1 APHC010703692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36099/2025 Between: 1. D V N JANIKI LAKSHMI, W/O BHUJANGA RAO, AGED ABOUT 49 YEARS, WORKING AS PANCHAYAT SECRETARY, GRADE-ILL, NANDAMURU GRAM PANCHAYAT, PEDANA MANDAL, KRISHNA DISTRICT.521369 2. S.V. RADHIKA,, W/O KRISHNA MOHAN RAO, AGED ABOUT 50 YEARS. WORKING AS A PANCHAYAT SECRETARY, GRADE-ILL, PERIKIGUDEM GRAM PANCHAYAT, MANDAVALLI MANDAL, ELURU DISTRICT.521345 3. M. KONDALU,, S/O JAYABABU, AGED ABOUT 35 YEARS. WORKING AS PANCHAYAT SECRETARY, GRADE III, GANAVARAM GRAM PANCHAYAT, MANDAVALLI MANDAL, ELURU DISTRICT.521345 4. J. GIRIJA,, D/O RAMA RAO, AGED ABOUT 33 YEARS, WORKING AS PANCHAYAT SECRETARY, GRADE III, KORAGUNTAPALEM GRAM PANCHAYAT, MUDINEPALLI MANDAL,ELURU DISTRICT. 521329 5. N. LALITHA KUMARI,, D/O VEERA RAGHAVULU, AGED ABOUT 35 YEARS. WORKING AS PANCHAYAT SECRETARY, GRADE III, PEDA LANKA GRAM PANCHAYAT, KALIDINDI MANDAL, ELURU 2 DISTRICT.521344 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS.. PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.522237. 2. THE COMMISSIONER OF PANCHAYAT RAJ, RURAL DEVELOPMENT, PVR VIKAS, TADEPALLI, GUNTUR DISTRICT 522501. 3. THE DISTRICT COLLECTOR, MACHILIPATNAM,KRISHNA DISTRICT. 521002 4. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. (ERST WHILE WEST GODAVARI DISTRICT)534006 5. THE DISTRICT PANCHAYAT OFFICER, MACHILIPATNAM, KRISHNA DISTRICT.521001 6. THE DISTRICT PANCHAYAT OFFICER, ELURU,ELURU DISTRICT. ERST WHILE WEST GODAVARI DISTRICT.534006 ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of respondents in non considering the case of the petitioners for promotions to the post of Panchayat Secretaries Grade-11 in Zone-11 as per their seniority on the ground of pendency of disciplinary proceedings issued in Charge Memo No.40870- 2/A2/2023 dt. 14-08-2023 inspite of submitting report by the enquiry officer dt.21-03-2025 for not proving the charges and not passing final orders which is highly arbitrary, illegal and violation of Article 14,16 and 21 of Constitution of 3 India and Contrary to the Circulars vide Memo No.35676/Ser.C./1998-1, G.A(Ser.C) dt.01-07-1998 and Memo No.24637/Ser.C./2000-2 GA(ser.C) dt.05- 09-2000 and G.O.No. and to 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 for promotion to next level cadre post of Panchayat Secretary Grade-ll as per G.O.Ms.No.257 General Adminstration(Ser.C) Director, dt. 10-06-1999 as per law without referring the pending departmental proceedings Vide Charge Memo. No.40870-3/A2/2023, dt. 14-08-2023 to the 1st petitioner. Vide Charge Memo. No.40870-3/A5/2023, dt. 14-08-2023 to the 2nd petitioner. Vide Charge Memo. No.40870-1/A5/2023, dt. 14-08-2023 to the 3rd petitioner. Vide Charge Memo. No.40870-4/A2/2023, dt. 14-08-2023 to the 4th petitioner. Vide Charge Memo. No.40870-3/A2/2023, dt. 14-08-2023 to the 5th petitioner issued by the 4th respondent and pass Counsel for the Petitioner(S): 1. VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.36099 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioners for promotion to the post of Panchayat Secretaries Grade II (Zone II), as illegal and arbitrary and for other consequent reliefs. 2. Petitioner No.1 has been working as Panchayat Secretary Grade III since 2017, Petitioner No.2 has been working as Panchayat Secretary Grade III since 2017, Petitioner No.3 has been working as Panchayat Secretary Grade III since 2020, Petitioner No.4 has been working as Panchayat Secretary Grade III since 2021, and Petitioner No.5 has been working as Panchayat Secretary Grade III since 2022. While so, Charge Memos were issued to the Petitioner Nos.1 to 5 vide Charge Memo No.40870-3/A2/2023, dt.14-08-2023, Charge MemoNo.40870-3/A5/2023, dt. 14-08-2023, Charge Memo No.40870- 1/A5/2023, dt. 14-08-2023, Charge Memo No.40870-4/A2/2023, dt.14- 08-2023, Charge Memo No.40870-3/A2/2023, dt.14-08-2023 respectively, making certain allegations. It was submitted that now Petitioner Nos.1 to 5 are eligible and qualified for promotion to the post 5 of Panchayat Secretary Grade II (Zone II). 3. It is stated that after serving the above Charge Memos, Petitioner Nos. 1 to 5 submitted statement of defence refuting the aforesaid charge, and the enquiry is stated to be pending. While so, Respondent No. 2 issued seniority list for the promotion to the post of Panchayat Secretary Grade II (Zone II) and Petitioner Nos.1 to 5 were not considered for the promotion to the aforesaid post, in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner Nos.1 to 5 for the post of Panchayat Secretary Grade II 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 case of Petitioner Nos.1 to 5 for promotion to the Post of Panchayat Secretary Grade II, subject to the Petitioner Nos.1 to 5 possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) 6 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:24.12.2025 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 172 WP No.36099 of 2025 Date:24.12.2025 chs