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2025 DAILYLAW 58350 (AP)

R V S SESHAGIRI RAO v. THE STATE OF AP

WP/29261/2025 · 2025-10-23

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010562662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29261/2025 Between: 1. R V S SESHAGIRI RAO, S/O NAGABHUSHANAM, AGE 60 YEARS, PRESENTLY WORKING AS EXECUTIVE ENGINEER, AT PUBLIC HEALTH DIVISION, RAJAMAHENDRAVARAM. ...PETITIONER AND 1. THE STATE OF AP, 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 consequently direct the Respondents to forthwith consider Petitioners 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 680 2 Dated 16.07.2025 (incident relating to year 2022) of Municipal Administration 1st and Urban Development (Vig-I) Department of 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 Petitioners case for promotion to next level post of Superintending Engineer as per GO Ms No 257 General Administration (SER.C) Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide GO Rt No 680 Dated 16.07.2025 (incident relating to year 2022) 1st 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: :: ORDER :: Heard Sri S.Srinivasa Rao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents 1 and 2. 2. The petitioner, Executive Engineer, Public Health Division, Rajamahendravaram, filed the above writ petition aggrieved by the action of the 2nd respondent in not considering his case for promotion to the post of Superintending Engineer due to the pendency of the departmental proceedings vide G.O.Rt.No.680 Municipal Administration & Urban Development (Vig.I) Department, dated 16.07.2025 (Ex.P1), as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner was appointed as Assistant Executive Engineer in the year 1992 and was subsequently promoted as Executive Engineer in the year 2017 and has been discharging his duties diligently. 3 4. While the matter stood thus, the 1st respondent issued G. .O.Rt.No.680 Municipal Administration & Urban Development (Vig.I) Department, dated 16.07.2025 (Ex.P1), thereby initiating departmental proceedings against the petitioner. The said inquiry has not been completed so far. Though the petitioner is eligible for promotion, the case of the petitioner has not been considered due to the pendency of the departmental proceedings. 5. 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. 6. Learned Assistant Government Pleader for Services-I, on instructions would submit that the respondents will consider the case of the petitioner falls within the zone of consideration, subject to his fulfilling all the conditions prescribed under G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 7. Given the facts and circumstances of the case, without going into 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 the respondents to consider the case of the petitioner for promotion to the post of Superintending Engineer strictly in accordance with G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is within the zone of consideration, whenever the DPC is conducted. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 24.10.2025 SNI 4 48 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.29261 of 2025 Dated: 24.10.2025 SNI