IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY \\% TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3529 OF 2025 As, o Between: B Jabbarmiah, S/o. B. Abdul Rahim Saheb, Aged about 60 years, Occ: Municipal Commissioner, Gooty Municipality, Anantapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh,, Rep by its Principal Secretary, Department of Municipal Administration A.P. Secretariat, Velaqapudi Guntur District. 2. The Director of Municipal Administration, Andhra Pradesh, Vaddeswaram, 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 be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action on the part of the Respondents in not considering the claim of the petitioner for promotion to the post of Municipal Commissioner Grade-ll by not including his name in the panel of Municipal Commissioner Grade-Ill for promotion to the cadre of Municipal Commissioner Grade-ll for the panel year 2024-25 as illegal and arbitrary violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to consider the claim of the petitioner for promotion to the post of Municipal Commissioner Grade II duly including the name of the petitioner in the panel of Municipal Commissioner Grade may III for promotion to the cadre of Municipal Commissioner Grade II in terms of G.O.Ms.No.257 dated 10/06/1999 without reference to the disciplinary ^proceedings initiated vide G.O.Rt.No.552 MA and UD (Vig.lll) Dept dated ' ^ ^^^,08.2023 pending disposal of the writ petition. i: is 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 claim of the petitioner for promotion to the post of Municipal Commissioner Grade II duly including the name of the petitioner in the panel of Municipal Commissioner Grade III for promotion to the cadre of Municipal Commissioner Grade II in terms of G.O.Ms.No.257 dated10-06- 1999 without reference to the disciplinary proceedings initiated vide G.O.Rt.No.552 MA&UD (Vig.lll) Dept dated 31- 08-2023 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI V MAHESWAR REDDY Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: % APHC010064752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3529/2025 Between: B Jabbarmiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VMAHESWAR REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents 1 & 2. The petitioner, Municipal Commissioner, Gooty Municipality, filed the above writ petition to declare the action of the respondents in not considering the petitioner’s case for promotion to the post of Municipal Commissioner Grade-ll due to the pendency of charge memo vide G.O.Rt.No.552 Municipal Administration & Urban Development (Vig.lll) Department, dated 31.08.2023, as illegal and arbitrary. 2. \ ■ / 2 A charge memo vide G.O.Rt.No.552 Municipal Administration & Urban Development (Vig.lll) Department, dated 31.08.2023 (Ex.P.1) was issued to the petitioner. The petitioner submitted a written defence and thereafter, an Inquiry Officer was appointed. The Inquiry Officer submitted a report to the disciplinary authority vide Lr.Roc.No.112/2024/AHUDA, dated 16.05.2024. 3. Learned counsel for the petitioner would submit that though the petitioner is eligible for promotion, the petitioner’s case has not been considered due to the pendency of the aforementioned charge memo. Despite the timeline fixed by the Government to complete the inquiry in three months and six months in simple and complicated cases respectively in G.O.Ms.No.679 General Administration (Services.C) Department, dated 01.11.2008 and G.O.Ms.No. 91 General Administration (Ser.C) Department, dated 12.09.2022,the inquiry has not been completed so far. 4. At the hearing, learned counsel for the petitioner confined his arguments and urged this Court to direct respondents 1 and 2 to consider the petitioner’s case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. 6. The Learned Assistant Government pleader did not refute the said submission and would submit that the respondent authorities will consider the petitioner’s case in terms of G.O.Ms.No.257 dated 10.06.1999. There is no dispute regarding the aforementioned charge memos issued to the petitioner. The Government issued G.O.Ms.No.679 dated 01.11.2008 and G.O.Ms.No.91 dated 12.09.2022 fixing the timelines to complete the cases in three months and six months in case of simple and complicated cases respectively. 7. 3 8. Given the facts and circumstances of the merits of the matter, the Writ Petition i with the consent of learned counsel case, without touching the is disposed of, at the admission stage, on either side directing respondents 1 and 2 to consider the petitioner’s Commissioner Grade-ll, if his terms of G.O.Ms.No.257, dated 10.06.1999 whenever DPC i case for promotion to the post of Municipal is in the zone of consideration, strictly i case in IS constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/-K SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// To, N OFFICER SEC OfAndhra PrLdlsh®A,^: SeC^S! VetagapTdt' 3. One CC to Sri V Maheswar Reddy, Advocate 4. Two CCs to GP for Services - 5. Two CD Copies ' State , Guntur District. Andhra Pradesh, [OPUC] High Court of Andhra Pradesh. [OUT] RAM HIGH COURT DATED:12/02/2025 ORDER WP.No.3529 of 2025 g • 0 MAR 2025 Curreni Seciisn ^ ^^^gspATr.HeO^ DISPOSING OF THE WP AT THE STAGE OF ADMISSION, WITHOUT COSTS