APHC010471142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24543/2025 Between: 1. KOLA PUSHPALATHA, D/O. K. GOPI, AGED 48 YEARS, OCC SENIOR ASSISTANT, PARVATHIPURAM MUNICIPALITY, PARVATHIPURAM MANYAM DISTRICT. (VIZIANAGARAM DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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., MANGALAGIRI, 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 2 claim for promotion to the post of Revenue Officer (Category - III)/ Manager without reference to the charge memo vide G.O.Rt.No.251, Municipal Administration and Urban Development (Vig.l) Department dated 01.04.2025 (issue relating to the year 2014-2022) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 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 Revenue Officer (Category - III)/ Manager in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and pass such other order. 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 petitioner claim for promotion to the post of Revenue Officer (Category - III)/ Manager in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass such other order. Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24543 of 2025 ORDER: 1. 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 Revenue Officer (Category-III)/Manager without reference to Charge-Memo issued vide G.O.Rt.No.251, Municipal Administration and Urban Development (Vig.I) Department, dated 01.04.2025 in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999, as illegal and arbitrary. 2. The Petitioner was initially appointed as Junior Assistant in the year 2001, thereafter, she was promoted as Senior Assistant in the year 2013 and she is discharging her duties with utmost satisfaction of her superior authorities and she is eligible for promotion to the post of Revenue Officer (Category-III)/Manager. While so, Respondent No.1 initiated common disciplinary proceedings against the Petitioner and 11 others under Rule 24 of APSC & CCA Rules, 1991 vide G.O.Rt.No.36, Municipal Administration and Urban Development (Vig.I) Department, dated 22.01.2025. 4 3. Thereafter, Respondent No.1 issued a Charge-Memo to the Petitioner vide G.O.Rt.No.251, Municipal Administration and Urban Development (Vig.I) Department, dated 01.04.2025 alleging that the Petitioner while working as Senior Assistant (Gr.I Clerk) in Municipal Office, Bobbili, Vizianagaram District, exhibited lack of integrity, devotion and conducting unbecoming of a Government Servant and thereby contravened Rule 3(1), 3(2) of APCS (Conduct) Rules, 1964 and the said allegation is pertaining to the years ‘2014 to 2022’. 4. The grievance now is that the Petitioner is now eligible for promotion to the post of Revenue Officer (Category-III/Manager). However, the case of the Petitioner was not being considered for promotion to the said post, on account of pendency of disciplinary proceedings. Hence, the Writ Petition is filed. 5. Learned counsel for the Petitioner would submit that the Government has provided timeline for concluding departmental enquiries specifically within three (3) months in case of simple cases and six (6) months in case of complex cases in terms of G.O.Ms.No.679, General Administration Department, dated 01.11.2008 read with G.O.Ms.No.91, General Administration (SER.C) Department dated 12.09.2022 rather the Respondents were not adhering the aforesaid timelines in concluding the enquiry, 5 therefore, the Petitioner cannot be denied of her right to be considered for promotion. Even otherwise, the Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. The learned Assistant Government Pleader appearing for Respondents on the other hand submits that the enquiry would be concluded, as expeditiously as possible. 7. Having heard the respective counsel and taking note of the G.O.Ms.No.257, General Administration Department, dated 10.06.1999 and time frame as fixed vide G.O.Ms.No.91, dated 12.09.2022, the Writ Petition is disposed of with the consent of both the counsel, at the admission stage, with following directions; (i) The Respondents are directed to consider the case of the Petitioner for promotion to the post of Revenue Officer (Category-III/Manager) in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the Petitioner is otherwise, in the zone of consideration with requisite qualifications, taking note of the fact that Charge against Petitioner is trivial, as it pertains to non-maintenance of records; 6 (ii) The Respondents are further directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order; (iii) The disciplinary authority as well as Enquiry Officer and Presenting Officer shall be personally answerable, in the event enquiry is not concluded within the time frame referred above. (iv) No order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 06.11.2025 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24543 of 2025 Date: 06.11.2025 IS