Extracted from the PDF above. The PDF is authoritative.
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APHC010201332026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10268/2026 Between:
1. ARAVA SATISH KUMAR, S/O SAMSON BABU, AGE 48 YEARS, PRESENTLY WORKING AS TOWN PLANNING OFFICER, AT NELLORE MUNICIPAL CORPORATION
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT.
2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the
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High Court may be pleased topleased to issue an appropriate writ,
order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioners case for promotion for the post of Assistant Director/ Assistant City Planner at 2ND Respondent Directorate of Town Country Planning which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the 2ND Respondent to forthwith consider Petitioners case for promotion to next level cadre post of Assistant Director/ Assistant City Planner as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Charge Memo NO1899675/2022/M4, Dated 08.08.2025 of 2MDRespondent Municipal Administration Urban Development (Vig-ll) Department 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 Petitioner’s case for promotion to next level post of Assistant Director/Assistant City Planner as per GO Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Charge MemoDepartmental proceedings 2ndNO1899675/2022/M4, Dated 08.08.2025 of Respondent and to pass s Counsel for the Petitioner:
1. S SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR SERVICES I
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The Court made the following Order: The present writ petition is filed questioning the action of the respondents in not considering the petitioner’s case for promotion to the post of Assistant Director/ Assistant City Planner at 2nd respondent Directorate of Town & Country Planning as illegal and arbitrary in view of G.O.Ms.No.257 General Administration Department dated 10.06.1999. 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. The case of the petitioner is that while he was working as Town Planning Officer at Nellore Municipal Corporation, the 2nd respondent has issued a charge memo to the petitioner on 08.08.2025 and initiating departmental proceedings against him under Rule 20 of the APCCA Rules alleging that failing to take action against certain allegations during the period of 04.01.2021 to
14.10.2022. The petitioner has submitted his detailed explanation on 01.09.2025. Even after lapse of two years, the respondents have not concluded the disciplinary proceedings. Hence, the present writ petition. 4
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The contention of the learned counsel for the petitioner is that the petitioner has submitted a written explanation on 01.09.2025 urging the authorities to consider his case for promotion to the post of Assistant Director/Assistant City Planner at 2ndrespondent Directorate of Twon & Country Planning in view of G.O.Ms.No.257 dated 10.06.1999, taking into consideration the initiation of enquiry and the timing of issuance of the charge memo which was issued right before promotions and the same has not been considered.
Learned counsel for the petitioner further submitted that the respondents have not considered the case of the petitioner for promotion, despite his seniority and clean service record.
5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Assistant Director/Assistant City Planner at 2ndrespondent Directorate of Twon & Country Planningcan be considered in terms of G.O.Ms.No.257, dated 10.06.1999.
6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Assistant Director/Assistant City Planner subject to the petitioner possessing requisite qualifications in terms of
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G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, also conclude the enquiry if any pending, in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated
12.09.2022. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall standclosed. ___________________ JUSTICE D.RAMESH
Date:04.05.2026 sj
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97 THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO:10268of 2026
Dated:04.05.2026
sj