APHC010100332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5627/2026 Between: 1. P. RAVINDARANATH TAGORE, S/O. P. VENKATARATNAM (LATE), AGE 55 YEARS, OCC MULTI PURPOSE HEALTH SUPERVISOR(M) T.B. UNIT, GOVERNMENT AREA HOSPITAL, NANDIGAMA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. - 522238 2. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, STATE OF A.P, VIJAYAWADA, KRISHNA DISTRICT.- 520008 3. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH SERVICES, ZONE - II, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533 103 ...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 an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents, particularly the 3rd respondent not considering the petitioner claim for promotion to the post of Deputy Health Educational Officer which is non selection post vide impugned proceedings Rc.No.756/R1 A/2025 dated 21.01.2026 in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 and without reference to the charge memo vide G.O.Rt.No.75 Health, Medical and Family Welfare (VC.1) Department dated 25.01.2023 (issue relating to the year 2013-14 to 2017-18) as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and set aside the same and consequentially direct the respondents to promote the petitioner as Deputy Health Educational Officer (Non Selection Post) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 with all consequential benefits 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 direct the 3rd respondent to consider the petitioner claim for promotion to the post of Deputy Health Educational Officer (Non Selection Post) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 by suspend the impugned proceedings vide Rc.No. 756/R1 A/2025 dated 21.01.2026 issued by the 3rd respondent pending disposal of the above writ petition Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I THE HONOURABLE SRI JUSTICE D RAMESH 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 order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents, particularly the 3rd respondent not considering the petitioner claim for promotion to the post of Deputy Health Educational Officer which is non selection post vide impugned proceedings Rc.No.756/R1 A/2025 dated 21.01.2026 in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 and without reference to the charge memo vide G.O.Rt.No.75 Health, Medical and Family Welfare (VC.1) Department dated 25.01.2023 (issue relating to the year 2013-14 to 2017-18) as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and set aside the same and consequentially direct the respondents to promote the petitioner as Deputy Health Educational Officer (Non Selection Post) in terms of Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996 with all consequential benefits….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I appearing for the respondents. 3. The case of the petitioner is that the petitioner was initially appointed as Multi Purpose Health Assistant (Male) in the year 1995. Thereafter he was promoted as Multi Purpose Health Supervisor in the year 2009 and he is discharging his duties with utmost satisfaction of the superior authority. On 25.01.2023, the 1st respondent herein issued charge memo vide G.O.Rt.No.75, Health Medical and Family Welfare (VC.1) Department initiated departmental proceedings alleging that while the petitioner working as Multi Purpose Health Supervisor at the office of Primary Health Centre, Penamaluru, Krishna District, has submitted fake bank housing loan statements from Reliance House Limited for the financial year 2013-14 to 2017-18 to get provisions of Section 24 of Income Tax Act, 1961. The petitioner has submitted his explanation denying the charges and requested to drop further action. Though the charges pertains to the financial year 2013-14 to 2017-18, till now no enquiry has been conducted by the respondents and not considering the case of the petitioner for the promotion of Deputy Health Educational Officer. Hence the Writ Petition. 4. The issue involved in the present case has already been considered by a Division Bench of this Court in W.A. No.550 of 2022 (State of A.P. vs. Ch. Venkata Rao), wherein it was held as follows- “4. On the other hand, the learned Government Pleader for Services I has referred to G.O.Ms.No.66 General Administration (Services.C) Department, dated 30.01.1991 to contend that when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer, or a charge sheet has been filed against him in criminal court, his case for promotion is required to be deferred. 5. We have heard Mr. Aswartha Narayana, learned Government Pleader for Services I appearing for the appellants and Mr. G. Seena Kumar, learned counsel for the respondent/writ petitioner, and perused the material available on record. The learned single Judge has referred to the Judgment rendered by the Division Bench of this Court in the case of State of Andhra Pradesh rep., by its Secretary, Home Department vs. Motupalli Narasimha Raju (W.P.No.3099 of 2017), dated 27.08.2021, to hold that G.O.Ms.No.424 GA (Ser.C) department, dated 25.05.1976 is not applicable in the case of the petitioner, who is a constable and it is applicable to the selection post falling under Rule 5(a) and Rule 6 of the Rules, 1996, and the said G.O., does not come in the way of the petitioner to claim promotion during pendency of the departmental proceedings and therefore, the petitioner is entitled to the relief claimed for. 7. In the Division Bench judgment in Motupalli Narasimha Raju (supra), a Coordinate Bench has held that the post of Head Constable is a non-selection post for the purposes of promotion and therefore, in view of Rule 5(b)(i) of the Rules, 1996, the promotion can be deferred only upon imposition of penalty and not otherwise. It has also been held that the additional embargo, if any created under a G.O., which is not issued in exercise of powers under Article 309 of the Constitution of India, would not override Rule 5(b)(i) of the Rules, which clearly states that promotion to a non- selection post may be denied only if the incumbent is subjected to a penalty and not otherwise. Thus, neither G.O.Ms.No.424, GA (Ser.C) department, dated 25.05.1976 nor G.O.Ms.No.66, General Administration (Services.C) department, dated 30.01.1991 would come in the way of the writ petitioner to claim relief of promotion as has been held by the learned single Judge. The writ appeal has no substance and it deserves to be dismissed. 5. Following the said ratio laid down by the Division Bench, a Coordinate Bench of this Court in W.P. No.21608 of 2024 disposed of the writ petition in similar terms. The said legal position is not disputed by the learned Government Pleader. 6. Considering the submissions made and without going into the merits of the case this Writ Petition is disposed of, with a direction to the respondent authorities to consider the case of the petitioner for promotion, if he is otherwise within the zone of consideration, in terms of Rule 5(b)(i) of the Andhra Pradesh State and Subordinate Service Rules, 1996, without reference to the Articles of Charge dated 25.01.2023 issued by the respondents. There shall be no order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. ______________________________ JUSTICE D. RAMESH Dated: 26.02.2026 M K K 145 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5627 of 2026 Dated: 26.02.2026 M K K