APHC010092532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5219 OF 2026 Between:

1. G. VENKATA SUBBAIAH, S/O G. YOCHANA, AGED ABOUT 49 YEARS, WORKING AS DY. EXECUTIVE ENGINEER(R AND B), SUB- DIVISION RAYACHOTY, R/O 1-16, PEDDAEMMANUR VILLAGE, UYYALAVADA MANDAL, NADYAL DISTRICT,518155.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT,522238.

2. THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT,560001.

...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in the R and B Department, solely on the ground of pendency of Charge MMeemmooss vviiddee GG..OO..RRtt..NNoo..2211,, TTRR aanndd BB ((VVIIGG..RR aanndd BB)) Department, dated 17.01.2023, relating to the year 2016-17 G.O.Rt.No.281, TR and B (VIG.R and B) Department, dated 17.09.2024, relating to the year 2019-20 and G.O.Rt.No.333, TR and B (VIG.R and B) Department, dated

06.11.2024, relating to the period 07/2018 to 11/2018, issued by the 1st respondent, as illegal, arbitrary, whimsical, violative of the Principles of Natural Justice and contrary to law and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the aforesaid Charge Memos, in terms of G.O.Ms.No.257 dated 10.06.1999, following the analogy of the orders passed by this Hon'ble Court in W.P. No.25098 of 2024 and W.P. No.9722 of 2024, which were granted by duly following the reported judgment of the Division Bench in Government of A.P., represented by its Principal Secretary, Revenue Department vs. A. Rajeswara Reddy, 2010 (4) ALT 374 (DB), and in consonance with G.O.Ms.No.679 dated 01.11.2008 IA NO: 1 OF 2026 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 candidature of the petitioner for promotion to the post of Executive Engineer in the R&B Department against the arising vacancy, without reference to the Charge Memos vide G.O.Rt.No.21, 11 TR&B (VIG.R&B) Department, dated 17.01.2023, relating to the year 2016-17; G.O.Rt.No.281, TR&B (VIG.R&B) Department, dated 17.09.2024, relating to the year 2019-20; and G.O.Rt.No.333, TR&B (VIG.R&B) Department, dated 06.11.2024, relating to the period 07/2018 to 11/2018, issued by the 1st respondent, in terms of G.O.Ms.No.257 dated

10.06.1999, pending disposal of the above Writ Petition Counsel for the Petitioner:

1. MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S):

1. GP FOR SERVICES II The Court made the following Order :

The present Writ Petition is filed questioning the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in R&B Department, on the ground of pendency of Charge Memos viz., vide G.O.Rt.No.21, TR&B (VIG.R&B)

Department, dated 17.01.2023 relating to the year 2016-17; G.O.Rt.No. 281, TR&B (VIG.R&B) Department, dated 17.09.2024, relating to the year 2019-20; and G.O.Rt.No.333, TR&B (VIG.R&B) Department, dated 06.11.2024, relating to the period of 07/2018 to 11/2018 issued by the Respondent No.1 as illegal, arbitrary.

2. The facts leading for filing the Writ Petition are as follows:-

The Petitioner was initially appointed as Assistant Executive Engineer/