IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2193 OF 2025 Between; M.V.Siva Prasad, S/o Late Seshaiah, Age 53 years, Presently working as Town Planning Supervisior At Ongole Municipal Corporation. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development (VIG-I) Department, Secretariat Buildings, Velagapudi, Amravati, Guntur District. The Directorate of Town and Country Planning, Represented by its Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, MGM Capital, Ground Floor, NRI Hospital, Junction, Mangalagiri, Guntur District, Amravati. 1. 2. ...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 in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioners case for promotion to the post of Town Planning Officer at 2""^ Respondent Directorate of Town & Country Planning which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the 2"^^ Respondent to forthwith consider Petitioners case promotion to next level cadre post of Town Planning Officer as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Charge No 1595/2020/M 1-37 Dated 20.8.2020 and consequent Departmental Proceedings in Go Rt No 776 Dated 7.10.2024 and Go Rt No 639 Dated 13.9.2023 of 1®* Respondent. lA NO: 1 OF 2025 Memo common 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 may be pleased to direct the Respondents to consider Petitioner’s case for promotion to next level post of Town Planning Officer as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and per law without referring the pending Departmental proceedings vide Charge Memo No 1595/2020/M 1-37 Dated 20.8.2020 and consequent common Departmental Proceedings in Go Rt No 776 Dated 7.10.2024 and Go Rt No 639 Dated 13.9.2023 of 1"‘ Respondent. Counsel for the Petitioner: SRI S.SRINIVASA RAO Counsel for the Respondent Nos. 1 & 2: SRI S.RAJU, AST.GP FOR SERVICES-I as The Court made the following: ORDER r APHC010042902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2193/2025 Between; 1.M.V.SIVA PRASAD. S/0 LATE SESHAIAH, AGE 53 YEARS, PRESENTLY WORKING AS TOWN PLANNING SUPERVISIOR AT ONGOLE MUNICIPAL CORPORATION. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION AND URBAN 2.THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF MGM CAPITAL, GROUND FLOOR, NRI MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH, HOSPITAL, JUNCTION AMRAVATI. ...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 issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioners case for promotion to the post of Town Planning Officer at 2nd Respondent Directorate of Town and Country SRS,J W.P.No.2193 of 2025 Planning which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the 2nd Respondent to forthwith consider Petitioners case promotion to next level cadre post of Town Planning Officer as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Charge Memo No 1595/2020/M 1-37 Dated 20.8.2020 and consequent common Departmental Proceedings in Go Rt No 776 Dated 7.10.2024 and Go Rt No 639 Dated 13.9.2023 of 1st Respondent 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 may be pleased to direct the Respondents to consider Petitioner’s case for promotion to next level post of Town Planning Officer as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Charge Memo 1595/2020/M 1-37 Dated 20.8.2020 and consequent Departmental Proceedings in Go Rt No 776 Dated 7.10.2024 and Go Rt No 639 Dated 13.9.2023 of 1®* Respondent and to pass Counsel for the Petitioner: No common 1.S SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER:: The petitioner. Town Planning Supervisor, Ongole Municipal Corporation, filed the above writ petition to declare the action of respondent authorities in not considering his case for promotion to the post of Town Planning Officer, due to pendency of charge memos, as illegal and arbitrary. Page 3 of 5 SRS.J W.P.No.2193 of 2025 Heard Sri S. Srinivasa Rao, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services - I appeared for respondents. 2. A charge memo vide No.1595/2020/IVl1-37, dated 20.08.2020 (Ex.P1) was issued against the petitioner. The petitioner submitted an explanation vide Ex.P2. Common disciplinary proceedings were initiated against the petitioner and others vide G.O.Rt.No.776 Municipal Administration & Urban Development (Vig.lll) Department, dated 07.10.2024 (Ex.P3). Another charge memo vide G.O.Rt.No.639 Municipal Administration & Urban Development (Vig.lll) Department, dated 13.09.2023 (Ex.P4) was issued against the petitioner. 3. a '■ s 4. Learned counsel for the petitioner would submit that though the petitioner is eligible for promotion, the respondent authorities are not considering his case for promotion, due to the pendency of the aforementioned charge memos. At the hearing, learned counsel for the petitioner would confine his arguments and urge to direct respondent No.2 to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. 6. Learned Government Pleader for Services - I did not refute the submission made by learned counsel for the petitioner. 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 respondent No.2 to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 7. SRS.J W.P.No.2193 of 2025 General Administration (Ser.C) Department, dated 10.06.1999, as and when the DPC is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// /f' SECTION OFFICER To. 1. The Principal Secretary, Municipal Administration and Urban Development (VIG-I) Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amravati, Guntur District. The Director, Directorate of Town & Country Planning, Municipal Administration & Urban Development Department, Government of Andhra Pradesh, MGM Capital, Ground Floor, NRI Hospital, Junction, Mangalagiri, Guntur District, Amravati. One CC to Sri S.Srinivasa Rao, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] Three CD Copies 2. 3. 4. 5. gi HIGH COURT DATED:30/01/2025 ORDER * 01 MAR 2025 ^ . Current s>ecuon WP.No.2193 of 2025 o\ 09, DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS