APHC010092572026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5217 OF Between: 1. T RAMA KRISHNA REDDY, S/O LATE TEGULAPALLI RAMA SUBBAREDDY, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT ENGINEER R AND B SECTION, MYDUKUR, R/O COLONY, KADAPA, DISTRICT,526001. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT, 522238. 2. THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD VIJAYAWADA, KRISHN 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 to issue a Writ Order or direction more particularly of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R and B G.O.Rt.No. 66 Department, on mere pendency of Charge Memo vide TR and B(VIG.R and B) Dept,, dated 06.03.2023 (incident pertains to the year 2015 promotion is illegal, arbitrary, whimsical and in violation of Principles of 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5217 OF 2026 T RAMA KRISHNA REDDY, S/O LATE TEGULAPALLI RAMA SUBBAREDDY, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT ENGINEER R AND B SECTION, MYDUKUR, R/O LIG4-433, APHB COLONY, KADAPA, KADAPA MANDAL, Y.S.R. KADAPA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT, 522238. THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD VIJAYAWADA, KRISHNA DISTRICT, 520010. ...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 to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R and B G.O.Rt.No. 66 Department, on mere pendency of ide TR and B(VIG.R and B) Dept,, dated 06.03.2023 (incident pertains to the year 2015- 16), issued by the 1st respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of IN THE HIGH COURT OF ANDHRA PRADESH [3208] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY T RAMA KRISHNA REDDY, S/O LATE TEGULAPALLI RAMA SUBBAREDDY, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT 433, APHB KADAPA MANDAL, Y.S.R. KADAPA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD ...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 one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R and B G.O.Rt.No. 66 Department, on mere pendency of ide TR and B(VIG.R and B) Dept,, dated 06.03.2023 (incident 16), issued by the 1st respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of 2 Natural Justice and contrary, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Deputy Executive Engineer without reference to the Charge memo vide G.O.Rt.No. 66 TR and B(VIG.R and B) Dept,, dated 06.03.2023 in terms of G.O.Ms.No.257 dated 10-06-1999 on the same analogy of similar directions of this Hon'ble Court passed in W.P. No. 25098 Of 2024 and W.P. No. 9722 of 2024 which were granted by duly following the reported judgment of the Division Bench Govt of A.P rep by its Principal Secretary Revenue Department Vs. A. Rajeswara Reddy and G.O.Ms.No. 679, dated. A. Rajeswara Reddy and G.O.Ms.No. 679, dated. 1-11-2008, 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 to consider the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R&B Department in the arising vacancy, without reference to the Memo vide G.O.Rt.No. 66 TR&B(VIG.R&B) Dept, dated 06.03.2023 in terms of G.O.Ms.No. 257 dated 10-06-1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following Order: ORDER: The present Writ Petition is filed questioning the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Deputy Executive Engineer in R&B Department, on mere pendency of Charge Memo vide, G.O.Rt.No. 66 (TR & B) Department, dated 06.03.2023 (incident pertains to the year 2015-16), issued by the Respondent No.1, denying the promotion of the Petitioner as illegal, arbitrary. 3 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Technical Assistant in Kadapa NH Division on 15.09.2003. Later he was promoted as Assistant Engineer on 03.01.2009 and posted to Lingala Section and other various places. At present he is working in R & B Section, Mydukur from 28.09.2024. While so, Articles of Charge, vide G.O.Rt.No.66, dated 06.03.2023 was issued against the Petitioner by the Respondent No.1 alleging certain allegations under Rule 20 of Andhra Pradesh Civil Services ( CCA) Rules, 1991. The Petitioner also submitted a detailed explanation on 27.07.2023 to the Respondent No.1. Thereafter no proceedings were conducted by the Respondents against the Petitioner, even after lapse of 3 years. Petitioner is now due for promotion to the post of Deputy Executive Engineer, however, on account of pendency of departmental proceedings, his case is not being considered. 3. Learned counsel for the Petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore, Petitioner cannot be denied his right to be considered for promotion. Even otherwise, Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4 4. Learned Assistant Government Pleader appearing for Respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 5. In view of aforesaid submissions, with the consent of both the learned counsel, the Writ Petition is disposed at admission stage, directing the Respondents to consider the case of the Petitioner for promotion to the post of Deputy Executive Engineer in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. Further, the Respondents are also directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Date: 24.02.2026 KK