N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1641 OF 202^ Between: M Revathi, W/o Potharaju Rajulapati, aged about 60 years, Working as Executive Engineer, (Tech) AP II ATP, O/o Commissioner, CADA (Command Area Development Authority), Hanumanpeta, Vijayawada, NTR District, R/o G.102, Samhitha Splendid Homes, Sundarayya nagar, Tadepalli - 522501 Guntur District ...PETITIONER AND 1. The State of AP, rep., by its Principal Secretary, Water Resources (Services-ll) Department, Amaravatbi, Guntur District. Secretariat Buildings Velagapudi, 2. The Commissioner, CADA, (Command Area Development Authority), Hanumanpeta, Vijayawada, NTR District 3. The Engineer - in -Chief (Admn), Water Resources Department, Andhra Pradesh, Vijayawada NTR District. ...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 a writ order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents not considering the Petitioner^ Superintendent Engineer without reference one in case for promotion to the post of to the Charge Memo vide (vigilance - I) Department, dated G.O.Ms. No. 218, Water Resources 02-05-2024 in terms of G.O.Ms.No. 257 General Administration Department, dated 10-06-1999 as illegal, arbitrary, unjust, discrimination, unconstitutional * and violation of Articles 14, 16 and 21 of Constitution of India and contrary to the Orders passed by this Honble Court and consequently direct the Respondents to promote the Petitioner as Superintendent Engineer inters of G.O.Ms.No. 257, General Administration Department, dated 10-06-1999 forthwith all consequential service benefits. 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 Superintendent Engineer in terms of G.O.Ms.No. 257 GAD, dated 10-06-1999, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A SREEDHAR Counsel for the Respondents: GP FOR SERVICES III The Court made the following: ORDER APHC010029742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] ^ FRIDAY .THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1641/2025 Between: 1.M REVATHI, W/0 POTHARAJU RAJULAPATI, AGED ABOUT 60 YEARS, WORKING AS EXECUTIVE ENGINEER, (TECH) AP II ATP, 0/0 COMMISSIONER, CADA (COMMAND AREA DEVELOPMENT AUTHORITY), HANUMANPETA, VIJAYAWADA, NTR DISTRICT, R/0 G.102, SAMHITHA SPLENDID HOMES, TADEPALLI - 522501, GUNTUR DISTRICT SUNDARAYYA NAGAR, ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (SERVICES-II) DEPARTMENT BUILDINGS, VELAGAPUDI, AMARAVATBI, GUNTUR DISTRICT. SECRETARIAT 2.THE COMMISSIONER CADA, (COMMAND AREA DEVELOPMENT AUTHORITY), HANUMANPETA, VIJAYAWADA, NTR DISTRICT 3.THE ENGINEER IN CHIEF ADMN, WATER RESOURCES DEPARTMENT, ANDHRAPRADESH, VIJAYAWADA NTR DISTRICT. ...RESPONDENT(S): f 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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not considering the Petitioners case for promotion to the post of Superintendent Engineer without reference to the Charge Memo vide G.O.Ms. No. 218, Water Resources (vigilance - I) Department, dated 2-5-2024 in terms of G.O.Ms.No. 257 General Administration Department, dated 10-6-1999 as illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Articles 14,16 and 21 of Constitution of India and contrary to the Orders passed by this Honble Court and consequently direct the Respondents to promote the Petitioner as Superintendent Engineer inters of G.O.Ms. NO. 257, General Administration Department, dated 10-6-1999 forthwith all consequential service benefits and to pass such 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 Petitioners claim for promotion Post of Superintendent Engineer in terms of G.O.Ms.No. 257 GAD 6-1999, pending disposal of the Writ Petition and to pass such Counsel for the Petitioner: 1.ASREEDHAR Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following ORDER: Heard Sri A.Sreedhar, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services appeared on behalf of the respondents. to the dated 10- 3 % A charge memo vide G.O.Rt.No.218 Water Resources (Vigilance-I) Department, dated 02.05.2024 was issued to the petitioner alleging that the petitioner committed dereliction of duties in violation of Rule 3 of ARCS (Conduct) Rules, 1964. The petitioner submitted an explanation dated 21.06.2024. 2. Learned counsel for the petitioner would submit that though the petitioner is entitled to promotion, his case was not considered for promotion and in fact, the Government issued G.O.Rt.No.410 water Resources (Services-ll) Department, dated 06.12.2024 giving Adhoc promotions to certain Engineers. The petitioner made representation dated 19.12.2024 respondent to consider his case vide G.O.Ms.No.257 3. St (Ex.P.1) to the 1 General Administration (Ser.C) Department, dated 10.06.1999. Learned counsel would submit that though the petitioner is eligible for promotion, her candidature is not considered due to the pendency of the aforementioned charge memo 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 terms of G.O.Ms.No.257 dated 10.06.1999. Learned Assistant Government Pleader for Services did not refute the said submission. 4. The Government issued G.O.Ms.No.257, dated 10.06.1999 to meet the contingency referred to supra. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondents 2 6. w 4 ¥ and 3 to consider the petitioner’s case for promotion to the post of Superintending Engineer, strictly in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner’s candidature is in the zone of consideration whenever DPC is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT\ REGISTRAR SE^TtdfToFFiCER //TRUE COPY// To, 1. The Principal Secretary, Water Resources (Services-ll) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, CADA (Command Area Development Authority), Hanumanpeta, Vijayawada, NTR District 3. The Engineer - in -Chief (Admn), Water Resources Department, AndhraPradesh, Vijayawada, NTR District. 4. One CC to Sri A Sreedhar Advocate [OPUC] 5. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF p HIGH COURT DATED:24/01/2025 ORDER B H FEB 2025 Jl ^ . Curreni aecuon SlpesPATC'!gF<^ WP.No.1641 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS