APHC010535492025 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: 27788/2025 Between: 1. J.SRINIVAS,, S/O SRINIVASA RAO, AGE 57 YEARS, PRESENTLY WORKING AS EXECUTIVE ENGINEER, AT VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-II) DEPARTMENT, AP GOVT SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT OPP MANIPAL HOSPITAL, TADEPALLI, 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 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 Superintending Engineer by the Respondents 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 2 consequently direct the Respondents to forthwith consider Petitioner's case promotion to next level cadre post of Superintending Engineer 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 GO Rt No 767 Dated 04.10.2024 of Municipal Administration and Urban Development (Vig-I) Department of 1st Respondent and to 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 to direct the Respondents to consider Petitioner’s case for promotion to next level post of Superintending Engineer 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 GO Rt No 767 Dated 04.10.2024 of Municipal Administration & Urban Development (Vig-I) Department of 1®* Respondent and to pass Counsel for the Petitioner: 1. S SRINIVASA RAO 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.27788 of 2025 ORDER : The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer as illegal and arbitrary. 2. The Petitioner was initially appointed as an Assistant Executive Engineer in the year 1997 in Public Health and Municipal Engineering Department and subsequently, he was promoted as Deputy Executive Engineer in the year 2007. It is stated that now he is eligible and qualified for promotion to the post of Superintending Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.767, dated 04.10.2024 alleging that the Petitioner while working as Deputy Executive Engineer at Guntur Municipal Corporation has check measured and recommended payment despite inferior quality of CC work in work No.7 providing CC roads to C Blocks of Vambay colony in 56th division in Krishna District. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion 4 for the post of Superintending Engineer is being considered and 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. 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Superintending Engineer 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 Superintending Engineer 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. 5 As a sequel, the miscellaneous petitions if any, shall stand dismissed. __________________ NYAPATHY VIJAY, J Date: 09.10.2025 KLP