IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2459 OF 2025 Between; Karri Nageswara Rao, S/o K. Godavari Naidu, aged about 59 Govt. Employee, R/o D.NO.B204, Aditya Ocean Heights, Tarakarama Rushikonda, Visakhapatnam, Andhra Pradesh. 530045. years old, Occ; Layout, ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Panchayath Raj and the Department of Rural Development. AP Secretariat, velagapudi Amaravati. Andhra Pradesh. 2. The Engineer-In-Chief, O/o Panchayati Raj Engineering Department ZP Compound, MG Road, Vijayawada, NTR District, AP-520002 Secretary ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the of the respondents nature of a WRIT OF MANDAMUS, declaring the action in not considering the case of the petitioner for executive engineer, which is a promotion to the post of non-selection post on the grounds of pendency of Disciplinary offence u/s 13(2) r/w13(1)(b) of P.C.(Amendment) Act well as in Cr. NO.09/RCA-ACB/SKL/2020 for the case 2018 ACB, Act as vide of the respondents is illegal, arbitrary, unjust, contrary to Ruie 5(b) (i) of A.P. State and Subordinate pendency of departmental proceedings Rc No. SA/753/2022 dated 16-03-2023 initiated Service Rules, 1996 and also contrary to the orders passed in W.A. No. 550 of 2022 dated 06-09-2022 and consequently direct the respondents to consider the case of the petitioner for promotion to the post t of executive engineer in the existing vacancies in terms of Rule 5(b) (i) of . - AP State and Subordinate Service Rules, 1996. 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 respondent to consider the case of the petitioner for promotion to the post of Executive Engineer in the existing vacancies in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 without reference to the pendency of in Cr.No.09/RCA-ACB/SKL/202 0 for the offence u/s 13(2) r/w13(1)(b) of P.C.(Amendment) Act 2018 ACB, Act as well as pendency of departmental proceedings initiated vide Rc No. SA/753/2022 dated 16-03-2023 of the respondents, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI T. DEVA DEEPAK Counsel for the Respondent Nos. 1 & 2: SRI S.RAJU, ASST.GP FOR SERVICES-IV r I The Court made the following: ORDER V APHC010026342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2459/2025 Between: Karri Nageswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.THOKA DEVA DEEPAK ANIRUDH YADAV Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: ...RESPONDENT(S) :: ORDER :: Heard Sri T. Deva Deepak, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services respondents 1 and 2. 2. The petitioner, Deputy Executive Engineer. Panchayat Raj Department, filed the above writ petition to declare the action of the respondents in not considering his case for promotion to the post of Executive Engineer due to for / pendency of case in crime No.09/RCA-ACB/SKL/2020 registered for the offences punishable under Section 13(2) read with 13(1)(b) of the Prevention of Corruption (Amendment) Act, 2018 and the departmental proceedings initiated vide Rc.No.SA/753/2022 dated 16.03.2023, as illegal and arbitrary. Learned counsel for the petitioner would submit that the petitioner was appointed in the Panchayat Raj Department on 09.03.1989 through APPSC. The petitioner made a representation dated 05.05.2024 (Ex.P1) requesting the authority to consider his case for promotion. However, no order is passed. Hence, the writ petition. Learned Assistant Government Pleader for Services, presented a copy of the instructions furnished by respondent No.2. Paras 3 and 4, the relevant instructions, are extracted hereunder: 3. 4. “3. Further, it is submitted that Engineer-in-Chief, PR, Vijayawada vide Memo No.G. Section/9622/2013, dated 20.12.2021 has published the state vide integrated seniority list of Deputy Executive Engineers from the panel year 2002-03 to 2007-08. As per Integrated seniority list finalized upto the panel year 2007-08 total 842 Deputy Executive Engineers finds their placements. The petitioner find placement in the State Wide Integrated Seniority List of DEEs (PR) and stands at SI.No.817. Promotions were considered up to SI.No.810 to the post of EE so far for the panel year, 2022-23. 4. The case of the Petitioner will be examined as per seniority and turn subject to eligibility and as per service rules in force.” 5. Given the instructions of respondent No.2, keeping the writ petition, will not serve any purpose. \ \ Hence, this Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing learned respondent No.2 to consider the petitioner’s case for promotion, strictly as per the Rules, as and when his case comes for consideration. No costs. 6. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// Sf- SECTION OFFICER To, 1. The Principal Secretary, Panchayath Raj & Rural Development Department, State of Andhra Pradesh Secretariat, Velagapudi Amaravati, Guntur District. The Engineer-In-Chief, O/o Panchayati Raj Engineering Department, ZP Compound, MG Road, Vijayawada, NTR District, Andhra Pradesh-520002. (BY RPAD) One CC to Sri T. Deva Deepak, Advocate [OPUC] Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. gi "i" / HIGH COURT DATED: 12/02/2025 ORDER ^ andh^ WP.No.2459 of 2025 X 2 OMAR 2025 B o W ^ Current Section Sespatc^^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS