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2025 DAILYLAW 49676 (AP)

D SOMA SEKHAR YADAV v. THE STATE OF ANDHRA PRADESH

WP/26196/2025 · 2025-09-23

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010508792025 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: 26196/2025 Between: 1. D SOMA SEKHAR YADAV, S/O. D. SAMBAYYA, AGED ABOUT 60 YEARS, MANAGER, GUDUR (T) MUNICIPALITY, TIRUPATI DISTRICT, ARIDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE COMMISSIONER DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF ANDHRA PRADESH, GORANTLA, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. N SRIHARI Counsel for the Respondent(S): 2 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26196 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memos bearing G.O.Rt.Nos.318 and 320 Municipal Administration and Urban Development (Vig.II) Department, dated 17.04.2025 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Category-I Manager in Municipal Administration Department in terms of G.O.Ms.No.257, dated 10.06.1999. 2. The Petitioner took charge as Category-II Manager, Gudur (T) Municipality, Tirupati District on 12.09.2024 and worked in the same capacity till 07.02.2025 and subsequently, he came on deputation on Foreign Services to Vigilance and Enforcement Department, Vijayawda and reported to his duties at the office on 08.02.2025. Later, the Petitioner was posted to Guntur Unit and took charge on 13.02.2025. It is stated that while the Petitioner is due for promotion to the post of Category-I Manager in Municipal Administration Department, Charge Memos were issued to the Petitioner vide G.O.Rt.Nos.318 and 320 Municipal Administration 4 and Urban Development (Vig.II) Department, dated 17.04.2025 under Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. 3. It is stated that after serving the above charge memos, the Petitioner submitted statement of defence refuting the aforesaid charges and enquiry is stated to be pending. While so, the promotion for the post of Category-I Manager in Municipal Administration Department 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 promotion to the post of Category-I Manager in Municipal Administration Department can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of with following directions: 5 i) The Respondents are directed to consider the Petitioner’s case for promotion to the post of Category-I Manager in Municipal Administration Department subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 24.09.2025 Ivd 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26196 of 2025 Dated 24.09.2025 Ivd