sri J. Ravi Kumar, Advocate [OPUC] Two CCs to GP for Services- IV, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. over 3. 4. 5. ssb *> ' HIGH COURT DATED:03/01/2025 ORDER g 2 3 JAN 2P25 | WP.No.31044of 2024 ‘K'i' . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS