APHC010545082026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 13 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29821 OF 2026 Between: 1. GOLLA DAVID RAJU, S/o G. Ananda Rao, Aged about 52 years, Working as Deputy Executive Engineer, Tribal Welfare Engineering Department, TW Sub Division, Bhutaigudem, 0/o the Executive Engineer, TW, K.R. Puram, East Godavari District, Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Rep by its Secretary, Tribal Welfare Engineering Department, Secretariat, Velagapudi, Guntur District, Pin code 522237. 2. The Chief Engineer, Tribal Welfare Engineering Department, Revenue Colony, Labbipeta, Vijayawada, Krishna District, Pin code 520010. 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 toissue an appropriate writ, order in the nature of a Writ of Mandamus, declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Executive Engineer on the ground of pendency of disciplinary proc vide G.O.Rt.No.128, dated 21.08.2025, as illegal, arbitrary, discriminatory, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 13th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29821 OF 2026 RAJU, S/o G. Ananda Rao, Aged about 52 years, Working as Deputy Executive Engineer, Tribal Welfare Engineering Department, TW Sub Division, Bhutaigudem, 0/o the Executive Engineer, TW, K.R. Puram, East Godavari District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Secretary, Tribal Welfare Engineering Department, Secretariat, Velagapudi, Guntur District, Pin code 2. The Chief Engineer, Tribal Welfare Engineering Department, Revenue yawada, Krishna District, Pin code 520010. ...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 toissue an appropriate 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 case of the Petitioner for promotion to the post of Executive Engineer on the ground of pendency of disciplinary proc vide G.O.Rt.No.128, dated 21.08.2025, as illegal, arbitrary, discriminatory, IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY RAJU, S/o G. Ananda Rao, Aged about 52 years, Working as Deputy Executive Engineer, Tribal Welfare Engineering Department, TW Sub Division, Bhutaigudem, 0/o the Executive Engineer, TW, K.R. Puram, ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Rep by its Secretary, Tribal Welfare Engineering Department, Secretariat, Velagapudi, Guntur District, Pin code - 2. The Chief Engineer, Tribal Welfare Engineering Department, Revenue yawada, Krishna District, Pin code 520010. ...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 or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Executive Engineer on the ground of pendency of disciplinary proceedings vide G.O.Rt.No.128, dated 21.08.2025, as illegal, arbitrary, discriminatory, 2 and violative of Articles 14 and 16 of the Constitution of India and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Executive Engineer without reference to the aforesaid disciplinary proceedings/charge memo 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 direct the Respondents to consider the case of the Petitioner for promotion to the post of Executive Engineer without reference to the disciplinary proceedings vide G.O.Rt.No.128, dated 21.08.2025, which are still pending Counsel for the Petitioner: CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29821 OF 2026 ORDER: The Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Deputy Executive Engineer on the ground of pendency of disciplinary proceedings vide Proceedings vide G.O.Rt.No.128, dated 21.08.2025, as illegal and arbitrary. 2. The Petitioner has been working as Assistant Executive Engineer Since 2008. It is stated that now he is eligible and qualified for promotion to the post of Deputy Executive Engineer. While so, a Charge Memo was issued to the Petitioner vide proceedings dated 21.08.2025, making certain allegations. 3. It is stated that after serving the above Charge Memo, the Petitioner submitted the Statement of Defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Deputy Executive 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. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Deputy Executive Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 4 5. Accordingly, the Writ Petition is disposed of with following directions: (i) The Respondents are directed to consider the Petitioner’s case for promotion to the Deputy Executive Engineer subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. (ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 13.10.2026 KKV 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 45 WRIT PETITION No.29821 of 2026 Dated: 13.10.2026 KKV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE: WRIT PETITION No.29821 of 2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 01. 13.10.2026 VN, J The Writ Petition is disposed of. (vide separate order) ______ VN, J KKV