\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4967 OF 2025 Between: Kattupalli Raja Vijaya, W/o. Sri Chitri Srinivasa Raju, Aged about 52 years, OcciMandal Parishad Administrative Officer (FAC as MPDO) O/o. M.P.D.O Addateegala Mandal, East Godavari District, Permanent R/o. Flat No.506, Dwaraka Apartments, Chidiga, Kakinada, Kakinada District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, A.P. Secretariat, Velagapudi, Amaravathi, Guntuir District. 2. The Commissioner of Panchayat Raj and Rural Development, State of Andhra Pradesh, Tadepalli,Guntur-522501. 3. The District Collector, Panchaytat Raj Wing, Kakinada. 4. Zilla Praja Parishad, Rep by its Chief Executive Officer, Kakinada,East Godavari 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring that declare that the action of the respondents, in not considering the case of the petitioner for further promotion to the post of M.P.D.O from Administrative Officer by considering the G.O.Ms. 257, General Administration (Service-C) Department, dated 10.06.1999, without reference of the pending criminal case vide C.C no. 19 of 2024 on the file of Hon'ble Special Judge, SPE arid ACB Cases Rajamahendravaram against the petitioner herein on par with other similarly situated persons and postponing the same on one pretext or the other, inspite of petitioner's name short listed in SI.no.6 of the ACR of Feeder Categories of Administrative Officer on Adhoc Basis, as illegal, improper, arbitrary, contrary to law, contrary to the A.P. Civil Service (Classification, Control and Appeal) Rules, 1991, violation of principles of natural justice, violative of Articles 14, 16, 19 (1) (g) and 21 of the Constitution of India and unconstitutional and consequently direct the respondents to forthwith consider the case of the petitioner to the post of Mandal Parishad Development Officer (M.P.D.O), as per the G.O.Ms. 257, General Administration (Ser-C) Department, dated 10.06.1999. 257, General Administration (Ser-C) Department, dated 10.06.1999. 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 forthwith consider the case of the petitioner for the post of M.P.D.O as per the orders issued in G.O.Ms. 257, General Administration (Service-C) Department, dated 10.06.1999 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI DASARI S.V.V.S.V.PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES-I Counsel for the Respondent No.4: SRI G.SRINIVASULA REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER 1 I APHC010089482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4967/2025 Between: ...PETITIONER Kattupalli Raja Vijaya AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) 2 I THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4967/2025 ORDER: The present Writ petition is filed for following relief: “....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that declare that the action of the respondents, in not considering the case of the petitioner for further promotion to the post of M.P.D.O from Administrative Officer by considering the G.O.Ms.257, General Administration (Service-C) Department, dated 10.06.1999, without reference of the pending criminal case vide C.C.No.19 of 2024 on the file of Hon’ble Special Judge, SPE and ACB Cases, Rajamahendravaram against the petitioner herein on par with other similarly situated persons and postponing the same on one pretext or the other, in spite of petitioner’s name short listed in SI. No. 6 of the ACR of Feeder Categories of Administrative Officer on Adhoc Basis, as illegal, improper, arbitrary, contrary to law, contrary to the A. P. Civil Service (Classification, Control and Appeal) Rules 1991 violation of principles of natural justice, violative of Articles 14, 16, 19(1) (g) and 21 of the Constitution of India and unconstitutional and consequently direct the respondents to forthwith consider the case of the petitioner to the post of Mandal Parishad Development Officer (M.P.D.O), as per the G.O.Ms.257, General Administration (Ser-C) Department dated 10.06.1999 and to pass...’’ 2. Heard Sri Dasari.S.V.V.S.V.Prasad, learned counsel for the petitioner and learned Government Pleader for Services-I appearing on behalf of respondent Nos.1 to 3, and Sri G. Srinivasulu Reddy, learned counsel for the respondent No.4. The petitioner is working as a Mandal Parshid Administrative Officer. While discharging his duties as 3. 3 Government Servant, a trap was laid on him through ACB at the instance of some vested parties, and a case was registered vide FIR No.6 dated 12.09.2022 for the offence punishable under Section 7(a) of Prevention of Corruption Act and later, charge- sheet came to be filed in the matter and is presently pending for trial in C.C.No.19 of 2024 on the file of Special Judge for Trial of SPE and ACB. That being so, the 2'^'^ respondent issued a charge-memo dated 30.06.2024, for which, the petitioner submitted his explanation. The Inquiry Officer is seized up with the matter and the matter is under consideration. 4. Meanwhile, the 2"^^ respondent issued a memo dated 13.06.2023, calling for ACRs for filling up all vacancies of Mandal Parishad Development Officers as on adhoc basis from the feeder categories of Administrative Officers. Seniority list was prepared in which the petitioner stood at SI.No.6. 5. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of MPDOs and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. Learned Government Pleader for Services-I for the respondent Nos.1 to 3, and Sri Srinivasulu Reddy, learned counsel for the respondent No.4, did not refute the submissions of the learned counsel for the petitioner. 7. 4 Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of MPDOs in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. 8. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR 'V //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayat Raj & Rural Development, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntuir District. 2. The Commissioner of Panchayat Raj & Rural Development, State of Andhra Pradesh, Tadepalli,Guntur-522501. 3. The District Collector, Panchaytat Raj Wing, Kakinada. 4. The Chief Executive Officer, Zilla Praja Parishad, Rep by its Kakinada,East Godavari District. 5. One CC to Sri Dasari S.V.V.S.V.Prasad, Advocate [OPUC] 6. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri G.Srinivasula Reddy, SC for ZPP, MPP & Gram Panchayat. [OPUC] 8. Three CD Copies. gi HIGH COURT gi DATED:20/03/2025 ORDER WP.No.4967 of 2025 X 0 ^ APR 2025 mii Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS