APHC010089012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5078/2026 Between:

1. Y AMALA SRIKANTH, S/O. Y. PRABHAKAR RAO (LATE), AGED ABOUT 32 YEARS, OCC ASSISTANT EXECUTIVE ENGINEER, O/O ENC TRIBAL WELFARE DEPARTMENT VIJAYAWADA, R/O B-2 APARTMENT, MURALI NAGAR, 2ND CROSS ROAD, RAMACHANDRANAGAR, VIJAYAWADA, KRISHNA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522237

2. T HE ENGINEERINCHIEF, TRIBAL WELFARE DEPARTMENT, REVENUE COLONY, LABBIPETA, VIJAYAWADA, KRISHNA DISTRICT. 520001 ...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, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Dy. Executive Engineer, on the ground of pendency of disciplinary proceedings No.AC-4-TWED-STP-P.Patnam-NREGS-2025, dated 01.07.2025, as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to promote the Petitioners to the post of Dy. Executive Engineer, without reference to the disciplinary proceedings / charge memo pending, against them, from the date of their eligibility, with all service and monetary benefit 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 pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Dy. Executive Engineer, without reference to the disciplinary proceedings vide charge memo in proceedings No.AC-4-TWED- STP-P.Patnam-NREGS-2025, dated 01.07.2025, pending against them Counsel for the Petitioner:

1. SANAKA MANASWI Counsel for the Respondent(S):

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

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Dy. Executive Engineer, on the ground of pendency of disciplinary proceedings dated 01.07.2025, as illegal arbitrary and pass such other order or orders.…”

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

3. Petitioner was appointed as Assistant Executive Engineer in the Tribal Welfare Department on 19.07.2017 and while working so, the 2^nd respondent herein issued suspension orders to the petitioner on 01.07.2025 framing certain charges against the petitioner stating that the petitioner has committed irregularities in execution of five road works under Mahatma Gandhi National Rural Employment Guarantee Scheme. Petitioner submitted explanation on 12.01.2026 refuting the same and the proceedings are pending. As of now, no Enquiry Officer has been appointed. Petitioner is eligible and entitled to be considered for promotion to the post of Dy. Executive Engineer. Respondents stated to have commenced the process of undertaking promotion to the aforesaid post for the panel year 2013- 14 to 2024-24 and the petitioner apprehend that in view of the aforesaid disciplinary proceedings, his name would not be considered within zone of consideration.

4. Learned Assistant Government Pleader for Services, on instructions, would submit that the case of the petitioner would be considered in terms of G.O.Ms.