APHC010519932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26771/2025 Between: 1. G VIJAYA LAKSHMI, W/O. O. SUJAN MOHAN RAO, AGED ABOUT 60 YEARS, OCC MANAGER GRADE - III, GURAJALA NAGARAPANCHAYAT, PALNADU 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 particularly 2nd respondent in 2 not considering the petitioner claim for promotion to the post of Manager Grade - II in terms of terms of G.O.Ms.No.66, General Administration (Ser.C) Department, dated 30-01-1991 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Articles 14 and 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 Manager Grade - II keeping in view of the orders of W.P.No.25469 of 2023 dated 27.09.2023, W.P.No.22149 of 2025 dated 02.09.2025 and in terms of G.O.Ms.No.66, General Administration (Ser.C) Department, dated 30-01-1991 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 to direct the respondents to consider the petitioner claim for promotion to the post of Manager Grade-II in terms of G.O.Ms.No.66, General Administration (Services-C) Department dated 30.01.1991 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.26771 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Manager Grade-II from the post of Manager Grade-III in terms of G.O.Ms.No.66, General Administration (Ser.C) Department, dated 30.01.1991, even though no charge-memorandum or criminal cases pending against the Petitioner, as illegal and arbitrary. 2. The Petitioner is presently working as Manager, Grade-III in Gurajala Nagarapanchayat, Palnadu District and is in the zone of consideration for promotion to the post of Manager, Grade-II. It is stated that the Petitioner was suspended from service on 14.05.2025 and subsequently reinstated into service vide Proceedings in Roc.No.11037/82/2023/C1-1, dated 07.09.2025. However, according to the Petitioner, no charge-memorandum was issued in the disciplinary proceedings nor charge-sheet is filed in criminal case. 3. The learned Government Pleader would submit that the case of the Petitioner would be considered for promotion in terms of G.O.Ms.No.66, dated 30.01.1991. 4 4. Having heard the respective counsel, G.O.Ms.No.66, dated 30.01.1991 states that the promotion/appointment by transfer to a higher post should be deferred only when charges of misconduct are framed by the competent authority or a charge-sheet has been filed against him in Criminal Court. The relevant paragraph of the said Government Order is extracted hereunder; “Government, however, hereby direct that promotion/ appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case or whose conduct is under investigation and whose case falls under the group referred to in Para 2(iii) of the G.O first read above, shall be deferred, only when charge of misconduct are framed by the competent authority and served on the concerned Delinquent Officer; or a Charge-Sheet has been filed against him in Criminal Court, as the case may be.” 5. In view of the above, the Writ Petition is disposed of with the following directions; (i) The Respondent Authorities are directed to consider the case of the Petition for promotion to the post of Manager, Grade-II taking note of G.O.Ms.No.66, dated 30.01.1991; (ii) There shall be no order as to costs. 5 6. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 25.09.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26771 of 2025 Dated: 25.09.2025 IS 7