Promotion to a non-selection post under Rule 5(b)(i) of the A.P. State and Subordinate Service Rules, 1996, cannot be denied solely due to pending disciplinary proceedings; it can only be deferred if a penalty has been imposed.

(Special Original Jurisdiction)

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 pleased 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 denying promotion to the post of Senior Assistant to the petitioner citing pendency of Disciplinary Proceedings initiated through G.O.Rt.No.749 MA and UD (Vig.lll) Dept., dated 11.10.2022 contrary to Rule 5-b (i) of the A.P. State and Subordinate Service Rules, 1996 and the law laid down by the Division Bench of this Honble Court in W.A.No.550 of 2022 dated 6.9.2022 as illegal, arbitrary, contrary to service rules and violation of article 14,16 and 21 of the Constitution of India and consequently declare that the petitioner is entitled to be promoted as per seniority dated 6.7.2024 along with the other candidates with all consequential service benefits and to pass

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 may be pleased to direct the 3 respondent to consider the case of the petitioner forthwith for promotion to the post of in the existing vacancies in terms of Rule 5(b) (i) of the A.P. State and Subordinate Service Rules, 1996 , and to pass

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 denying promotion to the post of Senior Assistant to the petitioner citing pendency of Disciplinary Proceedings initiated through G.O.Rt.No.749 MA & UD (Vig.lll) Dept., dated 11.10.2022 contrary to Rule 5-b (i) of the A.P. State and Subordinate Service Rules, 1996 and the law laid down by the Division Bench of this Hon’ble Court in W.A.No.550 of 2022 dated 06.09.2022 as illegal, arbitrary, contrary to service rules and violation of article 14, 16 and 21 of the Constitution of India and consequently, declare that the petitioner is entitled to be promoted as per seniority dated 06.07.2024 along with the other candidates with all consequential service benefits and to pass…”

2. Heard the learned counsel for the petitioner, the learned Government Pleader for Services-I appearing for the respondent Nos.1 to 2 and learned Standing Counsel for respondent No.3.

3. The case of the petitioner is that the 3rd respondent has not considered the case of the petitioner for promotion to the post of Senior Assistant from the post of Junior Assistant, though the petitioner is fully eligible and qualified to hold the said promotional post. It is contended that the claim of the petitioner for promotion falls under Rule 5(b) of the State and Subordinate Service Rules, 1996, and the action of the 3rd respondent in not considering the case of the petitioner is illegal and arbitrary.

4. The learned counsel for the petitioner submits that the subject matter of the present writ petition is squarely covered by the order passed by this Court in W.P.No.3873 of 2026, dated 10.02.2026, and seeks similar relief in the present case.

5. 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 the A.P. vs Ch. Venkata Rao ), wherein it was held as follows:

“4. On the other hand, the learned Government Pleader