DEVARAKONDA BALAIAH v. The State of Andhra Pradesh
WP/2429/2026 · 2026-01-28
D Ramesh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15693 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15693 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010040282026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2429/2026 Between:
1. DEVARAKONDA BALAIAH, S/O DEVARAKONDA SUBBAIAH, AGED 53 YEARS, GST OFFICER (GSTO) O/O THE
ASSISTANT CONNMISSIONER(STATE TAX) CIRCLE -II, SPSR NELLORE DIVISION, R/O F.401,SRI SUPRAJA PRESTIGE APARTMENT,SRI KRISHNA DEVARAYA STREET-2,VANAMTHOPU,
NELLORE, ANDHRA PRADESH-524003
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (CT) DEPARTMENT, SECRETARIAT, AMARAVATHI- 522238
2. THE CHIEF COMMISSIONER OF STATE TAX, (CCST) ANDHRA PRADESH, D.NO.12, 468-4, ADJACENT TO NH 16 SERVICE ROAD, KUNCHANAPALLI, -522501
3. THE JOINT COMMISSIONER ST, NELLORE DISTRICT D. NO. 15/505/1, 1ST FLOOR CT COMPLEX, RR STREET, SPSR NELLORE- 524001
4. THE JOINT COMMISSIONER ST, GUNTUR-L(NODAL) DIVISION GUNTUR- 522006
...RESPONDENT(S):
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This Court made the following ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief:
“to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in considering the Petitioner for promotion, despite his seniority and clean service record, as arbitrary, illegal, and violative of Articles 14,16 and 21 of the Constitution of India and to consequently direct the Respondents to consider the Petitioner's case for promotion to the post of Deputy Assistant Commissioner (ST) without reference to the charge memo vide Rc.No.21/2023/A2-(20) dated 21.03.2023 and pending disciplinary proceedings in view of G.O. Ms. No. 257 General Administration (SER.C) dated 10.06.1999 against the earmarked slot of S.T. category with ail consequential benefits including seniority, pay fixation, and arrears of salary and extending the same relief as similarly situated persons and pass….”
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue Department appearing for the respondent Nos. 1 to 4. 3. The present Writ Petition is filed being aggrieved by the action of the respondents in failing to consider the case of the Petitioner for promotion to the post of Deputy Assistant Commissioner (ST), without reference to the charge memo bearing Rc.No.21/2023/A2-(20), dated 21.03.2023, and the pending disciplinary proceedings, in clear contravention of the guidelines contained in G.O. Ms. No. 257, General
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Administration (Services–C) Department, dated 10.06.1999, as well as G.O. Ms.
No. 679, dated 01.11.2008, against the earmarked roster point/slot reserved for the Scheduled Tribe (S.T.) category. 3. Learned counsel for the petitioner submits that it would suffice if a direction is given to the respondents to consider the case of the petitioner for promotion to the post of Deputy Assistant Commissioner(ST), without reference to the Charge Memos issued by the respondent authorities in terms of G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.06.1999, G.O.Ms.No.679 dated 01.11.2008. 4. Learned Government Pleader appearing for the respondents fairly and candidly does not dispute nor controvert the said submission. 5. Having due regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court is pleased to dispose of the Writ Petition at the stage of admission itself, with a direction to the respondents to consider the case of the Petitioner for promotion to the post of Deputy Assistant Commissioner (ST), strictly in accordance with law and in terms of G.O. Ms. No. 257, General Administration (Services–C) Department, dated 10.06.1999, and G.O. Ms. No. 679, dated 01.11.2008, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ::4::
As a sequel, interlocutory applications if any pending, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:29.01.2026 klk
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THE HONOURABLE SRI JUSTICE D. RAMESH
WRIT PETITION No.2429 of 2026
Dt:29.01.2026 klk
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