APHC010537052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27784/2025 Between: 1. G. SATYANARAYANA,, S/O. G. RAMA RAO (LATE) AGED 42 YEARS, OCC JUNIOR ASSISTANT, O/O. THE DISTRICT COLLECTORATE, ANAKAPALLE, ANAKAPALLE DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION CCLA, STATE OF A.P., VIJAYAWADA, NTR DISTRICT. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, ANAKAPALLE DISTRICT, ANAKAPLLE. ...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 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 Senior Assistant without reference to the charge memo vide Government Memo No. 11734A/ig.lll 2 (1)/2015 (2) dated 25.10.2018 (charge memo not communicated to the petitioner) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Senior Assistant in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits 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 direct the respondents to consider the petitioner claim for promotion to the post of Senior Assistant in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition Counsel for the Petitioner: 1. BOBBA HARI PRASAD REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.27784 of 2025 ORDER : The present Writ Petition is filed declaring the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo No.11734/Vig.III(1)/2015 dated 25.10.2018 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Senior Assistant. 2. The case of the Petitioner is that he is eligible and qualified for promotion to the post of Senior Assistant. The 3rd Respondent issued draft eligible list for promotion to the post of Senior Assistant on 11.10.2021 and 01.01.2022 and in the draft eligibility list, the Petitioner was placed at Sl.No.1 and in the remarks column, it is mentioned that disciplinary proceedings are pending. 3. The apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Learned Assistant Government Pleader Sri S.Raju would submit that the case of the Petitioner would be considered in terms of G.O.Ms.No.257 dated 10.06.1999. 4 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Senior Assistant can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 6. The Writ Petition is, therefore, disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Senior Assistant subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs As a sequel, the miscellaneous petitions if any, shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 09.10.2025 KLP