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2025 DAILYLAW 6190 (AP)

G RAGHUNATH REDDY v. THE STATE OF AP

WP/3010/2025 · 2025-02-05

Subba Reddy Satti

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3010 OF 2025 Between: G. Raghunath Reddy, S/o Chinnapa Reddy, Aged 60 years, Occ; Municipal Commissioner Grade-1, Bappatia Municipality, Bappatia District. (Guntur District). ...PETITIONER AND 1. The State of A.P. rep by its Principal Secretary, Municipal Administration & Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner & 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, in the nature of WRIT OF MANDAMUS, declaring the action of the one respondents not considering the petitioner claim for promotion to the post of Special Grade Municipal Commissioner without reference to the charge memo vide G.O.Rt.No. 725 Municipal Administration & Urban Development (Vig.lll) Department dated 30.10.2023 and G.O.Rt.No. 164 Municipal Administration Urban Development (Vig.lll) Department dated 09.02.2024 in terms of G.O.Ms.No.257 & General Administration as highly illegal, arbitrary, unjust. Department, dated 10.06.1999 discrimination, unconstitutional and violation of Articles 14 and 16 & 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 Special 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 petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Special 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 Respondent Nos. 1 & 2: SRI S. RAJU, ASST.GP FOR SERVICES-IV The Court made the following: ORDER APHC010056512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] n-r WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3010/2025 Between: ...PETITIONER G Raghunath Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.TS N SUDHAKAR 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, for respondents 1 and 2. The above writ petition is filed to declare the respondents' action in not considering the petitioner’s claim for promotion to the post of Special Grade Municipal commissioner, as illegal and arbitrary. 2. (a) A charge memo vide G.O.Rt.No.725 Municipal Administration & Urban Development (Vig.lll) Department, dated 30.10.2023 (Ex.P.1) was issued to the petitioner. The petitioner submitted a written defence as an 3. 2 > explanation (Ex.P.2). Another charge memo vide G.O.Rt.No.164 Municipal Administration & Urban Development (Vig.lll) Department, dated 09.02.2024 (Ex.P.3) was issued to the petitioner. The petitioner submitted a written defence as an explanation (Ex.P.4). 4. Learned counsel for the petitioner petitioner is eligible for promotion considering his case for promotion due to the charge memos. Learned counsel confined his to direct the respondents to consider the post of Special Grade Municipal Commissioner in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 5. Learned Assistant Government Pleader for Services said submission. would submit that though the the respondent authorities are not pendency of the aforementioned arguments and urged the Court petitioner’s case for promotion to the 10.06.1999. did not refute the 6. Given the facts and circumstances of the merits of the matter, the Writ Petition i with the consent of learned counsel to consider the petitioner's case for promotion to the post of Special Grade Municipal Commissioner, if his case is in the zone of consideration strictly in terms of G.O.Ms.No.257, dated 10.06.1999 as and when DPC is constituted. No order as to costs. case, without touching the is disposed of, at the admission stage, either side directing respondents 1 & 2 on 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 & Urban Development Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner & Director of Municipal Administration Andhra Pradesh, 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 5. Three CD Copies. State of Pradesh. [OUT] gi HIGH COURT DATED:05/02/2025 ORDER WP.No.3010 of 2025 f ^ 3 FEB 2025 ^ C***Tent ti«c(ion DISPOSING THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS