APHC010154732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9288/2026 Between:

1. G ANDAM SAI SREENIVASULU, S/O NAGAIAH, AGED ABOUT 31 YEARS, OCC JUNIOR ASSISTANT, OFFICE OF DEPUTY INSPECTOR GENERAL (R AND S), KADAPA, YSR KADAPA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, REGISTRATION AND STAMPS, SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522 238.

2. T HE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF ANDHRA PRADESH, 5-59, R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, VIJAYAWADA, KRISHNA DISTRICT - 521 151.

3. T HE DY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, OFFICE OF THE DY. INSPECTOR GENERAL OF REGISTRATION AND STAMPS, KURNOOL, KURNOOL DISTRICT A.P. - 518 002.

4. T HE DY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, OFFICE OF THE DY. INSPECTOR GENERAL OF REGISTRATION AND STAMPS, KADAPA, YSR KADAPA DISTRICT 516 001.

5. T HE DISTRICT REGISTRAR, REGISTRATION AND STAMPS, KADAPA, YSR KADAPA DISTRICT - 516 001.

...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in not promoting the petitioner to the post of Senior Assistant which is non-selection post in view of the seniority list dated 18-03-2026 prepared by the 5th respondent solely on the ground of pendency of Charge Memo vide Proc.No.X/474-2/2017, dated 04-10-2023 issued by the 4th respondent is illegal, arbitrary, unconstitutional, violation of principles of natural justice and consequently direct the respondents to promote the petitioner for the post of Senior Assistant from the post of Junior Assistant and pass ….”

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The learned counsel for the petitioner submits that the respondents in not promoting the petitioner to the post of Senior Assistant, which is a non-selection post, on the sole ground of pendency of Charge Memo vide Proc.No.X/474-2/2017 dated 04.10.2023 issued by the 4^th respondent, despite the seniority list dated 18.03.2026 prepared by the 5^th respondent, is illegal, arbitrary and in violation of Rule 5(b) of the Andhra Pradesh State and Subordinate Service Rules, 1996. It is further submitted that in similar cases this Court has already considered the issue and disposed of the matter in W.P.No.5627 of 2026, and therefore the petitioner seeks similar relief.

4. The issue involved in the present case has already been considered by a Division Bench of this Court in W.A. No.550 of 2022 (State of A.P. vs.

Ch. Venkata Rao), wherein it was held as follows-

4. On the other hand, the learned Government Pleader for Services-I has referred to G.O.Ms.No.66 General Administration (Services.C) Department, dated 30.01.1991 to contend that when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer, or a charge sheet has been filed against him in criminal court, his case for promotion is required to be deferred.

5. We have heard Mr. Aswartha Narayana, learned Government Pleader for Services I appearing for the appellants and Mr. G. Seena Kumar, learned counsel for the respondent/writ petitioner, and perused the material available on record. The learned single Judge has referred to the Judgment rendered by the Division Bench of this Court in the case of State of Andhra Pradesh rep., by its Secretary, Home Department vs. Motupalli Narasimha Raju (W.P.No.3099 of 2017), dated 27.08.2021, to hold that G.O.Ms.No.424 GA (Ser.C) department, dated 25.05.1976 is not applicable in the case of the petitioner, who is a constable a