APHC010618172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31887/2025 Between: 1. AMALADASU SREE ATCHYUTHA RAMASWAMY, S/O LATE A. PATTABHI RAMAYYA, AGED 55 YEARS, SUPERINTENDENT ENGINEER. RWS CIRCLE, VISAKHAPATNAM, R/O D.N0.15-7B-6, F3, ABHINAY AVENUE, VENKATARATNAPURAM, KALPANA CENTRE, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND SANITATION DEPARTMENT GOLLAPUDI, VIJAYAWADA ...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 topleased to issue a Writ of Mandamus or any other appropriate Writ declaring the action on the part of the respondents in not considering the claim of the petitioner for promotion to the post as Chief Engineer, RWS and S from the category of Superintending Engineer despite the petitioner is within the zone of consideration in terms of the seniority on the ground of pendency of disciplinary proceedings initiated vide G.O.Rt.No.188, PR and RD (Vig.VI) Dept., Dt.19.04.2023 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the claim of the petitioner for promotion to the post of Chief Engineer, RWS and S without reference to the disciplinary proceedings initiated pursuant to the G.O.Rt.No.188, PR and RD (Vig.VI) Dept., Dt. 19.04.2023 of the 1st respondent and to pass IA 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 Pleased to direct the respondents to consider the claim of the petitioner for promotion to the post of Chief Engineer, RWS and S from the category of superintendent Engineer without reference to the disciplinary proceedings initiated pursuant to the G.O.Rt.No.188, PR and RD (Vig.VI) Dept., Dt.19.04.2023 of the 1st respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. V MAHESWAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31887/2025 ORDER:- The present Writ Petition is filed to declare the action of the Respondents in not considering the claim of the petitioner for promotion to the post of Chief Engineer RWS & S on account of pendency of Charge Memo bearing G.O.Rt.No.188, Panchayat Raj & Rural Development (VIG.VI) Department, dated 19.04.2023, as illegal and arbitrary. 2. The Petitioner was initially appointed as an Assistant Executive Engineer and subsequently, he was promoted as Deputy Executive Engineer. Later, the petitioner was further promoted to the post of Superintending Engineer. It is stated that now he is eligible and qualified for promotion to the post of Chief Engineer, RWS & S. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.188, Panchayat Raj & Rural Development (VIG.VI) Department, dated 19.04.2023, alleging that the Petitioner while working as Executive Engineer, RWS & S Division, Adoni, has made payment for inferior quality of work and non-deduction of Labour cess @ 1% from the work bills for the work “Augmentation of water supply scheme to Mantralayam”. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Chief Engineer is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Learned Assistant Government Pleader submits that the case of the petitioner would be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 5. Having heard the respective counsels, the Writ Petition is disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Chief Engineer subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 18.11.2025 TVN 146 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.31887 OF 2025 Date: 18.11.2025 TVN