A. Venkateswarlu, v. The State of A.P.
Court: High Court of Andhra Pradesh
Bench: SUBBA REDDY SATTI
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-01-29. A. Venkateswarlu, v. The State of A.P. Read the judgment and case details on LawSphereX.
Judgment text
' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) . o WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY 19 o TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2187 OF 2025 Between: A. Venkateswarlu, S/o A. Kotaiah, Aged 60 years, Occ: Assistant Director of Municipal Administration, Presently working as Municipal Commissioner, Gudur Municipality, Tirupati District. ( SPSR Nellore District). ... PETITIONER AND 1. The State of A. P. , rep by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Commissioner and 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 of Municipal Commissioner Grade-1 without reference to the charge memo vide G. O. Rt. No. 254 Municipal Administration & Urban Development (Vig. 11. 2) Department dated 21. 04. 2015 and G. O. Rt. No. 381 Municipal Administration and 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 Articles 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 Municipal Commissioner Grade-1 in terms G. O. Ms. No. 257, General Administration Department, dated 10. 06. 1999 with all consequential benefits. lA NO: 1 OF 2025 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 to direct the respondents to consider the petitioner claim for promotion to the post of Municipal Commissioner Grade-1 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 S. RAJU, ASST.
GP FOR SERVICES-IV The Court made the following: ORDER w APHC010042242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2187/2025 Between: 1. A. VENKATESWARLU,, S/0 A. KOTAIAH, AGED 60 YEARS, OCC- ASSISTANT DIRECTOR OF MUNICIPAL ADMINISTRATION, PRESENTLY WORKING AS MUNICIPAL COMMISSIONER, GUDUR MUNICIPALITY, TIRUPATI DISTRICT. ( SPSR NELLORE DISTRICT). ... PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF A. P, MANGALAGIRI, GUNTUR DISTRICT. ...
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 to 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 of Municipal Commissioner Grade-1 without reference to the charge memo vide G. O. Rt. No. 254 Municipal Administration and Urban Development (Vig. 11. 2) Department dated 21. 04. 2015 and G. O. Rt. No. 381 Municipal Administration in terms of and Urban Development (Vig. 1. 1) Department dated 03. 06. 2015 G. O. Ms. No. 257, General Administration Department, dated 10. 06.
1999 as ArtiriP unconstitutional and violation of of 1^,'ble r" r,^'' h"''® “ntrary to the orders of this Hon ble Court and consequentially direct the respondents to promote Pen '’1 L"®' Municipal Commissioner Grade-1 In terms G. O. Ms No 257 General Administration Department, dated 10. 06. 1999 with all consequential benefits and pass lA_NOj10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in r. , u , support of the petition, the High Court may be oleased may be pleased to direct the respondents to consider the petitioner w promotion to the post of Municipal Commissioner Grade-1 in terms G. O. Ms. No. 257, General Administration Department, dated 10. 06. 1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TSNSUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: The petitioner.
Assistant Director of Municipal Administration, presently working as Municipal Commissioner filed the above writ petition in not considering his case for promotion to the post of Municipal Commissioner raded due ot the pendency of charge memo vide G. O. R. T. No. 254 Municipal Administration & Urban Development (Vig. 11. 2) Department, dated 21. 04. 2015 (Ex. P1) and G. O. Rt. No. 381 Municipal Administration & Urban Development (Vig. l. 1) Department dated 03. 06. 2015 (Ex. P2), as illegal and arbitrary. 2. Heard Sri T. S. N. Sudhakar, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services appearing for respondents 1 and 2. & Urban 3. A charge memo vide G. O. R. T. No. 254 Municipal Administration (Ex. P1) and another Development (Vig. 11. 2) Department, dated 21. 04. 2015 & Urban charge memo vide G. O. Rt. No. 381 Municipal Administration was issued to Development (Vig. 1. 1) Department dated 03. 06. 2015 (Ex.
P2) specifically pleaded that the the petitioner. In para-3 of the affidavit, it was a report. However, the inquiry officer conducted an inquiry and submitted disciplinary authority has not concluded the inquiry. 4. Learned counsel for the petitioner would submit that though the not considered due to the petitioner is eligible for promotion, his case was pendency of the aforementioned charge memos. confined his 5. At the hearing, learned counsel for the petitioner the case of the arguments and urged to direct the respondents to consider General petitioner for promotion in promotion in terms of G. O. Ms. No. 257 Administration (Ser. C) Department, dated 10. 06. 1999. not refute the 6. Learned Assistant Government Pleader for Services did submission made by learned counsel for the petitioner. 7.
Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission the learned with the consent of both the learned counsel, directing for promotion, strictly in respondents to consider the case of the petitioner terms of G. O. Ms. No. 257 General Administration (Ser. C) Department, dated of consideration, whenever 10. 06. 1999, if the petitioner’s case is in the zone costs. the DPC is conducted. There shall be no order as to closed. Miscellaneous petitions pending, if any, shall stand SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR y ' SECTiOM OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 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 r HIGH COURT DATED:29/01/2025 ORDER WP. No. 2187 of 2025 5 1 I FEB 2025 5 Current Section . DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS
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