IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1430 OF 2025 Between: CH VV S Bapi Raju, S/o Ch. Veera Swami, Aged about 54 years, Occ; Municipal Commissioner Selection Grade, Now working as Commissioner, Machilipatnam Municipal Corporation, Krishna District. ...PETITIONER AND 1. The State of AP, rep by its Principal Secretary, Municipal Administration & Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal Administration A.P, Gorantia, Guntur District. State of ...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 an appropriate order or directions more action of promotion to the particularly, one in the nature of Writ of Mandamus, declaring the the respondents not considering the petitioner claim for post of Regional Director of Municipal Administration without reference the charge memo vide G.O.RT.No. 641 Municipal Administration Deveiopment (Vig.ll) Department dated to & Urban 20.08.2024 in terms of G.O.Ms.No.257, General Administration Department dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the / orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Regional Director of Municipal Administration in dated G.O.Ms.No.257, General Administration Department, 10.06.1999 with all consequential benefits. terms lA NO: 1 OF 2025 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 the petitioner claim for promotion to the post of Regional Director of Municipal G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition. Administration in terms Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondents: GP FOR SERVICES IV The Court made the following: ORDER % [3331] APHC010026552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1430/2025 Between: 1.CH VV S BAPI RAJU, S/0 CH. VEERA SWAMI, AGED ABOUT 54 YEARS, OCC MUNICIPAL COMMISSIONER SELECTION GRADE, NOW WORKING AS COMMISSIONER, MACHILIPATNAM MUNICIPAL CORPORATION, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF A.P, GORANTIA, 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 an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Regional Director of Municipal Administration without reference to the charge memo vide G.O.RT.No. 641 Municipal Administration AND Urban Deveiopment (Vig.ll) dated 20.08.2024 in terms of G.O.Ms.No.257, General Department, dated 10.06.1999 as highly illegal, arbitrary. Department Administration 2 unjust, discrimination, unconstitutional and violation of Article 14 and 16 AND 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as- @ Regional Director of Municipal Administration in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and 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 to direct the respondents to consider the petitioner claim for promotion to the Director of Municipal Administration in terms post of Regional G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: Heard Sri T S N Sudhakar, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondents 1 and 2. A charge memo vide G.O.Rt.No.641 Municipal Administration & Urban Development (Vig.ll) Department, dated 20.08.2024 (Ex.P.1) was issued to the petitioner. The petitioner made representation vide Roc No.6739/2024/C1, dated 16.12.2024 (Ex.P.2) to furnish relevant documents enabling him to submit a proper explanation. 2. 3. Learned counsel for the petitioner would submit that on the allegation of committing irregularities from 20.04.2004 to 30.09.2008, the charge memo dated 20.08.2024 was issued to the petitioner after 16 years. Though the petitioner is entitled for promotion, the respondents are not considering the k. € • 3 petitioner’s case due to pendency of the aforementioned charge memo (Ex.P.1). 4. At the hearing, learned counsel for the petitioner has confined his arguments and urges to direct the respondent authorities to consider the petitioner’s case for promotion in view Administration (Ser.C) Department, dated 10.06.1999. Learned Assistant Government Pleader for Services did not refute the said submission. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the respondents 1 and 2 to consider the case of the petitioner for promotion, if the petitioner is in the zone of consideration strictly terms of G.O.Ms.No.257 dated 10.06.1999 whenever DCP is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. of G.O.Ms.No.257 General 5. 6. in Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal Administration,, State of A.P, Gorantia, Guntur District. 3. One CC to Sri T S N Sudhakar Advocate [OPUC] 4. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF HIGH COURT DATED:22/01/2025 ORDER % 2 9 JAN 2C25 | ^ . Current Section WP.No.1430 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS