IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11688 OF 2025 Between: Sake Raja Sekhar, S/o Mallela Venkatramudu (Late) Aged about 57 years, Occ: Senior Assistant-cum- Assistant Executive Officer, O/o Commercial Tax Dept. (ST) Hindupur Circle, Anantapur, Sri Satya Sai District, R/o 301, 3"^ Floor, MSR Heights, Maruthi Layout, Bengaluru Road, Hindupur, Sri Satya Sai District, Andhra Pradesh- 515201. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary(CT) Department, Secretariat, Velagapudi, Guntur District 2. The Chief Commissioner, State Tax(ST) Department, State of Andhra Pradesh Kunchanapalli, Guntur District 3. The Joint Commissioner of State Tax, Kurnool Nodal Division, Kurnool 4. The Joint Commissioner (ST), Anantapuramu Division, Anantapuramu ...Respondents 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 pass an order or issue a Writ of Mandamus declaring the inaction of the Respondents in considering the Petitioner for promotion, despite his seniority and clean service record, as arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution of India and direct the Respondents to consider the Petitioned case for promotion to the post of Goods and Service Tax Officer (GSTO) in the existing vacancy at O/o Chief Commissioner of Commercial Taxes, Kunchanapalli set aside for SC (C)- General category @ Roster Point No. 62 as per the seniority list vide proceedings RC. NO. A2/23/2022 dated 25.06.2022 without reference to Crime No. 2/RCT-ATP/2023 of ACB Anantapuramu Range, in the absence of any charges. 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 pleased to direct the Respondents may be to consider the petitioner's representation dated 22.04.2025 for promoting the petitioner to the Goods & Service Tax Officer (GSTO) in the existing vacancy at O/o Chief Commissioner of Commercial Taxes, Kunchanapalli General category @ Roster Point No. post of set aside for SC (C)- 62 as per the seniority list vide proceedings RC. NO. A2/23/2022 dated 25.06.2022 pending disposal of the writ petition. Counsel for the Petitioner: SRI K ANJANA RAMA KAMESWARI Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: APHC010227092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HMB [3506] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11688/2025 Between: Sake Raja Sekhar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K ANJANA RAMA KAMESWARI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR.J W.P.No.11688 of 2025 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate a Writ of Mandamus declaring the inaction of the Respondents in considering the Petitioner for promotion, despite his seniority and clean service record, as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and direct the Respondents to consider the Petitioner’s case for promotion to the post of Goods and Service Tax Officer (GSTO) in the existing vacancy at O/o Chief Commissioner of Commercial Taxes, Kunchanapalll set aside for SC (C)- General category @ Roster Point No. 62 as per the seniority list vide proceedings RC.No.A2/23/2022 dated 25.06.2022 without reference to Crime No.2/RCT-ATP/2023 of ACB Anantapuramu Range, In the absence of any charges and to pass such other order or orders....” 2. Heard Ms. K.Anjana Rama Kameswari, learned counsel for the petitioner and learned Assistant Government Pleader for Service-1 appearing on behalf of the respondents. 3. Petitioner is working as Senior Assistant-cum-Assistant Executive Officer and is stated to be eligible for promotion to the post of Goods and Service Tax Officer (GSTO) in the existing vacancy at the office of the Chief Commissioner of Commercial Taxes. Petitioner has been arrayed as one of the accused in pursuance to a trap set up by Anti Corruption Bureau (ACB) in Crime No.2/RCT- ATP/2023 of ACB Anantapuramu Range, under Section 7 of the Prevention of Corruption Act (Amendment) Act. 2018. The I 3 I, HCGRj ^ P. No. 11688 of 2025 has been investigation is still filed. Even there the petitioner. Because being considered for going on and so far no charge sheet are no departmental proceedings pending crime, petitioner against of pendency of cri promotion. s case is not 4. Learned counsel for the petitioner submits not disentitle the promotion and by placing reliance Bench of this Court i 2024, dated 27.06.2024, would submit that considered in terms of G.O.Ms.No.257, (SER.C) Department, dated 10.06.1999. that mere petitioner from on the order in W.P.No. 13232 case of the petitioner be General Administrat pendency of investigation would being considered for passed by the Co-ordinate Of ion 5. Learned Assistant respondents submits considered Administration accordance with law. Government Pleader that the accordance appearing for the case of the petitioner will be in with G.O.Ms.No.257 General 10.06.1999 in (SER.C) Department dated 6. Having regard touching merits of the consent of both the consider the and Service Tax Commissioner to the facts matter, the writ petition i and circumstances without IS disposed of with the counsels by directing case of the petitioner for the I'espondents to promotion to the (GSTO) in the office Kunchanapalli, post of Goods of the Chief Officer of Commercial Taxes, / in terms of 4 HCGR.J W.P.No.11688 of 2025' G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.06.1999. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- M. SURYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary(CT) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District 2. The Chief Commissioner, State Tax(ST) Department, State of Andhra Pradesh Kunchanapalli, Guntur District 3. The Joint Commissioner of State Tax, Kurnool Nodal Division, Kurnool 4. The Joint Commissioner (ST), Anantapuramu Division, Anantapuramu 5. One CC to Sri K Anjana Rama Kameswari, Advocate [OPUC] 6. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:02/05/2025 ORDER WP.No.11688 of 2025 DISPOSING OF THE WP WITHOUT COSTS