Andhra Pradesh High Court – Amravati
Banavathu Kubiya vs The State Of Andhra Pradesh on 26 December, 2024
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APHC010585222024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY SIXTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 30493/2024
Between:
Banavathu Kubiya ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KASA JAGANMOHAN REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following:
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ORDER:
This Writ Petition is filed by the petitioner, under Article 226 of the
Constitution of India seeking Mandamus, for the following relief:
“…to issue an order, direction or Writ more particularly one in the
nature of mandamus declaring G.O.Rt.No.970 MA & UD (Vig.ll)
dept dt.10.12.2024 and G.O.Rt.No.972 MAA & UD (Vig.ll) dept
dt.10.12.2024 granting permission for initiating the disciplinary
proceedings against the petitioner and not considering his case for
promotion to the higher post/Executive Engineeras arbitrary illegal
contrary to Sections 4,6,30 and 30A of A P Municipalities Act,
1965 and G.O.Ms.No.257 GAD (SER.C) Dept Dt.10.6.1999 and
G.O.Ms.No.187 GAD (SER-B) Dept dt.25.4.1985 and violative of
article 14, 16, 19 and 21 of the constitution of India and
consequently direct the respondents to drop the proceedings
contemplated under the above said G.O.s and consider the case
of the petitioner without reference to the charge memo for
promotion to the post of Executive Engineer in accordance with
his merit and seniority…”
2. Heard Sri Kasa Jaganmohan Reddy, learned counsel for the petitioner
and learned Government Pleader for Services-IV for the respondents.
Perused the material on record.
3. Learned counsel for the petitioner submits that it would suffice, if a
direction is given to the respondents to consider the case of the petitioner for
promotion to the post of Executive Engineer, in the ensuing DPC, in terms of
G.O.Ms.No.257, General Administration (Services-C) Department, dated
10.06.1999.
4. Learned Government Pleader appearing for the respondents did not
refute the said submission.
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5. Having regard to the facts and circumstances and without touching the
merits of the case, the respondents are directed to consider the case of the
petitioner for promotion to the post of Executive Engineer, in terms of
G.O.Ms.No.257, General Administration (Services-C) Department, dated
10.06.1999 and pass appropriate orders within a period of six (06) weeks from
the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition is disposed. No order as to costs.
Consequently miscellaneous applications pending, if any, in the Writ
Petition, shall also stand closed.
___________________
JUSTICE V.SUJATHA
Date : 26.12.2024
JLV