APHC010130532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7566/2026 Between: 1. V POLAIAH, S/O V. RAMAIAH, AGED 39 YEARS, WORKING AS PRINTING TECHNICIAN BLUE PRINT OPERATOR, O/O R AND B DIVISION, KANIGIRI PRAKASAM DISTRICT, R/O CRP QUATERS, D-13, NEAR FOREST OFFICE, DHARAVARI THOTA, ONGOLE, PRAKASAM DISTRICT, PINCODE 523001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY R AND B DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, PINCODE 522237. 2. THE ENGINEERINCHIEF ADMN, ROADS AND BUILDINGS, A.P. STATE, BANDAR ROAD, VIJAYAWADA, NTR DISTRICT, PINCODE 520010. 3. THE SUPERINTENDING ENGINEER, R AND B NELLORE CIRCLE, NELLORE DISTRICT. PINCODE 524001. ...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 tomay 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 respondents in not considering the candidature of the petitioner for promotion to the post of Tracer/Technical Assistant, despite 2 his possessing the requisite qualifications, solely on the ground that the punishment imposed on petitioner with farming charges, i.e., reduction to a lower rank, which has been suspended in W.P. No. 20320 of 2023, and in issuing impugned Memo No. Tech.Estt/Promotion T.A/2024 dated 25- 01- 2025, wherein it is stated that the petitioners candidature would be considered subject to the outcome of the aforesaid Writ Petition, by ignoring the petitioner seniority and promoting junior in the existing vacancies as illegal, arbitrary, and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to consider the candidature of the petitioner for promotion to the post of Tracer/Technical Assistant without taking into consideration of the said punishment, which is suspended in W.P. No. 20320 of 2023 by order dated 10-08-2023 and to pass IA NO: 1 OF 2026 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 may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Tracer without reference to the punishment imposed i.e. reduction to lower rank which was suspended in W.P.No. 20320 of 2023 by order dated 10-08-2023 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7566 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent-Authorities in not considering the case of the Petitioner for promotion to the post of Tracer (Technical Assistant) as illegal and arbitrary. 2. The Petitioner was initially appointed as an Office Subordinate in the R & B Division, Kanigiri. Later, he was appointed by transfer to the post of Printing Technician in the year 2018 by Respondent No.3 vide Proceedings No. Tech-Estt/PrintingTechnician/A1/18-19, dated 14.09.2018. Thereafter, the probation of the Petitioner was declared and his services were regularized. While so, on the allegation that the Petitioner had submitted a fake and fabricated experience certificate, the District Collector, Prakasam District, instructed the P.A. to the Special Collector, L.A., P.S.V. Project, Ongole, to conduct an enquiry and submit a report. 3. Accordingly, a report was submitted on 21.04.2023. Pursuant thereto, on the instructions of the District Collector, Prakasam District, 4 the Petitioner was straightaway reverted to the post of Office Subordinate, without conducting any further enquiry. The said punishment/action was challenged by the Petitioner in W.P. No.20320 of 2023 before this Court, and this Court had set aside the punishment and remanded the matter to conduct a departmental enquiry in accordance with the Rules, vide its order dated 08.07.2026. In the interregnum, the claim of the Petitioner for promotion to the post of Tracer (Technical Assistant) was rejected on the ground of pendency of W.P.No.20320 of 2023, vide impugned proceedings dated 25.01.2025. Questioning the same, the Writ Petition is filed. 4. Heard Sri Chilamkurthi Satya Dev Naidu, learned counsel for the Petitioner as well as learned Assistant Government Pleader. 5. As the punishment/penalty imposed against the Petitioner reverting him to the post of Office Subordinate is set-aside by this Court, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to consider the case of the Petitioner for promotion to the post of Tracer (Technical Assistant) in accordance with the Rules. 6. No order as to costs. 5 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 21.09.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 76 WRIT PETITION No.7566 of 2026 Dated: 21.09.2026 chs