% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12326 OF 2025 'V Between: B. Rajasekhara Reddy, S/o Late Subba Reddy, Aged 56 years. Administrator, Govt. General Hospital and Govt. Medical College, Srikakulam, R/o Srikakulam, Srikakulam District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Health, Medical and Family Welfare Department, A.P. Secretariat Building, Velagapudi, Amaravatl, Guntur District. 2. The Director of Public Health and Family Welfare, Government of Andhra Pradesh, Gollapudi, Vijayawada. ...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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus by declaring that the petitioner is entitled to get promoted to the post of Joint Director (Admin.,) without reference to the pending Charge Memo issued vide G.O.Rt.No.98, Dt. 16.02.2022 and further declare that non consideration of the same amounts to an action which is highly illegal, arbitrary and also violative of Articles 14, 16 and 21 of the Constitution of India. 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 case of the petitioner for promotion to the post of Joint Director (Admin.,) without reference to the pending charge memo issued vide G.O.Rt.No.98, Dt. 16.02.2022. Counsel for the Petitioner: SRI M. VENKATA SAI NIKHIL KASHYAP Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES I The Court made the following: ORDER APHC010245852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12326/2025 Between: B. Rajasekhara Reddy ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner; 1. M VENKATA SAI NIKHIL KASHYAP Counsel for the Respondent(S); 1.GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of Mandamus by declaring that the petitioner is entitled to get promoted to the post of Joint Director Admin without reference to the pending Charge Memo issued vide G.O.Rt.No.98, Health, Medical and Family Welfare (VC.1) Department, dated 16.02.2022, and further declare that non consideration of the same amounts to an action, which is highly illegal, arbitrary and also violative of Articles 14, 16 and 21 of the Constitution of India and pass...” The petitioner has been issued charge memo, vide G.O.Rt. No.98, Health, Medical and Family Welfare (VC.1) Department, dated 16.02.2022, alleging that he was unauthorizedly absent w.e.f. 21.07.2021 after expiry of earned leave from 14 days i.e., from 07.07.2021 to 20.07.2021. Pursuant to charge memo, the petitioner 2. 2 CGR, J. W.P.No.12326 of 2025 submitted explanation, dated 09.05.2022, refuting the said allegation and stating that he applied for earned leave and half pay leave upto 31.01.2022 with ail connected medical records. Though, nearly three years have lapsed, the departmental enquiry is not yet completed and the petitioner is stated to be eligible and qualified for promotion to the post of Joint Director (Administration) and he is in zone of consideration for promotion as per his seniority. Heard Sri M.Vijaya Kumar, learned Senior Counsel, representing 3. Sri M.Venkata Sai Nikhil Kashyap, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. Admittedly, charge memo came to be issued vide G.O.Rt. No.98 4. Health, Medical and Family Welfare (VC.1) Department, dated Though nearly three years have lapsed, the aforesaid departmental proceedings are not yet concluded and petitioner is stated to be eligible and qualified for promotion to the post of Joint Director (Administration) and mere pendency of aforesaid proceedings could not prejudice petitioner's prospects for promotion and he is in zone of consideration for promotion as per his seniority. 16.02.2022. Learned senior counsel appearing for the petitioner relies on the order of the Division Bench of High Court of Judicature, Andhra Pradesh 5. 3 CGR, J. W.P.No.12326of2025 r* at Hyderabad, in Government of A.P. v. A.Rajeswara Reddy\ wherein the Court dealt with a similar case and held that according to G.O.Ms.No.679 dated 01.11.2008, the departmental proceedings have to be completed within 6 months, in complicated cases and 3 months in simple cases, promotions of the candidates cannot be deferred on the ground that in cases where departmental proceedings are pending beyond that period. Hence, in view of the above, the present Writ Petition is disposed of at the admission stage, directing the respondents to consider the case of the petitioner for promotion without reference to the charge memo pending against him. It is, however, made clear that the promotion would be subject to the result of the inquiry. The respondents are also directed to complete the inquiry as expeditiously as possible, preferably within a period of six (06) months from today. There shall be no order as to costs. 6. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. 2010 (4) ALT 374 (D.B.) Sd/- N. NAGAMMA ASSISTANT, REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Director of Public Health and Family Welfare, Government of Andhra Pradesh, Gollapudi, Vijayawada. 3. One CC to Sri M. Venkata Sai Nikhil Kashyap, Advocate [OPUC] 4. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb ,.r^ HIGH COURT DATE0:06/05/2025 ORDER J 17 JUH ?nw m CO O SsCurrent Sectigjjx^i/ WP.No.12326of2025 DISPOSING OF THE W.P. WITHOUT COSTS