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2025 DAILYLAW 58334 (AP)

B. Solman Raju, v. The State of A.P.

WP/29036/2025 · 2025-10-22

Subba Reddy Satti

body2025

Judgment text

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APHC010561592025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE-SUBBA REDDY SATTI WRIT PETITION NO: 29036 OF 2025 Between: B. Solman Raju, S/o. Jesudas, Aged 60 years, Occ- Manager/Revenue Officer Category - III, Working as Superintendent, O/o. Commissioner and Director of Municipal Administration (CDMA), Mangalagiri, Guntur District. ...Petitioner AND 1. The State of AP, rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, At Amaravathi, Guntur District. I 2. The Commissioner and Director of Municipal Administration, State of A.P., Mangalagiri, Guntur District. ...Respondents 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 Manager /Revenue Officer Category - II 'without reference to charge memo vide G.O.Rt.No. 535, Municipal Administration and Urban Development (VIG.I) Department dated 28.08.2019 (issue relating to the year 2014-2015) in terms of G.O.Ms.No.257, General Administration Qepartment, dated 10.06.1999 as 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 Manager/Revenue Officer Category- 11 in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits. 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 to consider the petitioner claim for promotion to the post of Manager/Revenue Officer Category-ll 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: SRI T S N SUDHAKAR Counsel for the Respondents No.1, 2: GP FOR SERVICES I The Court made the following order: APHC010561592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) sh [3331] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29036/2025 Between: 1.B. SOLMAN RAJU,, S/O. JESUDAS. AGED 60 YEARS, OCC- MANAGER/REVENUE OFFICER CATEGORY - III WORKING AS SUPERINTENDENT 0/0. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION (CDMA), MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND 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 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 Manager /Revenue Officer Category - II without reference to charge memo vide G.O.Rt.No. 535 Municipal Administration and Urban Development (VIG.I) Department dated 28.08.2019 (issue relating to the year 2014-2015) in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as 1^ 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 Category-ll in terms G.O.Ms.No.257 dated 10.06.1999 with all consequential benefits and pass 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 to consider the petitioner claim for promotion to the post of Manager/ Revenue Officer Category-ll 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 1 The Court made the following: Manager/ Revenue Officer General Administration Department :: ORDER:: The petitioner, Manager/Revenue Officer Category — 111, working as Superintendent, Office of the Commissioner & Director of Municipal Administration (CDMA), Mangalagiri, filed the above writ petition to declare the action of respondent authorities in not considering his claim for promotion to the post of Manager/Revenue Officer Category - 11, due to the pendency of a charge memo issued vide G.O.Rt.No.535, Municipal Administration & Urban Development (VIG.1) Department, dated 28.08.2019 in G.O.Ms.No.257 General Administration (Ser.C) Department. *.. 10.06.1999, as illegal and arbitrary. Heard Sri T.S.N. Sudhakar, learned counsel for the petitioner, and Sri Raju, learned Assistant Government Pleader for Services - 1 appeared for respondents 1 & 2. terms of dated 2. Learned counsel for the petitioner would submit that charges were levelled against the petitioner vide G.O.Rt.No.535, Municipal Administration & Urban Development (VIG.1) Department, dated 28.08.2019, regarding the lapses on the part of the petitioner for the year 2014-2015. Learned counsel would also submit that the Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing the timelines to complete the inquiry within six months in complicated cases and three months in simple cases, respectively. Learned counsel would further submit that the inquiry officer completed the inquiry; however, the petitioner is not aware whether the inquiry officer submitted a report to the disciplinary authority or not. 3. 4. Sri Raju, learned Assistant Government Pleader, on instructions, would submit that the respondent authorities will consider the petitioner’s case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 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 with the consent of both the learned counsel, directing respondents 1 & 2 to consider the case of the petitioner for promotion to the post of Manager/Revenue Officer Category - II 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. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. .. ox i. < 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 ! High Court of Andhra Pradesh [OUT] 5. Two CD Copies gsg & HIGH COURT DATED:23/10/2025 ORDER WP NO. 29036 OF 2025 gf 0 5 NOV 2025 'O^iirrent Sectm^^ 0'S Or DISPOSING THE WP WITHOUT COSTS