r 7/ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE Ifi f-T- PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2565 OF 2025 Between: R. Nagesh Babu, S/o. Venkaiah, aged about 59 years, Executive Engineer, O/o. ENC, Public Health, Tadepally, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, MA & UD Department, Secretariat, Velgapudi, Guntur District. 2. The Engineer-in-Chief, Public Health, A.P., Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order in or direction, more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents in not considering the claim of the Petitioner for promotion as Superintending Engineer without reference to the charge memo issued by the r* Respondent bearing G.O.Rt.No.790, MA & UD (Vig.lll) Dept, dated 09/10/2024 (incident occured 2014-15) is totally illegal, arbitrary, unconstitutional and void being violation of Arts. 14 & 16 of the Constitution of India and consequently direct the Respondents to consider the case of the Petitioner for promotion as Superintending Engineer without reference to the charge memo issued by the 1 bearing G.O.Rt.No.790, MA & UD (Vig.lll) Department, dated 09/10/2024 and promote him as such. St Respondent r 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 case of the Petitioner for promotion as Superintending Engineer without reference to the charge memo issued by the 1®' Respondent bearing G.O.Rt.No.790, MA & UD (Vig.lll) Department, dated 09/10/2024 and promote him as such pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI R. RAJASEKHARA RAO Counsel for the Respondent Nos. 1 & 2: SRI S.RAJU, ASST.GP FOR SERVICES-IV The Court made the following: ORDER * APHC010039172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2565/2025 Between; AGED ABOUT 59 YEARS, EXECUTIVE ENGINEER, 0/0. ENC, PUBLIC HEALTH, TADEPALLY, GUNTUR DISTRICT. 1.R NAGESH BABU, S/0. VENKAIAH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, VELGAPUDI, GUNTUR DISTRICT. 2.THE ENGINEERINCHIEF, DISTRICT MA AND UD DEPARTMENT, SECRETARIAT, PUBLIC HEALTH, A.P., GUNTUR ...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 pleased to issue an appropriate Writ, order, or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the claim of the Petitioner for promotion as Superintending Engineer without reference to the charge memo issued by the 1st Respondent bearing G.C.Rt.No.790, MA and UD (Vig.lll) Dept, dated 09/10/2024 unconstitutional and void being violation of Arts. 14 and 16 of the Constitution of India and consequently direct the Respondents to consider the case of the Petitioner for promotion as Superintending Engineer without reference to the charge memo issued by the 1st Respondent bearing G.C.Rt.No.790, MA and (incident occurred 2014-15) is totally illegal, arbitrary. 2 ▼ V UD (Vig.lll) Department, dated 09/10/2024 and promote him as such and to pass 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 case of the Petitioner for promotion Superintending Engineer without reference to the charge memo issued by the 1st Respondent bearing G.O.Rt.No.790, MA & UD (Vig.lll) Department, dated 09/10/2024 and promote him as such pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.RANGARAJULA RAJASEKHARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: as :: ORDER :: Heard Sri R.Rajasekhar Rao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for the respondents. A charge memo vide G.O.Rt.No.790 Municipal Administration & Urban Development (Vig.lll) Department, dated 09.10.2024 (Ex.P1) was issued to the petitioner. Petitioner submitted a written defence/explanati on 28.11.2024 (Ex.P2). 2. on 3. Learned counsel for the petitioner would submit that as per Annexure.-I the incident allegedly took place during the years 2014-2015. The charge memo was issued after ten years. Due to the pendency of the aforementioned charge memo, the respondent authorities are not considering the case of the petitioner for promotion though he is eligible for promotion 3 S At the hearing, learned counsel for the petitioner confined his arguments and urged to direct the respondents to consider the case of the petitioner for promotion in promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 4. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned 2 respondent to consider the case of the petitioner for promotion, strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 if the petitioner’s case is in the zone of consideration as and when DPC is constituted. There shall be no order as to costs. 6. nd Miscellaneous petitions pending, if any, shall stand closed Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, MA & UD Department, Secretariat, Velgapudi, Guntur District. 2. The Engineer-in-Chief, Public Health, Andhra Pradesh, Guntur District. 3. One CC to Sri R. Rajasekhara Rao, Advocate [OPUC] 4. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. To, gi HIGH COURT DATED:04/02/2025 ORDER WP.No.2565 of 2025 1 ^ FEB 2125 ^ Currenl Seciion ^ O DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS