T~^ » - 5 IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31637 OF 209^ AMARAVATI Between: K. Venkata Narendra Babu, S/o. K Venkateswarlu, years, Occ: Senior Assistant. R/o. Nagavaram(V), Krosuru(M) District. Hindu, aged about 46 , Palnadu ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District. 2. Commissioner of Health and Family Welfare Commissioner, Floor, APIIC Buildings, Mangalagiri, Guntur District. 3. Direct of Secondary Health, Lakshmi Elite No. Tadepalli, Guntur District. 4. District Medicai and Health Officer, Nagarampaiem District. 5. The District Medical and Health Officer Palnadu District. (Respondent Nos.3 to 5 are impleaded as per Court order dated 06.01.2025 vide lA No.2 of 2023 in W.P.No.31637 of 2023) Represented by its 77-2/G, Prathur Road Guntur, Guntur Narsaraopeta, Palnadu ...RESPONDENTS Petition under Articie 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring petitioner is entitled for being mm considered for promotion without referring to the Pending Criminal Proceedings in CC.No.200058 of 2017 in terms of G.O.Ms.No.257, GAD Dept., dated 10.06.1999 and consequently direct the respondent to consider the case of the petitioner for promotion. lA NO: 1 OF 2023 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 in terms of G.O.Ms.No.257, Gad Dept, dated 10.06.1999. Counsel for the Petitioner: SRI VAZRALA RAJA HARSHA VARDHAN REDDY Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES IV The Court made the following: ORDER 0^ APHC010608722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r,". *1 MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31637/2023 Between: 1.K VENKATA NARENDRA BABU, S/0. K VENKATESWARLU, HINDU, AGED ABOUT 46 YEARS, OCC. SENIOR ASSISTANT, R/0. NAGAVARAM(V), KROSURU(M), PALNADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS HEALTH AND FAMILY WELFARE SECRETARIAT BUILDINGS,VELAGAPUDI AT PRINCIPAL SECRETARY, DEPARTMENT AMARAVATHI, GUNTUR DISTRICT. 2.COMMISSIONER OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS COMMISSIONER, 5TH FLOOR, APIIC BUILDINGS, MANGALAGIRI,GUNTUR DISTRCT. 3.DIRECTOR OF SECONDARY HEALTH LAKSHMI ELITE N0.77-2/g, PRATHUR ROAD, TADEPALLI, GUNTUR DISTRICT. 4. DISTRICT MEDICAL AND HEALTH OFFICER, NAGARAMPALEM, GUNTUR, GUNTUR DISTRICT. 5.DISTRICT MEDICAL AND HEALTH OFFICER, NARASARAOPET, PALNADU, PALNADU 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 w SRS.J W.P.No.31637 of 2024 pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring petitioner is entitled for being considered for promotion without referring to the Pending Criminal Proceedings in CC.No.200058 of 2017 in terms of G.O.Ms.No.257, GAD Dept., dated 10.06.1999 and consequently direct the respondent to consider the case of the petitioner for promotion and pass V lA NO: 1 OF 2023 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 in terms of G.O.Ms.No.257, Gad Dept, dated 10.06.1999 and pass lA NO: 2 OF 2023 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 implead the proposed respondents as respondents No. 3 to 5 and pass Counsel for the Petitioner: 1.VAZRALA RAJA HARSHA VARDHAN REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: The petitioner. Senior Assistant, filed the above writ petition to declare the action of respondent authorities in not considering his case for promotion due to pendency of C.C.No.58 of 2017 on the file of the learned Special Judge for S.P.E and A.C.B. Cases, Vijayawada, as illegal and arbitrary. ^-=, f SRS.J W.P.No.31637 of 2024 ^?age 3 of 4 Heard Sri P.Sundeep, learned counsel for the petitioner and Sri S. Raju, Assistant Government Pleader 2. for Services appeared for learned respondents. A case in Cr.No.05/RCT-ACB-GNT/2016 for the offence punishable under Section 7 & 13(2) r/w 13 (1)(d) of P.C. Act, 1988 was registered against the petitioner. Later, a charge sheet was filed on the file of the learned Special Judge for S.P.E and A.C.B. Cases, Vijayawada and the sanne was numbered 3. C.C.No.58 of 2017. as counsel for the petitioner would submit that it would suffice if a direction is given to 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. At the hearing, learned 4. Pleader for Services did not refute the Learned Assistant Government submission made by learned counsel for the petitioner. 5. 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 authorities to consider the case of 6. learned counsel, directing the respondent the petitioner for promotion to the post of G O.Ms.No.257 General Administration is in the zone of Office Superintendent in terms of (Ser.C) Department, dated 10.06.1999, if the petitioner’s case constituted. There shall be no order as to consideration, as when the DPC is costs. miscellaneous petitions, if any, shall stand closed. As a sequel, pending SDI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Health and Family Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District. rv 2. The Commissioner of Health and Family Welfare, S**" Floor, APIIC Buildings, Mangalagiri, Guntur District. 3. The Direct of Secondary Health, Lakshmi Elite No.77-2/G, Prathur Road, Tadepalli, Guntur District. 4. The District Medical and Health Officer, Nagarampalem, Guntur, Guntur District. 5. The District Medical and Health Officer, Narsaraopeta, Palnadu, Palnadu District. 6. One CC to Sri Vazrala Raja Harsha Vardhan Reddy, Advocate [OPUC] 7. Two CCs to GP for Services- IV, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:06/01/2025 5?ANOSi5} 'x 11 FEB 2025 ORDER % <5. ^jj CurrBnt Secuon WP.No.31637of 2023 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS