Date of reserved for orders : --- Date of pronouncement : 07.07.2026 Date of uploading : APHC010336932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18002/2026 Between: 1. AKELLA SUBRAHMANYA SEETARAM, S/O AKELLA VENKATESA SARMA (LATE) AGED 57 YEARS, OCC PRESENTLY WORKING AS SENIOR ASSISTANT IN MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT. ERSTWHILE EAST GODAVARI DISTRICT 533003 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-1)DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, OFFICE AT APCRDA BUILDINGS, 4TH FLOOR, RAYAPUDI POST, THULLURU MANDAL, GUNTUR DISTRICT-522537. 3. THE KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER KAKINADA, KAKINADA DISTRICT, ANDHRA 2 PRADESH -533003. ...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 topleased to issue a Writ or Order more in the nature of Mandamus to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Superintendent in Municipal Corporation, Kakinada on account of the pendency of Charge Memo in GO. Rt. No. 622 dated 12.09.2023, as illegal, arbitrary, unjust, violation of Article 14,16, 21 of Constitution of India and in terms of G.O.Ms.No.257 G.A. (Ser-C) Department dated 10.06.1999, and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Superintendent in Municipal Corporation Kakinada without reference to the Charge Memo issued in Go. Rt No622 dated 12.09.2023, issued by the 1St respondent in terms of G.O.Ms.No.257 G.A. (Ser-C) Department dated 10.06.1999, by extending the benefit of AP High Court Judgments in similar matters disposed in W.P. No. 26232/2024, 35911/2025 ,14630/2024 dated 15.11.2024, 23.12.2025, 12- 7-2024,and W.P. No. 5518/2024 Disposed on dated 23.07.2024 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 Superintendent in Municipal Corporation Kakinada in terms of GO. Ms. No. 257 G.A. (Ser-C) Department dated 10.06.1999 and pass Counsel for the Petitioner: 1. I RAVINDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18002 of 2026 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Superintendent on account of pendency of departmental enquiry, which arose out of the charge memo issued vide G.O.Rt.No.622 (Municipal Administration and Urban Development (VIG.I) Department), dated 12.09.2023, as illegal and arbitrary. 2. The Petitioner was working as Senior Assistant in Municipal Corporation, Kakinada. It is stated that now he is eligible and qualified for promotion to the post of Superintendent. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.622 (Municipal Administration and Urban Development (VIG.I) Department), dated 12.09.2023 alleging that the Petitioner did not supervise properly and is responsible for short-levy of property tax (Rs.30.76.360/-). 3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotions for the post of Superintendent is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in 4 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 Superintendent 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 the following directions:- i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Superintendent, 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: 07.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 55 WRIT PETITION No.18002 of 2026 Dated: 07.07.2026 chs