APHC010510222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28215/2026 Between: 1. I.SANDHYA,, W/O B MAHAMMAD RAFIK BASHA , AGE 41 YEARS, PRESENTLY WORKING AS PLANNING OFFICER IN ANNAMAYYA URBAN DEVELOPMENT AUTHROITY, MADANAPALLI IN THE CADRE OF DEPUTY DIRECTOR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT WIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI. ...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 toto issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioner's case for promotion to the post of Joint Direct at 2nd Respondent Directorate of 2 Town and Country Planning in guise of the impugned Disciplinary Proceedings vide G.O.Rt.No. 740 Dated 12.06.2026 of 1st Respondent which are founded upon stale and belated allegations pertaining to incidents that occurred nearly five years prior to the initiation of the disciplinary proceedings, which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to forthwith consider Petitioner's case promotion to next level cadre post of Joint Directorwithout referring the aforementioned Disciplinary proceedings vide GO Rt No 740 Dated 12.06.2026 of 1st Respondent and as per law 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 to direct the Respondents to consider Petitioner's case for promotion to next level post of Joint Director without referring the pending Departmental proceedings vide Go Rt No 740 Dated 12.06.2026 of 1st Respondent Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28215 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 Joint Director in Directorate of Town and Country Planning due to the pendency of a charge memorandum issued by Respondent No.1 vide G.O.Rt.No.740, MA and UD (Vig.III) Department, dated 12.06.2026, as illegal and arbitrary. 2. The Petitioner was initially appointed as an Assistant Director on 28.01.2013 in the Directorate of Town and Country Planning and subsequently promoted as Deputy Director. It is stated that she is now eligible and qualified for promotion to the post of Joint Director. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.740, MA and UD (Vig.III) Department, dated 12.06.2026, alleging that the Petitioner, while working as Assistant City Planner at Nandyal Municipality, had shown wilful negligence in decision-making and deliberate violations of systems and procedures in issuing provisional notices and confirmatory notices to the building owners. 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Joint 4 Director is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Heard Sri S. Srinivasa Rao, learned counsel for the Petitioner as well as learned Assistant Government Pleader for Services. 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Joint Director can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 6. The Writ Petition is disposed of, with the consent of both the learned counsel, at the admission stage, with the following directions:- i) The Respondent-Authorities are directed to consider the Petitioner’s case for promotion to the Post of Joint Director in Directorate of Town and Country Planning, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 taking note of the delay in initiation of the departmental enquiry. ii) There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 30.09.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 236 WRIT PETITION No.28215 of 2026 Dated:30.09.2026 chs