IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2774 OF 2025 Between: B. S. Girl Kumar, S/o. Mallikarjunarao, Aged 61 years, Occ: Special Grade Municipal Commissioner, Presently working as Municipal Commissioner Srikalahasti Municipality, Tirupati District. (Chittoor 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. 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 Selection Grade Municipal Commissioner without reference to the charge memo G.O.Rt.No. 798 Municipal Administration and Urban Development (Vig.ll) Department dated 25.10.2022 in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 as highly illegal, arbitrary.unjust, discrimination, unconstitution al and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to f promote the petitioner as Selection Grade Municipal Commissioner 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 writ petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Selection Grade Municipal Commissioner 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: GP FOR SERVICES IV The Court at the stage of admission made the following: ORDER APHC010051352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2774/2025 Between: 1.B S GlRl KUMAR, S/0 MALLIKARJUNARAO, AGED 61 YEARS, OCC. SPECIAL GRADE MUNICIPAL COMMISSIONER, WORKING AS MUNICIPAL COMMISSIONER MUNICIPALITY, TIRUPATI DISTRICT. (CHITTOOR DISTRICT) PRESENTLY SRIKALAHASTI ...PETITIONER AND 1.THE STATE OF AP, 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 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 Selection Grade Municipal Commissioner without reference to the charge memo G.O.Rt.No. 798 Municipal Administration and Urban Development (Vig.ll) Department dated 25.10.2022 in terms of G.O.Ms.No.257, General 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 Hon'ble Court and consequentially direct the respondents to promote the petitioner Selection Grade Municipal Commissioner in terms G.O.Ms.No.257, General Administration Department, 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 Selection Grade Municipal Commissioner in terms G.O.Ms.No.257, General Administration Departmient, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: as 1.TSNSUDHAKAR 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. The petitioner. Special Grade Municipal Commissioner, presently working as Municipal Commissioner, Srikalahasti Municipality, filed the above writ petition in not considering his case for promotion to the post of Selection Grade Municipal Commissioner due to the pendency of the charge memo illegal and arbitrary. 2. as 3. A charge memo vide G.O.Rt.No.798 Municipal Administration & Urban Development (Vig.ll) Department, dated 25.10.2022 (Ex.P1) was issued to the 3 petitioner. Petitioner submitted a written defence/explanation on 19.12.2022 (Ex.P2). 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 terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 5. 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 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. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of AP, 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 C.D. Copies. Cnr HIGH COURT DATED:04/02/2025 ORDER 13 FEB 2025 WP.No.2774 of 2025 Co, . Curreiu oecaun DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS