APHC010508582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26408/2025 Between: 1. LOYA SIVA NAGESWARA RAO, S/O. VENKATESWARA RAO, AGED ABOUT 39 YEARS, OCCPANCHAYAT SECRETARY GRADE-ILL, O/O. LINGAPALEM GRAM PANCHAYAT, KODURU MANDAL, KRISHNA DISTRICT. R/O. LINGAPALEM VILLAGE, KODURU MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR PW, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. ...RESPONDENT(S): 2 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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering my promotion to the post of Panchayat Secretary Grade-11 without reference to the Charge Memo vide E.Office No.998723/2025, Pts.6, dt.28.08.2025 in terms of G.O.Ms.No.257 General Administration (SER.C) Department dated 10.06.1999 as highly illegal, arbitrary, unjust discrimination and contrary to rules apart from violation of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents consider the case of the petitioner for promotion to the post of Panchayat Secretary Grade-11 in terms of G.O.Ms.No.257 General Administration (SER.C) Department dated 10.06.1999 with all consequential benefits 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 to direct the respondents consider the case of the petitioner for promotion to the post of Panchayat Secretary Grade-11 in terms of G.O.M.3.N0.257 General Administration (SER.C) Department dated 10.06.1999 pending disposal of the writ petition and pass Counsel for the Petitioner: 1. BALA RAMESH YALAVARTHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26408 of 2025 ORDER : This writ petition is filed declaring the action of Respondents in not considering promotion of the Petitioner to the post of Panchayat Secretary Grade-II without reference to the charge memo vide E.Office No.998723/2025,Pts.,6, dated 28.08.2025 in terms of G.O.Ms.No.257 General Administration (SER.C) Department dated 10.06.1999 as illegal and arbitrary. 2. Petitioner was initially appointed as Panchayat Secretary on contract basis on 30.03.2007. Subsequently, his services were regularized with effect from 13.02.2014 and was further promoted as Panchayat Secretary Grade-III on 11.11.2020. It is stated that now he is eligible for promotion to the post of Secretary Grade-II. While the Petitioner working as in-charge panchayat secretary at Mukkolu Gram Panchayat, one Sri Sammita Venugopal Rao and others had made a complaint on 21.11.2021 against the Petitioner, basing on which, DLPO, Machilipatnam submitted a report dated 21.11.2024 that the Petitioner had committed certain irregularities. 3. Basing on the said report, the 3rd respondent placed the Petitioner under suspension vide proceedings in Roc.No.438/2024 4 Pts.7, dated 21.12.2024. Subsequently, the Petitioner was reinstated into service on 28.08.2025, pending finalization of the disciplinary proceedings. While so, the 3rd Respondent issued charge memo vide E.Office No.998723/2025 dated 28.08.2025 and initiated departmental proceedings. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Panchayat Secretary Grade-II is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion 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 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 Petitioner’s case for promotion to the Post of Panchayat Secretary Grade-II subject to the Petitioner possessing requisite qualifications in terms of 5 G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 24.09.2025 KLP