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2026 DAILYLAW 16922 (AP)

RAGHOTHU VENKATESWARA NAIDU v. THE STATE OF ANDHRA PRADESH

WP/4311/2026 · 2026-02-15

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010072682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4311/2026 Between: 1. RAGHOTHU VENKATESWARA NAIDU, S/O LATE SRI RAGHOTHU BHASKARA RAO, AGED ABOUT 28 YEARS, OCC OFFICE SUBORDINATE, WORKING IN PANCHAYAT RAJ DEPARTMENT, ZILLA PARISHAD, VISAKHAPATNAM, R/O ADRESS 14-2/7 , RAAHAT RESIDENCY, ( 2 ND FLOOR 201),T.I.C POINT,ARILOVA, VISAKHAPATNAM 530040. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 522241 2. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (SERVICES) DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 522241 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, TADEPALLI / AMARAVATI. 522501 4. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 530002 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 530002 ...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 topleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondents in not considering the petitioner for appointment / upgradation to the post of Junior Assistant under compassionate grounds, despite fulfillment of eligibility and acquisition of Degree qualification within the prescribed period, as illegal, arbitrary, discriminatory, violative of Articles 14 and 16 of the Constitution of India, and contrary to G.O.Ms.No.112, General Administration (Ser.A) Department, dated 18-08-2017, and consequently direct the respondents to consider and appoint / upgrade the petitioner as Junior Assistant, with all consequential and attendant benefits including notional seniority, within a time frame to be fixed by this Honble Court, and 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 pleased to direct the respondents to consider the case of the petitioner ViDE. Representation Dated 28- 01-2026 for appointment / upgradation to the post of Junior Assistant under compassionate grounds, in terms of G.O.Ms.No.112 dated 18-08-2017, and not to fiii up the available Junior Assistant vacancies, if any, by any other method, and pass Counsel for the Petitioner: 1. RAVI TEJA DOMMETI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4311/2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, Order or Direction more particularly a Writ of Mandamus declaring the action of the respondents in not considering the petitioner for appointment / upgradation to the post of Junior Assistant under compassionate grounds despite fulfillment of eligibility and acquisition of Degree qualification within the prescribed period as illegal, arbitrary, discriminatory, violative of Articles 14 and 16 of the Constitution of India and contrary to G.O.Ms.No.112, General Administration (Ser.A) Department, dated 18.08.2017 and consequently direct the respondents to consider and appoint / upgrade the petitioner as Junior Assistant with all consequential and attendant benefits including notional seniority within a time frame to be fixed by this Honble Court and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representation dated 28.01.2026 submitted by the petitioner. 4. On the other hand, learned Government Pleader appearing for the respondents readily agreed to dispose of the representation dated 28.01.2026 submitted by the petitioner, pending with the authorities, within a reasonable time. 5. In view of the submission of the learned Government Pleader for the respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 28.01.2026 submitted by the petitioner, this Court find no other alternative except to issue such direction. 6. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 28.01.2026 submitted by the petitioner, after providing opportunity of hearing to all the parties concerned, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 1 2004 (1) SCC 769 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.02.2026 BSP 88 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4311 of 2026 16.02.2026 BSP