IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5077 OF 2025 Between: T.Mohan Das Karam Chand Gandhi, S/o.T.R.Gopala Rao, aged about 47 years, Occ: Line Man, Works at Bhavanipuram Section, Vijayawada Town Division, APCPDCL(Operations) Vijayawada. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government Energy Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Chairman and Managing Director, Andhra Pradesh Central Power Distribution Corporation Limited, Office at Vijayawada. 3. .The Chief General Manager, HRD, APCPDCL, Vijayawada. 4. The Superintendent Engineer, APCPDCL, Operation Circle, Vijayawada, Krishna District. 5. The Executive Engineer, APCPDCL Operation Town, Vijayawada. ...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 particularlyone in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in not considering the representations made by the petitioner, dated 15.04.2019 and 29.05.2021 seeking promotion to the post of Line Inspector on the ground of pendency of Charge Sheet vide C.C.No. 10/2023, on the file of the Hon’ble Special Judge for S.P.E. and ACB Cases, Vijayawada under the provisions of the Prevention of Corruption Act, 1998 , in the light of G.O.Ms.No.257, General Administration (Ser.C) Department dated 10- 06-1999 as illegal, unjust and arbitrary, and in violation of Articles 14 and 16 and 21 of the Constitution of India, principles of natural justice and in violation of Regulation 3B of APSEB Service Regulations Part III and also the orders of this Hon’ble Court and consequently direct the respondents to consider the case of the petitioner for promotion to the above said post in terms of the Integrated Seniority List of Line Inspector of operation Division Town Vijayawada as on 19.08.2024 issued by the 5**^ respondent vide memo No.EE/0/TA/JA/ADM/JAO/U1/D.No. 1235/24, dated 20.08.2024. 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 representation s made by the petitioner, dated; 15.04.2019 and 29.05.2021 seeking promotion to the post of Line Inspector while pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI M.RAVINDRA Counsel for the Respondent No.1: SRI S.RAJU, ASST.GP FOR SERVICES-I Counsel for the Respondent Nos.2 to 5: SMT.ADARSHITA REPRESENTING SRI V.V.SATISH, SC FOR APCPDCL The Court made the following: ORDER / APHC010095322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5077/2025 Between: ...PETITIONER T Mohan Das Karam Chand Gandhi AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M RAVINDRA Counsel for the Respondent(S): 1.GP FOR SERVICES! 2.VVSATISH The Court made the following: :: ORDER :: Heard Sri M. Ravindra, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondent No.1 and Smt. Adarshita, learned counsel representing Sri V.V.Satish, learned standing counsel for respondents 2 to 5. The petitioner, Lineman, Bhavanipuram Section, filed the above writ petition complaining about non-consideration of his case for promotion to the post of Line Inspector, due to pendency of ACB case vide C.C.No.10/2023 on 2. W.P.No.5077 of k the file of learned Special Judge for SPE and ACB Cases, Vijayawada, as illegal and arbitrary. In 2017, a trap case was registered by ACB officials, against the petitioner, vide 04/RCT-ACB-VJA/2017, for the offences punishable under Sections 7 and 13(2) read with 13(1 )(d) of the Prevention of Corruption Act, 1988 and Section 34 of the Indian Penal Code, 1860. Later, the ACB, represented by its Inspector, filed a charge sheet on the file of the Special Judge for SPE and ACB Cases, Vijayawada and the same was assigned C.C.No.10of2023. 3. At the hearing, though learned counsel for the petitioner submitted that due to pendency of the aforementioned charge sheet, the petitioner’s not being considered for promotion though the petitioner is eligible, confined his arguments and urged to direct respondents 3 to 5 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. 4. case IS Learned standing counsel, on instructions, did not refute the submission of learned counsel for the petitioner. 5. 6. 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 3 to 5 to consider the petitioner’s case for promotion to the post of Line Inspector, strictly in terms of G.O.Ms.No.257, dated 10.06.1999, as and when DPC is constituted if the petitioner’s case is in the zone of consideration. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR OFFICER ^ Secretary to Government Energy Department Andhra Pradesh Secretariat, Velagapudi, Amaravati, //TRUE COPY// To, , State of Guntur District. 2. The Chairman & Managing Director, Andhra Pradesh Central Power Distribution Corporation Limited, Office at Vijayawada. The Chief General Manager, HRD, APCPDCL, Vijayawada.(BY RPAD) The Superintendent Engineer, APCPDCL, Operation Circle, Vijayawada, Krishna District. (BY RPAD) The Executive Engineer, APCPDCL Operation Town, Vijayawada. (BY RPAD) One CC to Sri M.Ravindra, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] One CC to Sri V.V.Satish, SC for APCPDCL. [OPUC] Three CD Copies. 3. 4. 4 5. 6. 7. 8. 9. gi f HIGH COURT DATED:28/02/2025 ORDER WP.No.5077 of 2025 S’ 2 <1 MAR 2025 O & ^ . Current Section m DISPOSING OF THE WRIT PETITION WITHOUT COSTS