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2026 DAILYLAW 4187 (AP)

B.LAKSHMI DEVI v. THE STATE OF ANDHRA PRADESH

WP/17743/2026 · 2026-07-02

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010336792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17743/2026 Between: 1. B.LAKSHMI DEVI, W/O. I. ANJA NAIK, AGED ABOUT 52 YEARS,OCC PANCHAYAT DEVELOPMENT OFFICER (PDO), FORMERLY PANCHAYAT SECRETARY GRADE-1, PENUGALURU MANDAL,RAYACOTY ANNAMAYYA DISTRICT... ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, 522501 3. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY. 4. THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT, RAYACHOTY. ...RESPONDENT(S): 2 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 one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Panchayat Development Officer (MPDO) solely on account of the pendency of Charge Memo No. 2371-457/CPR and RD/B2/2024, dated 18.08.2024, as illegal, arbitrary, unreasonable, violative of Articles 14 and 16 of the Constitution of India and contrary to G.O. Ms. No.257, General Administration (Ser.C) Department, dated 10.06.1999, as well as G.O. Ms. No.91, General Administration (Services-C) Department, dated 12.09.2022, and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Panchayat Development Officer (MPDO) without reference to Charge Memo No. 2371-457/CPR and RD/B2/2024, dated 18.08.2024, in terms of G.O. Ms. No.257 dated 10.06.1999, 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 for promotion to the post of Panchayat Development Officer (MPDO) without reference to Charge MemoNo. 2371- 457/CPR&RD/B2/2024, dated 18.08.2024, in terms of G.O. Ms. No.257 dated 10.06.1999, and pass Counsel for the Petitioner: 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17743 of 2026 ORDER: This Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Panchayat Development Officer (MPDO) on account of pendency of departmental enquiry, which arose out of the charge memo issued vide Charge Memo No.2371- 457/CRP&RD/B2/2024, dated 18.08.2024, as illegal and arbitrary. 2. The Petitioner while working as Panchayat Secretary Grade-I, Nallapuraddipalli Gram Panchayat, Penagaluru Mandal was placed under suspension vide proceedings dated 27.05.2024. Subsequently, a charge memo dated 18.08.2024 was issued alleging certain misconduct. 3. It is stated that after serving the above charge memo, the Petitioner submitted her explanation on 17.09.2024 refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Panchayat Development Officer (MPDO) is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Panchayat 4 Development Officer (MPDO) can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 5. The Writ Petition is disposed of with following directions:- i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Panchayat Development Officer (MPDO) subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 03.07.2026 KLP Whether the order is: Speaking Reasoned Reportable Non-reportable