IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR / PRESENT ^V

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18341 OF 2024

Between:

A Venkateswarlu, S/o A.Kotaiah, Aged 60 years, Occ: Superintendent, Presently working as Municipal Commissioner, Gudur Municipality, Tirupati District.( SPSR Nellore District).

...PETITIONER

AND

• 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, At Amaravathi, Guntur District.
• 2. The Commissioner & Director of Municipal Administration,, State of A.P, Mangalagiri, Guntur District.

...RESPONDENTS

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 to issue an appropriate order or directions more particularly, one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents not considering the petitioner claim for promotion to the post Assistant Director of Municipal Administration without reference to the charge memo vide G.O.Rt.No. ²⁵⁴ Municipal Administration & Urban Development (Vig.ll.2) Department dated 21.04.2015 and G.O.Rt.No. ³⁸¹ Municipal Administration & Urban Development (Vig.1.1) Department dated of G.O.Ms.No.257, General Administration 10.06.1999 as highly illegal, arbitrary, unjust. 03.06.2015 in terms Department, dated

unconstitutional and violation of Articles 14, 16 & 21 of the of India and contrary to the orders of this Hon'ble Court and discrimination, .Constitution consequentially direct the respondents to promote the petitioner as of Municipal Administration in terms G.O.Ms.No.257, Administration Department, ' . ^f Ad'ststant Director ^V ^y ^ dated 10.06.1999 with all ■^^'neral consequential benefits.

lA NO: ¹ OF 2024

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Assistant Director of Municipal Administration in terms G.O.Ms.No.257 General Administration Department, dated 10.06.1999 pending disposal of the above Writ Petition

Counsel for the Petitioner; SRI T.S.N. SUDHAKAR

Counsel for the Respondent Nos. ¹ & 2: SRI R.S.MANIDHAR PINGAL, ASST.GP FOR SERVICES-IV

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18341 OF 2024

Between:

A.Venkateswarlu, S/o A.Kotaiah, Aged 60 years, Occ: Superintendent, Presently working Municipal Municipality, Tirupati District. (SPSR Nellore District). as Commissioner, Gudur

... Petitioner

And

The State of A.P. rep by its Principal Secretary, Municipal Administration & Urban Development Velagapudi, At Amaravati, Guntur District and Secretariat Department another.

... Respondents

Counsel<br>the<br>petitioner<br>for	;	T.S.N.Sudhakar<br>Sri
Counsel<br>respondents<br>for	;	GP<br>-<br>Services<br>IV<br>for

ORDER

The above writ petition is filed under Article 226 of the

Constitution of India seeking the following relief;

"...to issue an appropriate order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not considering the petitioner claim for promotion to the post Assistant Director of Municipal Administration without reference to the charge memo vide G.O.Rt.No.254 Municipal Administration and Urban Development (Vig.ll.2) Department dated 21.04.2015 and G.O.Rt.No.381 Municipal Administration &

Urban Development (Vig.1.1) Department dated 03.06.2015 in terms of G.O.Ms.No.257 General Administration Department dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 & 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Assistant Director of Municipal Administration in terms G.O.Ms.No.257 General Administration Department dated 10.06.1999 with all consequential benefits and pass such other or further orders ..."

² Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and R.S.Manidhar Pingali, learned Assistant Government Sri Pleader for Services appearing for respondent Nos.1 & 2.

3. Two charge memos vide G.O.Rt.No.254 Municipal Administration & Urban Development (Vig.ll-2) Department, dated 21.04.2015 (Ex.PI) and G.O.Rt.No.381 Municipal Administration & Urban Development (Vig.l-I) Department, dated 03.06.2015 (Ex.P2) were issued against the petitioner.

4. Learned counsel for the petitioner would submit that the inquiry in respect of aforementioned two charge memos are still pending and is not concluded so far. He also would submit that in terms of G.O.Ms.No.679 General Administration (Services-C) department, dated 01.11.2008, the respondent authorities shall conclude the inquiry within three months in respect of simple cases and within six months in respect of complicated cases. However, the inquiry is not completed so

SRS, ^J W.P.No.18341 of 2024

far. He also would submit that the case of the petitioner is not been considered for promotion in view of pendency of charge memos.

5. Learned Assistant Government Pleader for Services would submit that the inquiry will be concluded in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.

6. The Government issued G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 prescribing guidelines to be followed by the authorities while considering the candidature of the employee for promotion wherever inquiry pending. The Government also issued G.O.Ms.No.91 General Administration (Ser-C) Department, dated 12.09.2022 prescribing time lines to complete the inquiry within three months and six months in case of simple and complicated respectively. The case at hand, two charge memos dated 21.04.2015 (Ex.P1) and 03.06.2015 (Ex.P2) were issued against the petitioner. However, the inquiry is not concluded so far. For the laches on the part of the respondent authorities in concluding the inquiry, the petitioner shall not be put to suffer. IS

7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel directing the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the of consideration and fulfils all requisite petitioner is in the zone qualifications. The respondents also conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs.

As ^a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- M. SRINIVAS

ASSISTANT REGISTRAR //TRUE COPY// SECmON OFFICER

To,

• The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 1.
• 2. The Commissioner & Director of Municipal Administration, State of Andhra Pradesh, Mangalagiri, Guntur District.
• 3. One CC to Sri T.S.N.Sudhakar, Advocate [OPUC]
• 4. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT]
• 5. Three CD Copies.
• gi

HIGri COURT

DAT^D;22/08/2024

ORDER

WP.No.18341 of 2024

y

DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS