APHC010515382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28304/2026 Between: 1. B.SATISH KUMAR, S/O. B.SUBBAIAH SETTY, AGED ABOUT 49 YEARS, DEPUTY EXECUTIVE ENGINEER, 0/0. DISTRICT PUBLIC HEALTH ENGINEERING OFFICE, MADANAPALLI, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MA AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPDUDI, GUNTUR DISTRICT. 522 238 2. THE ENGINEERINCHIEF, ANDHRA PRADESH, PUBLIC HEALTH, TADEPALLI, GUNTUR DISTRICT. 522 501 ...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 a Writ order or direction more particulary one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion as Executive Engineer on pendency of Charge memo issued by the 1st Respondent bearing Q.O.Rt.No.794, MA and UD (Vig.III) Department, dated 09-10-2024 for alleged incident of 2018, though co-charged officer has been considered and promoted is totally illegal, arbitrary, unconstitutional and void being contrary to the orders of Government for 2 conclusion of disciplinary proceedings from time to time and also consequently to direct the Respondents to consider the claim of the Petitioner for promotion as Executive Engineer without taking into consideration of charge memo issued by the 1st Respondent bearing G.O.Rt.No.794, MA and UD (Vig.III) Department, dated 09-10-2024 and promote him as such with all consequential benefits, as otherwise the Petitioner will be put to heavy and irreparable loss 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 herein to consider the case of the Petitioner for promotion as Executive Engineer without reference to charge memo issued by the 1st Respondent bearing G.O.Rt.No.794, MA & UD (Vig.III) Dept., dated 09-10-2024 and promote him as such on the analogy of orders issued in favour of co-charged officer in the same incident pending disposal of the above writ petition Counsel for the Petitioner: 1. RANGARAJULA RAJASEKHARA 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.28304 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 Executive Engineer due to the pendency of a charge memorandum issued by Respondent No.1 vide G.O.Rt.No.794, MA and UD (Vig.III) Department, dated 09.10.2024, as illegal and arbitrary. 2. The Petitioner was initially appointed as an Assistant Engineer by way of direct recruitment and subsequently promoted as Deputy Executive Engineer in the year 2017. It is stated that he is now eligible and qualified for promotion to the post of Executive Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.794, MA and UD (Vig.III) Department, dated 09.10.2024, alleging that the Petitioner, while working as Assistant Engineer at Badvel Municipality, had recommended substandard quality of concrete work in violation of IS 456:2000 and MORTH specifications. The alleged misconduct pertains to the years 2015-2017. 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 Executive 4 Engineer is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry though a similarly placed person was promoted by the Respondents. It was in that context, the present Writ Petition was filed. 4. Heard Sri R. Rajasekhar Rao, learned counsel for the Petitioner as well as learned Assistant Government Pleader. 5. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Executive Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999 taking note of the promotion of an individual similarly placed. 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 Respondents are directed to consider the Petitioner’s case for promotion to the post of Executive Engineer, subject to the Petitioner possessing the requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, and taking note of the delay in initiation of the departmental enquiry and the promotion of one R. Nagesh Babu issued 5 vide G.O.Rt.No.379, Municipal Administration and Urban Development (C1) Department, dated 30.04.2025. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 01.10.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 95 WRIT PETITION No.28304 of 2026 Dated:01.10.2026 chs