1 APHC010697352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35911/2025 Between: 1. YERRAMSETTI SURESH, S/O LATE RAMAKRISHNA RAO, AGED ABOUT 46 YEARS, OCC SENIOR ASSISTANT, TANUKU MUNICIPALITY, PRESENTLY ON DEPUTATION AT CHINTALAPUDI NAGARA PANCHYAT RIO H.NO. 6-224/6, SAI BABA TEMPLE STREET, ELURU, ERSTWHILE WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 522503 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATIONDEPARTMENT, OFFICE ADDRESS AT (APCRDA), PROJECT OFFICE,4LH FLOOR, RAYAPUDI POST, TULLURU MANDAL, GUNTUR DISTRICT - 522537 ...RESPONDENT(S): 2 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 writ, order or direction more particularly one in the nature of Writ of Mandamus ijeclaring the action of the Respondents in seeking to defer the promotion of the Petitioner only on the ground of pendency of disciplinary proceedings in ROC. No. 759715/2018/C1-4 Municipal Administration and Urban Development Department, dt. 22.10.2018 to the post of Manager Category-III as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and further direct the Respondents to promote the Petitioner to the post of Manager Category-III without reference to the disciplinary proceedings in ROC. No. 759715/20181C1-4 Municipal Administration and Urban Development Department, dt. 22.10.2018 and similar orders passed by this Honble Court and 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 case of the Petitioner for promotion to the post of Manager Category-III without reference disciplinary proceedings, in terms of GO.Ms. No 257(G.A) (SER)pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. I RAVINDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35911 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Manager Category III on the ground of pendency of disciplinary proceedings in ROC.No.759715/2018/C1-4 dated 22.10.2018, as illegal and arbitrary. 2. The Petitioner has been working as Senior Assistant since 2013.While so, a Charge Memo was issued to the Petitioner vide ROC.No.759715/2018/C1-4 dated 22.10.2018 making certain allegations. It is stated that now he is eligible and qualified for promotion to the post of Manager Category III. 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 Manager Category III 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 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Manager Category III can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. 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 Manager Category III, 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, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:23.12.2025 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 104 WP No.35911 of 2025 Date:23.12.2025 chs