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Date of reserved for orders : Date of pronouncement : 02-07-2026 Date of uploading : 09.07.2026 APHC010307812026
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: 17440/2026 Between:
1. G CHINNA BABAIAH, S/O. LATE G. LAKSHMANNA, GRADE-I TOWN PROJECT OFFICER (RETIRED), URBAN POVERTY ALLEVIATION WING, ADONI MUNICIPALITY, R/O. ANANTAPUR, ANANTAPUR DISTRICT, ANDHRA PRADESH
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 522238
2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 4TH FLOOR, CRDA BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522237
3. ADONI MUNICIPALITY, REP. BY ITS MUNICIPAL COMMISSIONER, ADONI, KURNOOL DISTRICT.
- 518301
...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
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pleased topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering and granting notional promotion to the post of District Project Officer on par with contemporary Smt. G. Savitri, who was promoted along with the petitioner as Grade-11 Town Project Officer and thereafter promoted along with the petitioner as Grade-1 Town Project Officer vide Proceedings Roc.No.14000/2000/N3 dated 04.03.2008, solely on the ground of pendency of vigilance proceedings which ultimately culminated in the petitioner's complete exoneration vide G.O.Rt.No.398, Municipal Administration and Urban Development (Vig.l) Department, dated 08.04.2026, as arbitrary, illegal, discriminatory, violative of Articles 14 and 16 of the Constitution of India and contrary to settled principles governing service jurisprudence, and consequently direct the respondents to grant the petitioner notional promotion to the post of District Project Officer from the date on which Smt. G. Savitri was promoted, with restoration of appropriate seniority and all consequential service benefits including revision and refixation of pay, pension, gratuity and all other retiral benefits on the basis of such notional promotion, together with all attendant monetary benefits admissible under law, 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 seeking grant of notional promotion as District Project Officer on par with Smt. G. Savitri together with consequential pensionary benefits, in the light of G.O.Rt.No.398 dated 08.04.2026, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner:
1. P MADHUKAR REDDY Counsel for the Respondent(S):
1.
GP FOR SERVICES I The Court made the following:
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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17440/2026 O R D E R: The present writ petition is filed seeking for notional promotion to the post of District Project Officer on par with junior of the Petitioner Smt.G.Savitri. 2. The Petitioner was issued a charge memorandum while working as Town Planning Officer Grade-I in Guntakal Municipality on 08.02.2012. While so, during the pendency of the disciplinary enquiry, the Petitioner retired from service on attaining the age of superannuation on 31.08.2020. On account of the disciplinary enquiry, the Petitioner was not considered for further promotion of the District Project Officer and the junior of the Petitioner was promoted. While so, the State Government issued G.O.Rt.No.398, MA & UD (Viz.III) Department, dated 08.04.2026, dropping the further action against the Petitioner and others. On account of dropping of charge memorandum, the Petitioner submitted a representation on 27.05.2026 for grant of notional promotion to the post of District Project Officer on the date, his junior was promoted to the said post. As his representation was not being considered, the present writ petition is filed. 3. Heard both learned counsel. 4. Learned Government Pleader for Services-I would submit that the representation is being considered and appropriate decision would be communicated to the Petitioner. 4
5. Considering the submissions, the Writ Petition is disposed of directing the Respondent Authorities to consider the representation dated 27.05.2026 for notional promotion to the post of District Project Officer taking note of the G.O.Rt.No.398, MA & UD (Viz.III) Department, dated 08.04.2026, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order. 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 ✓
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131 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 17440/2026 Dated: 02.07.2026
ARR