Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010110242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5849/2025 Between: 1. D RAMBABU, S/O.SEETHA RAMAIAH, AGED ABOUT 42 YEARS, OCC.HOSTEL WELFARE OFFICER GR.L GOVERNMENT SOCIAL WELFARE BOYS HOSTEL, KANKIPADU, KRISHNA DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, T.G.PLAZA, 0PP. MANIPAL HOSPITAL, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COLLECTOR DISTRICT MAGISTRATE SOCIAL WELFARE, KRISHNA DISTRICT, MACHILIPATNAM, 4. THE DEPUTY DIRECTOR, SOCIAL WELFARE 2 DEPARTMENT, KRISHNA DISTRICT, MACHILIPATNAM ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not fixing the notional seniority of the petitioner in the cadre of Hostel Welfare Officer, Gr-I w.e.f. 08-08-2020 on par with his juniors and in not considering his case for promotion to the of Assistant Social Welfare Officer on par with his juniors is illegal, arbitrary, unjust and violative of Art. 14 and 16 of the constitution of India and consequently direct the respondents to fix the petitioners notional seniority in the cadre of Hostel Welfare Officer Gr. w.e.f. 08-08-2020 on par with his juniors with all consequential benefits including seniority and pass IA 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 pleased to direct the respondents to consider and dispose of the representations dated 24-02- 2023 and 22-05-2023 made by the pejtitioner before effecting the promotions in the cadre of Assistant Social Welfare Officers, pending disposal of the above writ petition and pass IA NO: 2 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 pleased to direct the respondents to consider the case of petitioner for promotion to the post of Assistant Social Welfare Officer on par with others in the ensuing Departmental Promotion Committee without reference to the pendency of charge Memos vide Rc.No. A1/164/2014 dated 14-07-2014 and Rc.No. A3/3922/ 2021-1 3 dated 31-12-2021 issued by the 3rd and 2nd respondents respectively, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No. 5849 of 2025 O R D E R: This writ petition is filed for fixation of notional seniority of the Petitioner in the cadre of Hostel Welfare Officer, Grade-I with effect from 08.08.2020 on par with his juniors and not considering his case for promotion to the post of Assistant Social Welfare Officer on par with his juniors as illegal and arbitrary. 2. Petitioner was initially appointed as Hostel Welfare Officer Grade-II on 26.12.2005 and subsequently, was promoted as Hostel Welfare Officer Grade-I on 05.08.2023. While so, on 14.07.2014, a charge memo was issued under Rule 20 of the APCS (CC & A) Rules, 1991 with regard to certain misconduct said to have been committed by the Petitioner. After due enquiry, a report was submitted on 12.06.2023 holding that the charges against the Petitioner were not proved. On 31.12.2021, another charge memo was issued to the Petitioner under APCS (CC & A) Rules in which the charges were held proved and the Petitioner was imposed penalty of censure vide Proc.Rc.No.A2/166/2026 dated Nil.06.2026. 5 3. On account of the delay in conclusion of the departmental proceedings initiated against the Petitioner on 14.07.2014, Petitioner filed W.P.No.15922 of 2020 and this Court taking note of the delay in conclusion of the departmental enquiry directed the case of the Petitioner to be considered for promotion to the post of Hostel Welfare Officer Grade-I without reference to the charge memo dated 14.07.2014 and the relevant portion of the order is extracted below: “21. Considering the facts and circumstances of the case and in view of the above discussion, the respondents shall consider the case of the Petitioner for promotion to the post of HWO Gr.I without reference to the charge memos vide Rc.No.A1/164/2014 dated 14.07.2014 and Rc.No.A3/3922/2022-1 dated 31.12.2021, if the Petitioner is otherwise eligible and qualified.” 4. Prior to the promotion of the Petitioner, on 08.08.2020, the Juniors of the Petitioners were promoted as Hostel Welfare Officer Grade-I. An enquiry report submitted on 12.06.2023 was with reference to the charge memo dated 14.07.2014, wherein it was held that the charges against the Petitioner were not proved. As no further action is taken by the disciplinary authority on the enquiry report, Petitioner seeks for fixation of his 6 notional seniority with effect from the date of his juniors promoted to the Post of Hostel Welfare Officer Grade-I i.e. from 08.08.2020. 5. Learned counsel for the Petitioner submits that more than three years have elapsed and no action is taken by the disciplinary authority and this delay would be impacting the further promotion chances of the Petitioner and therefore, the Petitioner is justified in seeking notional seniority from the date of promotion of his juniors. 6. Learned Assistant Government Pleader would submit that the relief sought by the Petitioner is dependent on the decision to be taken by the disciplinary authority on the enquiry report submitted on 12.06.2023 and submits that the notional seniority of the Petitioner would be fixed subject to the outcome of the decision of the disciplinary authority. 7. Heard Smt. Kavitha Gottipati, learned counsel for the Petitioner and learned Government Pleader for Services-I. 8. As rightly contended by the learned Government Pleader, fixation of notional seniority of the Petitioner with effect from 08.08.2020 is dependent on the decision of the disciplinary 7 authority. No doubt there is delay to the disadvantage of the Petitioner. 9. Therefore, the writ petition is disposed of with the following directions: (i) The Respondents shall pass appropriate orders on the enquiry report submitted that on 12.06.2023 within a period of four (4) weeks from today. (ii) In the event, the departmental enquiry initiated on 14.07.2014 is dropped by accepting the enquiry report, the Petitioner shall be extended notional seniority with effect from the date his juniors were promoted as Hostel Welfare Officer Grade-I. (iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 22.09.2026 KLP