1 APHC010082122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4669/2026 Between: 1. B SARVESHWAR RAO, S/O RAMESHWAR RAO AGED ABOUT 64 YEARS, ASSISTANT SOCIAL WELFARE OFFICER (RETD.), R/O. DT. 15, III FLOOR, D-BLOCK, SAI MODEL VILLAGE, RAMAVARAPPADU, VIJAYAWADA (RURAL) - 521108 ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522001 2. THE DIRECTOR OF SOCIAL WELFARE, AP, AMARAVATHI, GUNTUR DISTRICT - 522001 3. THE DISTRICT SC WELFARE AND EMPOWEREMENT OFFICER, ELURU DISTRICT AT ELURU - 534001 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT - 534001 5. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU - 534001 ...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 2 pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for grant of notional promotion in the category of HWO the Respondents on 29.06.2018, requesting to grant notional promotion. Consequent to my representation Government issued a Memo dt 07.08.2018, instructing the 2nd Respondent to examine and take necessary action. When there is no response I made representations dt 07.06.2019, 20.07.2019 and 31.08.2019, requesting the Respondents to consider my case for notional promotion on par with my Junior. The 2nd Respondent addressed a letter to the 4th Respondent on 03.07.2019, to take necessary action in my case. Further, I made representations on 30.10.2020 and 22.09.2021, seeking for notional promotion and the 1st and 2nd Respondents issued a Memo dt 12.10.2021 and letter dt 16.11.2021, requesting the 4thRespondent to take necessary action. Thereafter, I made another representation on 23.03.2022, to the 2nd Respondent who in turn addressed a letter to the 4th Respondent to take appropriate action. I made further representations to the 5th Respondent on 18.08.2022, 11.08.2023, 13.03.2025 and 27.09.2025, requesting him to consider my case. Thereafter, the Government issued another Memo dt 21.03.2025, requesting HOD to take necessary action, who in turn addressed a letter to the 5th Respondent, on 24.04.2025. I made final representation on 19.01.2026, to the 6th Respondent requesting him to consider my case for grant of notional promotion. However, no action taken as on today.Gr-I w.e.f. 17.01.2009 and in the category of ASWO w.e.f. 01.04.2017, in spite of the declaration and Judgment rendered by the Hon'ble APAT in OA.No. 9116 of 2012 dt 12.10.2015 as illegal arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to grant notional promotion to the Petitioner in the category of HWO Gr-I w.e.f. 17.01.2009 and in the category of ASWO w.e.f. 01.04.2017, strictly as per his settled seniority and as per the Orders of APAT in OA.No. 9116 of 2012 dt 12.10.2015, with all service and monetary benefits and to 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 for grant of notional promotion in the category of HWO Gr-I and ASWO, by taking necessary action as directed by the Govt., vide Memo No. 1534753/Services-l 3 1/2021, dt; 21.03.2025 and consequential orders of HOD vide Lr.Rc.No.A4/SOW02- 17021-81/2018, dt: 24.04.2025, by implementing the orders of APAT in OA.No. 9116 of 2012 dt; 12.10.2015 and to pass Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER: The present Writ Petition is filed questioning the action of Respondents in not considering the case of the Petitioner for grant of notional promotion in the category of HWO Gr-I w.e.f. 17.01.2009 and on the category of ASWO w.e.f 01.04.2017, inspite of the declaration and judgment rendered by the APAT in O.A.No.9116 of 2012 dated 12.10.2015 as illegal and arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to grant notional promotion to the Petitioner in the category of HWO Gr-I w.e.f 17.01.2009 and in the category of ASWO w.e.f 01.04.2017 strictly as per his settled seniority and as per the Orders of APAT in OA No.9116 of 2012 dt 12.10.2015 with all service and monetary benefits and to pass such other orders. 2. The contention of the learned counsel for the petitioner is that as the respondents have not considered the case of the petitioner for promotion, petitioner approached the A.P. Administrative Tribunal by filing O.A.No.9116 of 4 2012 and the said O.A was allowed vide its order dated 12.10.2015 directing the respondents therein to consider the case of the petitioner/applicant for promotion to the post of Hostel Welfare Officer, Grade-I. Consequent to the disposal of the said O.A, the Government has considered and issued a Memo dated 07.08.2018 wherein the Government has directed the 2nd respondent-Director of Social Welfare Officer to examine the representation of the petitioner and take further action based on the above said direction and consequently, the 2nd respondent has forwarded the matter to the District Collector vide letter dated 24.04.2025. Wherein the District Collector was directed to take necessary action, if the applicant is eligible for notional promotion on par with his juniors by issuing notices to the effected parties under the said rule and after receiving the objections, if any, they shall be disposed of. But, despite the above said two orders were passed, the respondents 3 and 4 have not considered the case of the petitioner and passed any orders. Hence, the present writ petition. 3. Considering the submissions and on perusal of the material available on record without going into the merits of the case, the writ petition is disposed of directing the respondents 3 and 4 to comply with the instructions issued with regard to the case of the petitioner in the Government Memo dated 21.03.2025 and send the remarks to the Government within a period of one month from the date of receipt of copy of this order and the Government is further directed to consider the same in terms of the order dated 12.10.2015, passed by the A.P. 5 Administrative Tribunal in O.A.No.9116 of 2012 and take appropriate action within three months thereafter. 4. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, pending interlocutory applications, if any, shall stand closed. _____________ D. RAMESH,J Date:06.03.2026 Gk. 6 THE HON’BLE SRI JUSTICE D. RAMESH 37 WRIT PETITION No.4669 OF 2026 Date:06.03.2026 Gk