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2025 DAILYLAW 7908 (AP)

PUVVULA ASRITHA v. The State of Andhra Pradesh

WP/4363/2025 · 2025-02-19

Subba Reddy Satti

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4363 OF 2025 Between: Puvvula Asritha, W/o N. Srinivasa Raju, Aged 50 years, Working as A.E.E (R and B), Amalapuram Division,Mummidivaram Section, R/o Flat.No. 01, Padmaja Apartments, 3 Lights Junction, Rama Rao Pet, Kakinada, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, TR and B Department, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (R and B) (Admn), Road and Buildings Department, State HODs Offices Building, MG Road, Vijayawada, Krishna District. 3. The Chief Engineer (R and B), NH and CRF, Room No. 412, State HODS Offices Building MG Road, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS\6ec\are the action of the respondent in not considering the candidatu of the petitioner for promotion to the post of Deputy Executive Engineer in R and B Department, on mere pendency of Charge Memo vide Memo No. TRB02- ADMN/216/2021-VIG SEC-RB ADMIN (Cmp.No. 1561450)-2, Dt. nd 10.12.2021 issued by 2 arbitrary, whimsical and in violation of Principles of Natural Justice and respondent, denial of promotion is illegal. /♦' contrary, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in thi^exi^uing counsel without reference to the Chargememo vide Memo No. TRB02-ADMN/216/2021-VIG SEC-RB ADMIN (Cmp.No. 1561450)-2. Dt. 10.12.2021, in terms of G.O.MsiNo. 257 dated 10-06-1999, on the same anology of similar directions of this Hon’ble Court passed in W.P. No. 25098 Of 2024, which were granted by duly following the reported judgment of the Division Bench Govt of A.P rep by its Principal Secretary Revenue Department Vs. A. Rajeswara Reddy and G.O.Ms.No. 679, dated. 1-11-2008. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R&B Department in the existing vacancy, without reference to the Memo vide Memo No. TRB02-ADMN/216/2021-VIG SEC-RB ADMIN (Cmp.No. 1561450)-2, Dt. 10.12.2021, in terms of G.O.Ms.No. 257 dated 10-06-1999, pending disposal of the above writ petition. Counsel for the Petitioner :SRI. BUGULU SREETEJA Counsel for the Respondent No’s. 1 to 3: GP FOR SERVICES II The Court made the following ORDER: w 0^ APHC010082602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY .THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4363/2025 Between: Puvvula Asritha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-ll for the respondents 1 to 3. nd 2. The above writ petition is filed to declare the action on the part of the 2 respondent in not considering the petitioner’s case for promotion due to the pendency of charge memo vide TRB02-ADMN/216/2021 -VIG SEC-RB ADMIN (Cmp.No.1561450)-2, dated 10.12.2021, as illegal and arbitrary. 3. A charge memo vide Ex.P.I dated 10.12.2021 was issued to the petitioner. The petitioner submitted a written defence of explanation dated 03.02.2022 (Ex.P.2). However, the inquiry has not concluded. Learned counsel for the petitioner would submit that due to the pendency of the charge memo, the petitioner’s case has not been considered for promotion to the post of Deputy Executive Engineer. 4. Learned Assistant Government Pleader for Services, on instructions, would submit that the case of the petitioner for promotion will be considered in terms of G.O.Ms.No.257 General Administration (Ser.C). Department, dated 10.06.1999. 5. 6. Learned counsel for the petitioner endorses the same. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the admission stage, with the consent of learned counsel on either side directing respondents to consider the petitioner’s case for promotion to the post of Deputy Executive Engineer, if his case is in the zone of consideration, strictly in terms of G.O.Ms.No.257, dated 10.06.1999 whenever DPC is constituted. No order as to costs. 7. 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, TR and B Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (R and B) (Admn), Road and Buildings Department, State HODs Offices Building, MG Road, Vijayawada, Krishna District. 3. The Chief Engineer (R and B), NH and CRF, Room No. 412, State HODS Offices Building MG Road, Vijayawada. 4. One CC to SRI. BUGULU SREETEJA Advocate [OPUC] 5. Two CCs to GP FOR SERVICES II, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies PRK HIGH COURT DATED:19/02/2025 ORDER WP.No.4363 of 2025 I “ 15 MA^ 2C25 , Current Section ifetoJp.'E'S p &T DISPOSING OF THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS