APHC010532782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28699/2023 Between: 1. VADDADI VENKATA LAKSHMI, W/O N. BALA VEERA NAGENDRA KUMAR, AGED 35 YEARS, D.NO.36-96-51, RAMJEE ESTATES, KAPPARADA, KANCHARAPALEM, VISAKHAPATNAM-530008, WORKING AS JUNIOR ASSISTANT B.NO.7941 IN GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 2. SRI. M.SANTHOSH,, S/O LATE SATYAM, MALE, AGE 38 YEARS, FLAT NO. 402, RANGAROYALAPARTMENTS, SALNAGAR, LAYOUT, BOYAPALEM, PARADESIPALEM, VISAKHAPATNAM-531163, WORKING AS JUNIOR ASSISTANT B.NO.8136 IN GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 3. SMT. KOLLURU SAILAJAMMA, W/O M. JAGADEESWARA RAO, AGED 37 YEARS, D.NO.7-87/1, SANJAY GANDHI COLONY, PEDAGADILI, HANUMATHIWAKA, VISAKHAPATNAM-530040, WORKING AS JUNIOR ASSISTANT B.NO.7942 IN GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, G.V.M.C. 2. THE GOVERNMENT OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT. 2 3. THE ADMINISTRATIVE OFFICER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 4. SRI NEELAMSETTY NAGESWARA RAO, SA) LATE N.VENKATA RAO WORKING AS JUNIOR ASSISTANT IN GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM.(UN-OFFICIAL RESPONDENT) 5. SMT D PRABHAVATHI, D/O LATE SATYANARAYANA WORKING AS JUNIOR ASSISTANT IN GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM.(UN-OFFICIAL RESPONDENT) ...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 a Writ of Mandamus declaring the action of the 1st and 2nd respondents in implementation of Rule 7 of the Greater Visakhapatnam Municipal Corporation Ministerial Subordinate Service Rules 2014 towards declaration of probation and Rule 16 (h) of Andhra Pradesh State and Subordinate Service Rules 1996 towards change of date of commencement of probation considering the date which would be anterior to a date to his passing of prescribed test for the purpose of seniority as far as the Petitioners are concerned as they were already saved by Rule 24(3) of Greater Visakhapatnam Municipal Corporation Ministerial Subordinate Service Rules 2014 according to which no rule in Rules 2014 shall adversely affect the interests of any person appointed prior to commencement of Rules 2014 which was already clarified by the Government in two earlier cases vide Government Memo No. 747006/D1/2017-3 MAandUD (D1) Department dated 12-06-2018 and Government Memo No. C-700671/D1/2018 MAandUD dated 08-07-2019 as they were already governed by the rules then in force and non- observance of Rule 11(b) of AP Ministerial Service Rules 1998 that mandates tests only for promotion as senior assistants as illegal, arbitrary, without application of mind and therefore direct the 3 respondents to consider the representations dated 07-01-2023 and 23- 06-2023 of the Petitioners in light of the clarificatory orders already issued by the Government so far as the Petitioners are concerned and to effect promotions taking into consideration their date of first appointment as Junior Assistants for the purpose of seniority for promotion as Senior Assistants as per the practice in vogue in the office of first Respondent Corporation till 2022 and pass such other order. IA NO: 1 OF 2023 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 to consider the Petitioners towards determination of Seniority by the date of their first appointment as Junior Assistants for promotion as Senior Assistants as per the saving Clause provided in Rule 24(3) of the Greater Visakhapatnam Municipal Corporation Ministerial Subordinate Service Rules 2014 as per the earlier orders of the Government wherein it was already clarified by the Government in two different cases observing Rule 24 (3) of Rules 2014 and the Petitioners herein pray this Honourable Court to direct the Respondents to consider them for promotion as Senior Assistants considering their representations dated 07-01-2023 and 23-06-2023 which were submitted to the Respondents by referring to the above rule position and pass such other order. IA NO: 1 OF 2024 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 pray this Honourable Court to kindly suspend the revised orders of regularisation of services and declaration of probation issued in proceedings R.C.No.1250/2020/C3, dated 25/02/2024 by the first 4 respondent Greater Visakhapatnam Municipal Corporation and Tentative Seniority List communicated in Circular RC. No. 1390/2024/C3, Dated. 09-02-2024 and to revoke the orders of probation issued in proceedings R.C. No. 1250/2020/C3 dated 04-07-2023 and to restore the seniority list communicated in R.C.No.13445/2018/C3, dated 20-07-2023 as far as petitioners are concerned pending final orders on the Writ Petition filed by the Petitioners in W.P. No. 28699/2023 as they were governed by rule 24 (3) of the G.V.M.C Ministerial Service rules, 2014 and they are eligible for promotion as Senior Assistants under rule 11(b) Annexure-II of Andhra Pradesh Ministerial service rules, 1998 and pass such other order. 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 kindly suspend the conformed seniority list communicated vide Circular R.C.No.3389/2025/C3, Dated 01-06-2025 in violation of rules and suspend all further proceedings proposed in consequence on the said seniority list including the proposed promotions, pending final orders of this Honourable Court in W.P.No.28699/2023 in which the respondents were directed by this Honourable Court to file counters which are awaited yet and it is prayed that this Honourable Court may be pleased to pass such other order. Counsel for the Petitioner(S): 1. B.UMA MAHESWARA RAO Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR SERVICES IV The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28699 of 2023 ORDER: 1. In view of the Letter, dated 25.09.2025 addressed by the learned counsel for the Petitioners Sri B. Uma Maheswara Rao to the Registrar (Judicial), the Petitioners seek permission of the Court to withdraw the Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 4. No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 07.10.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28699 of 2023 Dated: 07.10.2025 IS