Bavaraju Venu Madhav, Vs The State of Andhra Pradesh

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APHC010458072025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 23663 OF 2025

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Between:

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Bavaraju Venu Madhav, S/o. Subbaiah, aged 51 years, Occ: Hostel Welfare Officer Grade-ll, R/o.H,No.12-1-43, Flat No.103, Venkata Kumar Enclave, Prakashnagar Narasaraopet, Guntur District, Andhra Pradesh.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. By its Principal Secretary, B.C.

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Welfare Department, Secretariat, Amaravathi, Guntur District,

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The Director B.C Welfare Department, Tadegadapa, Vijayawada, Krishna District, Andhra Pradesh.

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The District Collector, Guntur, Guntur District,

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The District B.C Welfare and Empowerment Officer, Sakshi Bavan, Z.P.Office, Guntur, Guntur District, Andhra Pradesh.

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The Assistant B.C Welfare Officer, Guntur, Guntur District. Andhra Pradesh,

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...Respondents

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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 a Writ Order of direction particularly oneⁱⁿ the nature of Writ

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of Mandamus to declare the action of the respondents specifically respondent no. 3 for not granting promotion inspite of the clear vacancy^{arisingoutofthe} final seniority list vide proceedings RC.No.A1/58/2021^{dated28.02.2025and} thereby not considering representation dated 09.07.2025^made by the petitioner as illegal arbitrary violative of principles of natural justice and contrary to Articles 14 and 16 of the Constitution^{ofIndiaandconsequently} direct the respondents to grant promotion to the petitioner^fromthepost Hostel Welfare Officer Grade-ll to Grade-1 b)r/'Considering^{therepresentation} made by the petitioner dated 09.07.2025.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} direct the respondents specifically respondent no. 3 to 5 to consider the representation made by the petitioner dated 09.07.2025^for promotion by passing a speaking order on the same pending disposal^ofWrit Petition.

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Counsel for the Petitioner: M/s YERRAMSETTY SATYA SOWMYA Counsel for the Respondent Nos. 1,2, 4 and 5:GP FOR^SERVICES II Counsel for the Respondent No. 3; GP FOR SERVICES I

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The Court made the following order:

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APHC010458072025

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[3460]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY JHE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 23663 OF 2025

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Between:

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1.BAVARAJU VENU MADHAV,, S/0. SUBBAIAH, AGED 51 YEARS, OCCHOSTEL WELFARE OFFICER GRADE-LL, R/0.H,N0.12-1-43, FLAT NO. 103 VENKATA KUMAR ENCLAVE, PRAKASHNAGAR NARASARAOPET, GUNTUR DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY B.C. WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT,

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2.THE DIRECTOR B C WELFARE DEPARTMENT, TADEGADAPA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH.

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3.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT,

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4.THE DISTRICT B C WELFARE AND EMPOWERMENT OFFICER, SAKSHI BAVAN, Z.P.OFFICE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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5.THE ASSISTANT B C WELFARE OFFICER, GUNTUR, GUNTUR DISTRICT. ANDHRA PRADESH,

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...RESPONDENT(S):

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Counsel for the Petitioner:

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YERRAMSETTY SATYA SOWMYA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.GP FOR SERVICES II

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 23663 OF 2025

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ORDER:-

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The present Writ Petition is filed questioning the action of the Respondent No.3 in not considering the representation^{ofthePetitionerdated} 09.07.2025 for considering the Petitioner for promotion^{tothepostofHostel} Welfare Officer, Grade-11 to Grade-1 as per seniority. 2. The Petitioner was appointed as Special Grade Teacher^inEducation 29.08.1998. Subsequently he was transferred as.. Hostel Department on Welfare Officer, Grade-ll, vide proceedings in Rc.No.A/170/2001, dated 18.01.2003 on deputation. Subsequently, with consent,^{theservicesofthe} Petitioner were absorbed as Hostel Welfare Officer^{Grade-ll,videproceedings} in Rc.No.A1/270/2004, dated 22.12.2011. A Provisional^Seniority List was Rc.No.A1/58/2021, dated prepared by Respondent No.2, vide Memo in 14.06.2021. Vide Memo, dated 06.12.2022, the Petitioner^{wasgivenSpecial} Promotion post Scale-11 from 29.08.2022. However, the^{samewasrevisedon} the basis of a complaint given by one P.V.Sambasiva^{Rao.Questioningthe} same the Petitioner filed W.P.No.3721 of 2023 and an interim^orderwas passed by this Court staying all further action. The^{Petitionernowseeksfor} promotion to the cadre of Hostel Welfare Officer, Grade-ll^{onthebasisofFinal} of the Petitioner was shown at SI.No.6. A Seniority List, wherein, the name to that effect to Respondent No.3. As the said representation was given

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representation has not been considered, the present Writ Petition came to be filed.

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Learned Assistant Government Pleader for the Respondents would submit that the representation of the Petitioner would be considered by the Respondent No.3 and appropriate orders will be passed as per law.

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Recording the submissions of learned Assistant Government Pleader for the Respondents, the Writ Petition is disposed of, directing the Respondents to consider the representation of the Petitioner dated 09.07.2025 and pass appropriate orders in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications pending if any, shall stand

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closed.

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//TRUE COPY//

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° ACHARI ASSISTANT/^EGISTRAR

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SECT.ION

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To,

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