f1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE o m PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5111 OF 2025 Between; Mondem Koteswara Rao, S/o. Venkataramana, Aged about 58 years, Occ: Sanitary Inspector, Presently working as Food Safety Officer, R/o. H.No. 31-56-58-27/1, Flat No.301, Matrusri Nagar, Kurmannapalem, Gajuwaka Mandal, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Velagapudi, Amaravati. 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Andhra Pradesh. ...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 a WRIT OF MANDAMUS, declaring the action of the 2 Respondent in failing to consider the Petitioner for promotion by following the seniority list as being illegal, arbitrary, contrary to the purport of GO.Ms.No.257 dated 10.06.1999, in violation of principles of natural justice, and in violation of Articles 14, 16 and 21 of the Constitution of India, and consequently direct the 2""^ Respondent to consider the case of the Petitioner and promote him as per the seniority list will all consequential nd p w * benefits vide dated.03.11.2024. lA NO: 1 OF 2025 proceedings Rc. NO.4985/2007/F4/CMOH/PH 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 2""' Respondent herein to Consider the Representation filed by the Petitioner dated 03.02.2025. Counsel for the Petitioner: SRI N.ASHWANI KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER A' APHC010097072025 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: 5111/2025 Between: ...PETITIONER Mondem Koteswara Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following ORDER: Heard Sri N.Ashwani Kumar, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for 1®* respondent and Sri A S C Bose, learned standing counsel for 2'^'^ respondent. The petitioner. Sanitary Inspector, Greater Visakhapatnam Municipal Corporation presently working as a Food Safety officer, filed the above writ petition to declare the action of 2"^ respondent in not considering the petitioner’s case for promotion due to pendency of criminal case vide Rc.No.08(A)2021-CBI, ACB, Visakhapatnam on the file of Central Bureau of Investigation, Visakhapatnam, as illegal and arbitrary. 2. 0 2 Learned counsel for the petitioner would submit that a criminal case vide Rc.No.08(A)2021-CBI, ACB, Visakhapatnam was registered against the petitioner for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1989. The petitioner filed criminal petition No.2085 of 2021. A Coordinate Bench of this Court granted a stay of further investigation in the aforementioned crime by order dated 22.04.2021 and the stay is in subsisting as of today. Learned counsel would submit that though the petitioner is eligible for promotion, his case is not considered for promotion due to the pendency of the aforementioned criminal case. 3. At the hearing, learned counsel for the petitioner confined his argument and urged to direct the respondents 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. Learned counsel would submit that DPC is constituted. 4. Learned Assistant Government Pleader for Services did not refute the said submission. 5. 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 the 2'^^ respondent to consider the petitioner’s case for promotion if his case is in the zone of consideration, strictly in terms of G.O.Ms.No.257, dated 10.06.1999. 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// To, SECTION OFFICER 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Andhra Pradesh. (BY RPAD) One CC to Sri N.Ashwani Kumar, Advocate [OPUC] Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies. 2. 3. 4. 5. 6. gi i "Tf HIGH COURT DATED:28/02/2025 ORDER WP.No.5111 of 2025 iF ^ 13 MAR 2C:j , Curr»nt Section ^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS