IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE / V:- f «r lO PRESENT / THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN / WRIT PETITION NO: 11812 OF 2025 Between: Shaik Jeelani Basha, S/o ShaikJamali Aged about 60 years, Occ- Extension Officer(PR and RD) Besthavaripet Mandal.Prakasam District ...PETITIONER AND 1. The Government of Andhra Pradesh, Represented by its Principal Secretary , Panchayat Raj and Rural Development, Secretariat, Velagapudu, Amaravathi. GuhtUf District. 2. The Commissioner of Panchyat Raj and Rural Development, TAdepalli Guntur District. 522501 3. The District Panchayat Officer, Palanadu District at NaraSaraopet. 4. The District Collector and Magistrate, Palanadu District at Narasaraopet 5. The District PanchayatOffcier, Guntur District at Guntur 6. The District Collector and Magistrate, Guntur District at Guntur. ...RESPONDENTS / under Article 226 of the Constitution of India praying that in Petition the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly in the nature of writ ,of Mandamus declaring the action of the Respondents in not of the petitioner for promotion on his Representation of Mandal Parishat Development considering the case Dated 15.9.2023 to the post Officer(MPDO), on the ground of pendency of a Charge memo issued by vide Memo No. 534584/CPR and RD/N1/2018 Dated N0.534584/CPR and the 2nd Respondent consequential proceedings and 28,6.2023 RD/N1/2018, Dated 5.7.2023, is illegal arbitrary and unconstitutional being 16 Of Constitution of India and consequently violative of Articles 14 and direct the Respondents to consider the case of the petitioner for promotion Parishat Development Officer(MPDO) as per his to the post of Mandal seniority without reference to Charge memo issued by the 2nd Respondent vide Memo No. 534584/CPR and RD/N1/2018 Dated 28.6.2023 and 534584/CPR and RD/N1/2018, Dated consequential proceedings NO 5.7.2023, in terms of Department G.O.MS'Np. 257 General Administration (Ser-C) dated 10.06.1999, with all consequential benefits. lA NO: 1 OF 2025 under Section 15l' cHC praying that in the circumstances Petition stated in the affidavit filed in support of the petition, the High Court may be direct the Respondents:to consider the case of the petitioner for the post of Mand^Parishat Development Officer(MPDO) as issue by the 2nd pleased to promotion to his seniority without referehce to Charge memo NO.534584/CPR&RD/N1/2018 Dated:28.6.2023 per respondent vide Memo and consequential Dated;5.7.2023,. in terms C) Department, dated Petition. NO.534584/CPR&RD/N1/2018. proceedings of G.C).Mk:No. 257 General Administration (Ser- 10.06.1999, forthwith. Pending Disposal of this Writ / ■ / for the Petitioner(s): SRI. S SYAMSUNDER RAO Counsel for the Respondent Nos.1,2,3,& 5: GP FOR SERVICES I Counsel for the Respondent Nps,4 & 6: GP FOR REVENUE the Court made the following: ORDER Counsel / \ .t".. .'•Ji. in terms C) Department, dated Petition. NO.534584/CPR&RD/N1/2018. proceedings of G.C).Mk:No. 257 General Administration (Ser- 10.06.1999, forthwith. Pending Disposal of this Writ / ■ / for the Petitioner(s): SRI. S SYAMSUNDER RAO Counsel for the Respondent Nos.1,2,3,& 5: GP FOR SERVICES I Counsel for the Respondent Nps,4 & 6: GP FOR REVENUE the Court made the following: ORDER Counsel / \ .t".. .'•Ji. APHC010230622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11812/2025 Between: ...PETITIONER Shaikjeelanibasha AND Thegovernment Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S SYAMSUNDER RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 HCGR,J W.P.No.11812 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...may be pleased to Issue a writ, order or direction more particularly in the nature of writ of Mandamus declaring the action of the Respondents in not considering the case of the petitioner for promotion on his Representation Dated 15.9.2023 to the post of Mandal Parlshad Development Offlcer(MPDO) on the ground of pendency of a Charge memo issued by the 2”^ Respondent vide Memo N0.534584/CPR and RD/N1/2018, Dated 28.6.2023 and consequential proceedings No.534584/CPR and RD/N1/2018 Dated 5.7.2023 is illegal, arbitrary and unconstitutional being violative of Articles 14 and 16 of Constitution of India and consequently direct the Respondents to consider the case of the petitioner for promotion to the post of Mandal Parishad Development Officer(MPDO) as per his seniority without reference to Charge memo issued by the 2"^ Respondent vide Memo No 534584/CPR and RD/N1/2018 Dated 28.6.2023 and consequential proceedings No.534584/CPR and RD/N1/2018, Dated 5.7.2023 in terms of G.O.Ms.No.257 General Administration Ser-C Department dated 10.06.1999 with all consequential benefits and to pass....’’ Heard Sri S.Syam Sunder Rao, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for respondents. The petitioner is presently working as Extension Officer, 3. Panchayat Raj and Rural Development and he is stated to be due for promotion to the post of Mandal Parishad Development Officer(MPDO). He has been issued Charge Memo by the 2^^ respondent vide Memo NO.534584/CPR&RD/N1/2018, dated 28.06.2023 alleging that while he was working as Panchayat Secretary(Grade-l), Pedakakani during the period from 01.04.2009 to 01.08.2009, he collected an amount of Rs.2,03,880/-(Rupees two) lakhs three thousand eight hundred and eighty only) towards taxes and 3 HCGR,J W.P.No.11812 of2025 amounting to (CC & A) Rules, 1964. proceedings vide Proceedings 07.2023. making some allegations of the petitioner stated to have the said amount was not remitted to the Gram Panchayat funds! misappropriation and violation of provisions of AP CS A Thereafter, the 2"^^ respondent issued NO.534584/CPR&RD/N1/2018, dated 05. misappropriation against the petitioner, for which submitted explanation refuting the pending. same. The enquiry is still stated to be 4. Learned counsel for the petitioner states issued when the petitioner’s that charge memo was case was under consideration for promotion to the post of Mandal Parishad Development Officer(IVIPDO) that it would suffice, if and he would urge a direction to be given to the respondents his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C), Department, dated 10.06.1999. to consider 5. Learned Government Pleader for Servioes-I did not refute the submissions of the learned counsel for the petitioner. 6. Given the facts and the merits of the matter, the Writ Petition i both the learned counsel, at the stage of admission to consider the petitioner’s circumstances of the case, without touching IS disposed of, with the consent of directing the respondents case for promotion to the post of Mandal Parishad Developmenf Officer (MPDO) in terms of G.O.Ms.No.257, dated 10.06.1999 the petitioner is in the zone of consideration , if and fulfills all requisite qualifications. There shall be no order as to costs. I— 4 HCGRJ W.P.No.ll812of2025 As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K J RAJA BABU ^ -tEGlSTRAR n OFFICER //TRUE COPY// ASSISTAN rf SEC To The Principal Secretary , Panchayat Raj and Rural Development, Secretariat, Velagapudu, Amaravathi. Guntur District, of Panchyat Raj and Rural Development, TAdepalli, 1. The Commissioner Guntur District. 522501 District Panchayat Officer, Palanadu District at NaraSaraopet. Collector and Magistrate, Palanadu District at Narasaraopet 2. The 3. 4. The District 5. The District Panchayat Offcier, Guntur District at Guntur District Collector and Magistrate, Guntur District at Guntur. Sri. S Syamsunder Rao, Advocate [OPUC] ^ GP FOR SERVICES I ,High Court Of Andhra Pradesh. 6. The 7. One CCto 8. Two CCs to [OUT] 9. Two CCs to GP For Revenue High Court of Andhra Pradesh [OUT]. Three CD Copies 10. AL HIGH COURT DATED:05/05/2025 ORDER WP.No.11812 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS i I I is I fV