APHC010098162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5295/2024 Between:

1. G UDA VENKATA SESHAGIRI, S/O GUDA VENKATESWARLU, AGED ABOUT 40 YEARS, OCC JUNIOR ASSISTANT IN TGP 7TH BC SUB- DIVISION NO.3, NAIDUPETA,TIRUPATI DISTRICT, DIVISION TELUGU GANGA PROJECT DIVISION, VENKATAGIRI O/O. SUPERINTENDING ENGINEER, TGP AND GNSS CIRCLE (WRD) DEPARTMENT, TIRUPATI, ANDHRA PRADESH, R/O. NORTH RAJUPALEM VILLAGE, KODAVALUR MANDAL, NELLORE DISTRICT - 524366 ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY (WATER RESOURCES) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE ENGINEERINCHIEF AW, WATER RESOURCES, DEPARTMENT, VIJAYAWADA, ANDHRA PRADESH.

3. T HE SUPERINTENDINGENGINEER, TGP AND GNSS CIRCLE (WRD)

DEPARTMENT, TIRUPATI, ANDHRA PRADESH.

4. T HE EXECUTIVE ENGINEER, TGP DIVISION, RAPUR, NELLORE DISTRICT.

5. T HE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REP. BY ITS CHAIRMAN / SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI - 110070.

6. T HE INSTITUTION OF CIVIL ENGINEERS, (INDIA) CAREER HOUSE, BINDRA COMPLEX, MODEL TOWN, NEAR TIKONA PARK, LUDHIANA PUNJAB. ...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 an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent herein in passing the impugned order dated 10-01-2024 which is served on this petitioner only on 29- 01-2024 vide Speaking Order Rc/ENC/I(l)/Abyt/4292156/2019, wherein the promotion proposal of the petitioner through the appointment by transfer from Junior Assistant to the post of Junior Technical Officer is denied by the 2nd respondent based upon the report submitted by the 3rd respondent herein without verifying the correctness of the same from the certificates submitted by this Petitioner which are issued by the 5th and 6th respondent herein under RTI further without taking into consideration the representation made by this Petitioner dated 10-07-2023 as per the directions of this Honble court dated 18-12-2023 passed in W.P.No. 32467/2023 as illegal, arbitrary, opposed to the established principles of law and in violation of the Fundamental Rights of the petitioner Guaranteed under Article 14 and 21 of the Constitution of India and consequently set aside the Impugned Order passed by the 2nd respondent dated 10-01- 2024 which is served on this petitioner only on 29-01-2024 vide Speaking Order Rc/ENC/I(l)/AbyV4292156/2019 by directing the 2nd respondent herein to pass promotion orders in favour of the petitioner by considering the Certificates of this Petitioner and pass Counsel for the Petitioner:

1. MD AMEEN Counsel for the Respondent(S):

1. GP FOR SERVICES III

2. KASA JAGANMOHAN REDDY

3. M UMADEVI The Court made the following ORDER:-

The writ petition is filed seeking the following relief:

“…to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent herein in passing the impugned order dated 10-01- 2024 which is served on this petitioner only on 29- 01-2024 vide Speaking Order Rc/ENC/I(l)/Abyt/4292156/2019, wherein the promotion proposal of the petitioner through the appointment by transfer from Junior Assistant to the post of Junior Technical Officer is denied by the 2nd respondent based upon the report submitted by the 3rd respondent herein without verifying the correctness of the same from the certificates submitted by this Petitioner …”

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader appearing for respondent Nos.1 to 4 and learned Standing Counsel for respondent No.6.

3. The contention of the petitioner is that initially, the petitioner has