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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3126 OF 2025 > A Between: Mr.K. V. Satyanarayana, S/o.Satyanarayana, Aged 47 years R/o.4-5-26/7, Flat no. 002, Vidyanagar 4/1, Patnayak Towers, Guntur, Guntur District. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by Its Principal Secretary, Municipal Administration and Urban Development, (VIG-III) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Directorate of Town and Country Planning, Represented by Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, MGM Capital, Ground Floor Hospital Junction, Mangalagiri, Guntur District, Amaravati. its NRI ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass an appropriate order may or writ of mandamus by declaring the action of the Respondents in not considering case of Petitioner for promotion to the post of Town Planning Officer at 2"^ Respondent, Directorate of Town and Country Planning 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 consider the case of post i.e,. Town Planning (SER.C) Director consequently direct the Respondent to forthwith Petitioner's for promotion to the next higher level Cfficer as per G.O. Ms. No. 257 General Administration
Datsd 10.6.1999 and as par law without raferring tha panding Dapartmantal procaadings vida G.O.RT.No.39 Datad 08.01.2024 of Municipal Administration and Urban Davalopmant (VIG.II) Dapartmant of Raspondant. St 1 lA NO: 1 OF 2025 Patition undar Saction 151 CPC praying that in tha circumstancas statad in tha affidavit filad in support of tha patition, tha High Court may ba plaasad to diract tha Raspondants to considar Patitionar's casa for promotion to naxt highar cadra post i.a.. Town Planning Officar as par G.O. Ms. No. 257 Ganaral Administration (SER.C) Diractor Datad 10.6.1999 and par law without rafarring tha panding Dapartmantal procaadings vida G.O. RT. No. 39 Datad 08.01.2024 of Municipal Administration & Urban Davalopmant (VIG.II) Dapartmant of Raspondant panding disposal of tha Writ Patition in tha intarast of Justica.
as Counsel for the Petitioner: SRI SAZID KALLUR Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES IV The Court made the following: ORDER
APHC010059852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY. THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3126/2025 Between:
1.K V SATYANARAYANA, S/O.SATYANARAYANA, AGED 47 YEARS R/O.4-5-26/7, FLAT NO. 002, VIDYANAGAR 4/1, TOWERS,GUNTUR, GUNTURDISTRICT. PATNAYAK ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT, (VIG-III) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION AND 2.THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR. MUNICIPAL ADMINISTRATION DEVELOPMENT DEPARTMENT, URBAN GOVERNMENTANDHRA PRADESH, FLOOR, NRI HOSPITAL JUNCTION. DISTRICT, AMARAVATI. AND MGM CAPITAL, GROUND MANGALAGIRI, GUNTUR ...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 pass an appropriate order or writ of mandamus by declaring the action of the Respondents in not considering case of Petitioner for promotion to the post of Town Planning Officer at 2 Respondent, Directorate of Town and Country Planning 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 Respondent to
SRS,J W.P.No.3126 of 2025 forthwith considGr thG cas6 of Potitionor's for promotion to the next higher level post i.e,. Town Planning Officer as per G.C. Ms.
Town Planning Officer as per G.C. Ms. No. 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide G.C.RT.No. 39 Dated 08.01.2024 of Municipal Administration and Urban Development (VIG.II) Department of 1st Respondent 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 Petitioner's case for promotion to next Town Planning Officer as per G.O. Ms. No. 257 higher cadre post i.e.. General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide G.O. RT. No. 39 Dated 08.01.2024 of Municipal Administration & Urban Development (VIG.II) Department of Respondent pending disposal of the interest of Justice Writ Petition in the Counsel for the Petitioner:
1.SAZID KALLUR Counsel for the Respondent(S):
1.GP FOR SERVICES IV The Court made the following:
:: ORDER :: The petitioner, Town Planning Supervisor, Guntur, filed the above writ petition in not considering his case for promotion to the post of Town Planning Officer, due to the pendency of the charge memo issued vide G.O.Rt.No.39 Municipal Administration & Urban Development (Vig.ll) Department, dated 08.01.2024, as illegal and arbitrary. Heard Sri Sazid Kallur,
learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondents.
2.
SRS,J W.P.No.3126 Of 2025 A At the hearing,
learned counsel for the petitioner has drawn the attention of this Court to G.O.Rt.No.39 Municipal Administration & Urban Development (Vig.ll) Department, dated 08.01.2024 (Ex.P.1) i.e. the charge memo issued against the petitioner. The petitioner submitted an explanation/written defence on 12.06.2024 (Ex.P.2).
3.
Learned counsel for the petitioner would submit that the seniority list was prepared, wherein the petitioner’s name was shown at SI.No. 134. However, due to the pendency of the aforementioned charge memo, the respondent authorities are not considering the case of the petitioner for promotion, though the petitioner is eligible for promotion.
4. Learned Assistant Government Pleader for Services, on instructions would submit that the case of the petitioner will be considered in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated
10.06.1999. In reply, learned counsel for the petitioner endorsed the same.
5. 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 respondent No.2 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 constituted. There shall be no order as to costs.
6. As a sequel, pending miscellaneous petitions, 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, (VIG-III) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, 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, Amaravati.
3. One CC to Sri Sazid Kallur, Advocate [OPUC]
4. Two CCs to GP for Services- IV, High Court of Andhra Pradesh. [OUT]
5. Three CD Copies. ssb
HIGH COURT DATED:06/02/2025 *5.^ Current Section pespATCV5«5^
ORDER /S %■ 17 FEB 2025 mi eo» WP.No.3126 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS