APHC010549162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28295/2025 Between: 1. B PRAHALAD, S/O. B. KRISHNA MURTHY, AGE 53 YEARS, OCC SANITARY INSPECTOR GRADE-1, NOW WORKING AS MUNICIPAL COMMISSIONER (ON OWN PAY) KAMALAPURAM NAGAR PANCHAYAT, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF A.P., MANGALAGIRI, GUNTUR DISTRICT. ...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 topleased to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Municipal Commissioner Grade-Ill without reference to the charge memo vide G.O.Rt.No. 551 Municipal Administration and Urban Development (Vig.lll-1) Department dated 12.06.2025 (issue relating to the year 2014-2019) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as 2 highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 21 of the Constitution of India and contrary to the orders of this Honble Court and consequentially direct the respondents to promote the petitioner as Municipal Commissioner Grade-Ill in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and 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 pleased to direct the accompanying affidavit. It is further prayed respondents to consider the petitioner claim for promotion to the post of Municipal Commissioner Grade-Ill in terms G.O.Ms.No.257 General Administration Department, 10.06.1999 pending disposal of the above writ petition and dated pass Counsel for the Petitioner: 1. CHAKRADHARA RAJA Y Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 The Court made the following order: The present Writ Petition is filed to declare the action of the Respondents in not considering the Petitioner’s claim for promotion to the post of Municipal Commissioner Grade-III without reference to the charge memo vide G.O.Rt.No.551, Municipal Administration and Urban Development (Vig.III-1) Department, dated 12.06.2025 (issue relating to the year 2014- 2019), as illegal, arbitrary, unjust, discriminatory and contrary to service rules, apart from violation of Articles 14, 16 and 21 of the Constitution of India and contrary to the orders of this Hon’ble Court and consequentially to direct the Respondents to promote the Petitioner as Municipal Commissioner Grade-III in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits. 2. The Petitioner was initially appointed as Sanitary Inspector Grade-II in the year 2000 and is stated to be eligible and qualified for promotion to the post of Municipal Commissioner Grade-III in terms of G.O.Ms.No.257, dated 10.06.1999. However, the Respondents have not considered the Petitioner’s claim for promotion on the ground of pendency of disciplinary proceedings based on the charge memo issued vide G.O.Rt.No.551 dated 12.06.2025. 3. It is stated that the Petitioner has not been found guilty in the disciplinary proceedings and the enquiry is still pending. The Petitioner’s apprehension is that his case would not be considered for promotion due to the pendency of the enquiry. It is in this context, the present Writ Petition has been filed. 4 4. Having heard the respective submissions, this Court is of the opinion that the Petitioner’s case for promotion to the post of Municipal Commissioner Grade-III can be considered in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 without reference to the pendency of the charge memo issued vide G.O.Rt.No.551 dated 12.06.2025. 5. The Writ Petition is disposed of with the following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the post of Municipal Commissioner Grade-III subject to the Petitioner possessing the requisite qualifications in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J 15.10.2025 MH 5 89 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28295 of 2025 Dt.15-10-2025 MH