1 KM, J WP No. 32369 of 2025 APHC010626262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32369/2025 Between: 1. J. DAVID ANAND KUMAR,, S/O LATE AMRUTHA RAO, AGE 60 YEARS, PRESENTLY WORKING AS JUNIOR PLANNING OFFICER, AT KAKINADA URBAN DEVELOPMENT AUTHROITY (KAUDA) KAKINADA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, , REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI. ...RESPONDENT(S): 2 KM, J WP No. 32369 of 2025 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 tomay 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 Respondents in not considering Petitioners case of promotion to the post of Assistant Director/ Assistant City Planner 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 the Petitioner's case of promotion to the next level cadre post of Assistant Director/Assistant City Planner without referring the Common Disciplinary Proceedings in G.O.Rt.No 776 Dated 07.10.2024 of Municipal Administration and Urban Development(Vig.lll) Department and as per GO Ms No 66 General Administration (SERVICES-C) Director, Dated 30.1.1991 and as per law and to pass such 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 may be pleased to direct the Respondent to consider Petitioner’s case of promotion to the next level cadre post of Assistant Director/ Assistant City Planner as per GO Ms No Dated66 General Administration (SER.C) Director 30.1.1991 and as per law without referring the Common Disciplinary Proceedings in G.O.Rt.No 776 Dated 07.10.2024 of Municipal Administration & Urban Development(Vig.lll) Department and to pass such Counsel for the Petitioner: S SRINIVASA RAO Counsel for the Respondent(S):1. GP FOR SERVICES I 3 KM, J WP No. 32369 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32369 OF 2025 The Court made the following Order: Heard Sri S. Srinivasa Rao, learned counsel for petitioners, learned Assistant Government Pleader for Services-I, appearing for the respondents. 2. The petitioner, who is working as a Junior Planning Officer at the Kakinada Urban Development Authority. In a common disciplinary proceedings initiated against the petitioner and others, the petitioner was shown at serial no. 9. However, he was not working at the time the sudden checks were conducted by the ACB in Nellore Municipal Corporation. It is contended that the petitioner is due for promotion; however, the respondents are not considering the petitioner's case, as disciplinary proceedings are pending. It is stated that, placing reliance on G.O.Ms.No.66 dated 30-01-1991, the disciplinary proceedings are deemed to be pending only after the charges are framed against the employee. It is further contended that mere initiation of the disciplinary proceedings would not amount to actual commencement of the disciplinary proceedings. Placing reliance 4 KM, J WP No. 32369 of 2025 on the said G.O.Ms.No.66, the petitioner seeks consideration of his case for promotion. The learned counsel for the petitioner further places reliance on the decision of the coordinate Bench in W.P.No.17683 of 2025 prays for passing of the similar order in the present case also. 3. Considered the submissions and having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition at the stage of admission. 4. Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the case of the petitioner for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.MS.No.66, General Administration (Services-C) Department, dated 30.01.1991. No costs. Consequent thereto, Interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 21-11-2025. JAK 5 KM, J WP No. 32369 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 323639/2025 Date : 21.11.2025. JAK