I IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT the honourable SRI JUSTICE SUBBA REDDY SATtS^SJ WRIT PETITION NO: hf :: AMARAVATI o J to f '■ Between: A. Venkateswarlu, S/o A.Kotaiah, 60 years, Occ; Assistant Director of Municipal Administration Presently working as Municipal Commissioner, udur Municipality, Tirupati District. (SPSR Nellore District). ...PETITIONER AND rep by its Principal Secretary, Municipal Administration and Urban Development Department, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal A.P. Mangalagiri, Guntur District 1. The State of Andhra Pradesh Secretariat. Administration, State of ...RESPONDENTS Petition under Article 226 of the the circumstances stated i Constitution of India praying that in in the affidavit filed therewith, the High Court e pleased to issue an appropriate order may or directions more particularly. in the nature of Writ of Mandamus, respondents not considering the petitioner of Municipal Commissioner Grade one declaring the action of the claim for promotion to the post -1 without reference to the charge G.O.R,.No.641 Municipal Administration and Urban Development (Vig II) Department dated 11.07.2014 in terms of G.O.Ms.No.257 dated 10.06.1999 memo General as highly illegal, arbitrary, 14 and 16 orders of this to promote the Administration Department unjust, discrimination unconstitutional and violation of Article and 21 of the Constitution of India and contrary to the Hon’ble Court and consequentially direct the respondents 4 petitioner as Municipai Commissioner Grade-1 in terms G.O.Ms.No.257. General Administration consequential benefits. Department, dated 10.06.1999 with all lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances m support of the petition, the High Court may be respondents consider the petitioner claim promotion to the post of Municipal Commissioner G.O.Ms.No.257, General Administration for Grade-1 in terms Department, dated 10.06.1999 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T. Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES IV The Court made the following: ORDER S. N. SUDHAKAR ^— a. APHC010047422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] 0^^ TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2531/2025 Between; VENKATESWARLU, S/0 A.KOTAIAH, AGED 60 YEARS. OCC MUNICIPAL ADMINISTRATION 1.A ASSISTANT DIRECTOR OF PRESENTLY WORKING AS MUNICIPAL COMMISSIONER GUDUR MUNICIPALITY. TIRUPATI DISTRICT. ( SPSR NELLORE DISTRICT). ...PETITIONER AND STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEVELOPMENT DEPARTMENT SECRETARIAT. VELAGAPUDI. AT AMARAVATHI. GUNTUR DISTRICT. 1.THE AND URBAN MUNICIPAL ADMINISTRATION MUNICIPAL GUNTUR AND DIRECTOR OF COMMISSIONER 2.THE ADMINISTRATION, STATE OF A.P. MANGALAGIRI. 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 appropriate order or directions more pleased to pleased to issue an 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-1 without reference to the charge memo G.O.Rt.No.641 Municipal Administration and Urban Development (Vig.ll) General terms of G.O.Ms.No.257 Department dated 11.07.2014 in Administration Department, dated 10.06.1999 as highly illegal, arbitrary 2 unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 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 Administration Department, dated 10.06.1999 with all consequential benefits and pass Commissioner Grade-1 in terms G.O.Ms.No.257. General 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 to direct the respondents consider the petitioner claim for promotion to the post of Municipal Commissioner Grade-1 in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent{S): 1.GP FOR SERVICES IV The Court made the following; :: ORDER :: Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for the respondents. 2. The petitioner. Assistant Director of Municipal Administration, presently working as Municipal Commissioner filed the above writ petition in not considering his case for promotion to the post of Municipal Commissioner Grade-1 due to the pendency of the charge memo, as illegal and arbitrary. 3. A charge memo vide G.O.Rt.No.641 Municipal Administration & Urban Development (Vig.ll) Department, dated 11.07.2014 (Ex.P1) was issued to the -ne ‘ 3 petitioner. Petitioner submitted a written defence/explanation on 15.11.2014 (EX.P2). 4. Learned counsel for the petitioner would submit that an inquiry officer was appointed. However, the inquiry has not been completed so far. Learned counsel would also submit that due to the pendency of the aforementioned charge memo, the respondent authorities are not considering the case of the petitioner for promotion though he is eligible for promotion. At the hearing, learned counsel for the petitioner confined his arguments and urged to direct the respondents to consider the case of the petitioner for promotion in promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 6. 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 t. with the consent of both the learned counsel, directing the respondents to consider the case of the petitioner for promotion, strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, whenever DPC is conducted. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. 7. Sd/- K. TATA RAO DEPUTY REGISTRAR /■ t //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal Administration, State of A.P., Mangalagiri, Guntur District 3. One CC to Sri T. S. N. Sudhakar, Advocate [OPUC] 4. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb HIGH COURT DATED:04/02/2025 * 13 FEB 2025 g) O Co/ ^ Current oecuon ORDER WP.No.2531 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS