Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 36602 (AP)

GOTTAM RAMAKRISHNUDU v. THE STATE OF ANDHRA PRADESH

WP/31371/2024 · 2025-01-07

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATF (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY^/ TWO THOUSAND AND TWENTY FIVE w" PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31371 OF 2024 ^ Between: Gottam Ramakrishnudu, Age 59 yrs, S/o G.Bakkachetty, Working as Asst City Planner, Chittoor Municipal Corporation, Chittoor ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Municipal Administration and Urban Development (VIG-III) Secretariat, Velagapudi, Amafavati, Guntur District. Department 2. The Director of Town and Country, Planning, Government of Andhra over. Pradesh MGM Capital, Ground Floor, NRI Hospital, NH Fly Mangalagiri, Guntur District. 'w-"' ...RESPONDENTS- Petition under Article 226 of the Constitution of India is filed 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 to the post of Deputy Director/Deputy City Planner, Town Planning by the Director of Town Country Planning without referring to the pending enquiry in disciplinary proceedings vide G.O.Rt.No.557, MA & UD(Vig.lll) Dept., Dt.26.07.2024 per G.O.Ms.No.257 General Adminis^tion (Ser.C) Dept and within the time frame as mentioned in G.O.Ms.No.91 Dt.12/0^022 issued by General Administration (Ser. C) Department is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the 2nd and as respondent to consider the petitioner for next level post of Assistant Director of Town Planning as per G.O.Ms.No.257 General Administration Director Dt.10.0eri999 and (Ser.C) as per G.O.Ms'rNo.91 Dt.12/09/2022 as General Administration (Ser c) Dept, without referring the pending Departmental Proceedings of the 2nd Respondent vide G.O.Rt.No.557 per MA & UD (Vig.lll) Dept., Dt.26.07.2024. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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' for promotion to the next level from Asst. s case City Planner to Deputy Director/Deputy City Planner of Town Planning without referring the pending Departmental Proceeding^as per G.O.Ms.No.257 General Administration (Ser.C) Director Dt. 10.06.1999 and G.O.Ms.No.9l7^t. 12/09/2022 as per General Administration (SER.C) Department which set the timeline for vide G.O.Rt.No.557, of the above writ conclusion of Departmental Proceedings in MA&UD(Vig.lll) Dept., Dt.26.07.2024 pending disposal petition. lA NO: 1 OF 209fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court 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. Counsel for the Petitioner: SRI J RAVI KUMAR ^ Counsel for the Respondents: GP FOR SERVICES The Court made the following: ORDER IV APHC010598212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31371/2024 Between: Gottam Ramakrishnudu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: s ORDER Heard Sri J.Ravi Kumar, learned counsel for petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I for respondents. 2. A charge Memo vide G.O.Rt.No.557 Municipal Administration & Urban Development (Vig.lll) Department dated 26.07.2024 (Ex.P1) was issued to the petitioner. The petitioner submitted a written statement of defence on 09.08.2024 (EX.P2). Learned counsel for the petitioner would submit that though the petitioner is entitled to be promoted to the post of Deputy Director/Deputy City 3. Planner, Town Planning, the petitioner’s case has not been considered due to the pendency of the aforesaid charge memo. '1 4. At the hearing, learned counsel for the petitioner confined his argument and urged the Court to direct the 2"^^ respondent 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. 5. Learned Assistant Government Pleader for Services did not refute the said submission. Given the facts and circumstances of the case, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of both the counsel, directing the 2"^^ respondent to consider the case of the petitioner for promotion to the post of Deputy Director/Deputy City Planner, Town Planning, if the petitioner is in zone of consideration, in terms of G.O.Ms.No.257 General Administration (Ser-C) Department dated 10.06.1999 as and when DPC is constituted. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 6. //TRUE COPY// 3D/- M.PRABHAKARA RAO ASSISTANT REGISTRAR /^ECTlS^FFICER To, Municipal Administration and Urban Gunm? uTsmct ^ Secretariat, Velagapudi, Amaravati PmdSff^MPM Planning, Government of Andhra Pradesh, MGM Capital, Ground Floor, NRI Hospital, NH Fly over Mangalagiri, Guntur District ^ m r.y over. 3. One CC to Sri J Ravi Kumar Advocate [OPUC] 4. Two CCs to GP for Services l\/;lHigh Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF f HIGH COURT DATED:07/01/2025 ■/ y’'- t # '2 •V ORDER WP.No.31371 of 2024 o 5 3 (I JAN 2"25 g)) ★ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS