1 Date of reserved for orders : Date of pronouncement : 02.07.2026 Date of uploading : 09.07.2026 APHC010320202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17529/2026 Between: 1. BADE LAKSHMIPATHI, S/O LATE BANGARU CHOWDARY, AGE 38 YEARS JUNIOR ASSISTANT (ST), R/O D.NO. 15-1-425 SHIVAJINAGAR, PALASA, SRIKAKULAM DISTRICT, PIN - 532 221 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE COMMERCIAL TAXES DEPARTMENT, SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATI.522238 2. THE JOINT COMMISSIONER ST, I - DIVISION, COMMERCIAL TAX DEPARTMENT. VISAKHAPATNAM.530001 3. THE JOINT COMMISSIONER, COMMERCIAL TAX DEPARTMENT VIZIANAGARAM.535001 ...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 tomay be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd Respondents in not considering promotion of the Petitioner due to pendency of the departmental disciplinary proceedings vide RC.No.44/2022/A6 dt.24- 10-2025 with regard to alleged trap on 28.06.2022 is illegal, arbitrary, 2 capricious, violative of Articles 14 16 and 21 of Constitution of India and also contrary to the G.O.Ms.No.257, dt.10.06.1999 G.O.Ms.No.679 dt.01.11.2008 and G.O.Ms.No.91, dt.12.09.2022. Consequently, direct the respondents to consider the promotion of the Petitioner to the post of Senior Assistant (now re-designated as Assistant Executive Officer) without reference to the disciplinary proceedings in terms of above mentioned G.Os and to pass such 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 may be pleased to direct the Respondents to consider the Petitioner promotion to the post of Senior Assistant (now re designated as Assistant Executive Officer) without reference to the disciplinary proceedings in terms of G.O.Ms.No.257, dt. 10.06.1999, G.O.Ms.No.679 dt.01.11.2008 and G.O.Ms.No.91, dt.12.09.2022 pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY 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: 17529/2026 O R D E R: The present Writ Petition is filed to declare the action of the Respondents 2 and 3 in not considering the case of the Petitioner for promotion due to pendency of the departmental disciplinary proceedings vide RC.No.44/2022/A6, dated 24.10.2025 with regard to alleged trap on 28.06.2022, as illegal and arbitrary. 2. The Petitioner has been working as Junior Assistant since 24.01.2017. It is stated that now he is eligible and qualified for promotion to the post of Senior Assistant. While so, a Charge Memo was issued to the Petitioner vide RC.No.44/2022/A6, dated 24.10.2025, making certain allegations. 3. It is stated that after serving the above Charge Memorandum, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. In view of the pendency of the Charge Memorandum, the case of the Petitioner for promotion is not being considered. 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 Senior Assistant can be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, 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 Senior Assistant subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 4 (ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.07.2026 ARR Whether the order is: Speaking Reasoned ✓ Reportable Non-reportable ✓ 5 110 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17529/2026 Dated: 02.07.2026 ARR