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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010333092026
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: 18055/2026 Between:
1. G. SRINIVASA RAO, ,S/O RAMANAMURTHY AGED ABOUT 51 YEARS, OCC FISHERIES DEVELOPMENT OFFICER,
D.NO.10-382, RAGHAVENDRA PURAM, OPPOSITE BHASKARA PADMA RICE MILL, TURANGI, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY ANIMAL HUSBANDRY AND FISHERIES
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI-522238
2. THE COMMISSIONER OF FISHERIES, FISHERIES DEPARTMENT, VIJAYAWADA, NTR DISTRICT-520001
...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 a writ or order or direction, more particularly one in the nature of a writ of mandamus, declaring the action of the respondents in not considering the representation of the petitioner dated 12.06.2026 and 22.06.2026 for the promotion of petitioner in to the post of Assistant Director of Fisheries in the Supplementary panel for the year of 2024-2025, going to be filled in July 2026, is arbitrary, illegal and contrary to the principles of natural justice and Article 16 of the Constitution of India, consequently direct the respondents to consider the promotion of the petitioner to the post of Assistant Director of Fisheries for supplementary panel of 2024-2025, in the interest of justice. 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 representations of the petitioner dated 12.06.2026 and 22.06.2026 and promote him to the post of Assistant Director of Fisheries, for the supplementary panel of 2024-2025, in the interest of justice. Counsel for the Petitioner:
1. P MALLIKHARJUNA RAO Counsel for the Respondent(S):
1.
GP FOR SERVICES II The Court made the following:
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HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.18055 of 2026 O R DE R: The present writ petition is filed questioning the action of the Respondents in not considering the representations of the Petitioner dated 12.06.2026 and 22.06.2026 for promotion to the post of Assistant Director of Fisheries in the supplementary panel for the year 2024-2025 as illegal and arbitrary. 2. Petitioner had joined the Fisheries Department in the year 1993 and in course of time was promoted to the post of Fisheries Development Officer on 19.11.2008. While so, departmental proceedings were initiated against the Petitioner with regard to certain allegations regarding remittance of sale of fishing seed. After due enquiry, the disciplinary authority imposed a minor penalty of stoppage of one annual increment without cumulative effect vide proceedings dated 09.06.2025. 3. On account of pendency of disciplinary enquiry, the Petitioner was not included in the panel of promotion. Since the departmental enquiry culminated in imposition of minor penalty and as the currency of the punishment lapsed by 09.06.2025, the Petitioner seeks for consideration of his case for promotion to the
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post of Assistant Director of Fisheries and representations were submitted to that effect. 4. Learned Assistant Government Pleader would submit that the representations of the Petitioner would be considered and appropriate decision will be communicated. 5. Heard Sri P.Mallikharjuna Rao, learned counsel for the Petitioner and learned Assistant Government Pleader for Fisheries. 6. The departmental enquiry initiated against the Petitioner in the year 2016 culminated in imposition of minor penalty of stoppage of one annual increment without cumulative effect and the penalty had lapsed by 09.06.2026, the Petitioner is now under any cloud, for further promotions. 7. The writ petition is therefore disposed of directing the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Director of Fisheries taking note of his seniority and pass appropriate orders by taking into consideration that the penalty period had lapsed. There shall be no order as to costs. 5
As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 07.07.2026 KLP Whether the order is: Speaking
Reasoned
Reportable
Non-reportable